The regulations from Industry Canada for Canada’s anti-spam legislation were released yesterday after length consultations. Most of the Act will come into force in July 2014.
Final Action Regulations
Amendment to the Patent Rules were registered last week directed primarily to final action practice. These amendments follow from the consultations that took place 2012 and relate to amendments and practice after a final action and the Patent Appeal Board.
Patent Agent Exam
November 29th is the deadline for applying to write the Patent Agent Exam in April 2014. This may be the last year for the exam under the current rules as amendments to the Patent Rules affecting the Patent Agent Exam (and the Trade-marks Agent Exam) are likely to be released in the new year.
Private Labels
The Supreme Court of Canada issued its decision in Katz Group Canada Inc. v. Ontario (Health and Long‑Term Care), 2013 SCC 64 today, which upheld Ontario’s regulations of ‘private label’ generic drugs and dismissed the appeal by Shoppers and Katz.
Google Books
Judge Chin of the District Court of New York held today that the Google Books scanning project is ‘fair use’, granting Google’s motion for summary judgment. Google has scanned more than 20 million books and includes the results in its search engine. The Authors Guild and individual authors sued for copyright infringement and sought class action status. The Authors Guild has indicated it will appeal the decision.
Anti-Counterfeiting Returns
Yesterday, Bill C-8, Combating Counterfeit Products Act was introduced by the government. This is a re-introduction of Bill C-56 from the previous session and the Bill has been fast tracked to committee stage based on the status of Bill C-56 prior to prorogation.
European Trade Agreement
Canada and the EU have signed a trade agreement, CETA, which has several IP related provisions. Based on the government’s summary and media reports, these include geographic indicators, patent term extensions of up to two years and changes to the PM(NOC) Regulations.
Appointments and Retirement
Justice Marc Nadon of the Federal Court of Appeal was appointed to the Supreme Court of Canada yesterday. He was a judge of the Federal Court and Federal Court of Appeal since 1993.
Justice Snider of the Federal Court, who wrote many leading intellectual property decisions, is retiring effective October 12, 2013. Also, earlier this week the government appointed judges to the British Columbia, Manitoba, Nova Scotia, Ontario, PEI and Quebec courts.
Federal Court of Appeal upholds Eurocopter decision
The Federal Court of Appeal has dismissed the appeal and cross-appeal in the Bell Helicopter v. Eurocopter proceeding. The Court included discussion of inventive concept, utility, sound prediction, and punitive damages. Some quotes from the decision:
- “It seems to me that calculations and mathematical modeling are, by their very essence, a prediction of a given utility.”
- “Where a person infringes a patent which it knows to be valid, appropriates the invention as its own, and markets it as its own knowing this to be untrue, punitive damages may be awarded when an accounting for profits or compensatory damages would be inadequate to achieve the objectives of retribution, deterrence and denunciation of such conduct.”
Continue reading Federal Court of Appeal upholds Eurocopter decision
Eli Lilly Files Notice of Arbitration
Eli Lilly has filed a Notice of Arbitration in its NAFTA claim against Canada stating: “Canada’s ‘promise utility doctrine,’ applied by Canadian courts to invalidate the Strattera and Zyprexa patents, is contrary to Canada’s treaty obligations to protect patent rights and has resulted in the unlawful expropriation of Lilly’s intellectual property.”