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Daily Intellectual Property News

Daily intellectual property news delivered to your email inbox. Over 1200 IP professionals, including lawyers in private practice, in-house counsel, law clerks and lawyers at government agencies use this daily email to keep up to date on intellectual property law developments.

Sign up to receive daily updates on intellectual property in Canada, including new IP decisions, new actions, daily activity on files you are interested in, new Patent Appeal Board decisions, new TMOB decisions, etc. Existing subscribers can manage their subscriptions to receive some or all of these alerts depending on their interest. Highlights are also available on the IPPractice.ca blog. If you are interested, you can view a sample email or subscribe. Current subscribers can modify their subscription preferences.

Patent Retriever

You can use the patent retriever to receive PDF copies by email of most patent and published patent applications from around the world, including Canadian and from the United States. You can also obtain Canadian Patent Appeal Board decisions, United States re-issue patents and United States design patents.

Federal Court docket browser

Browse the recorded entries for Canada’s Federal Court and Federal Court of Appeal. While some of this information is available directly from the Courts’ websites, this browser includes links to related proceedings, reported decisions, and links to the intellectual property at issue.

Federal Court and Federal Court of Appeal hearings

A list of intellectual property hearings this week in the Federal Court and the Federal Court of Appeal, as well as all scheduled intellectual property trials, judicial reviews (including PM(NOC) hearings), and appeals to the Federal Court of Appeal.

Patent and Trademark Statistics

Various statistics on patents and trademarks in Canada, including rankings of agents in Canada by volume of applications, and old act patents.

Litigation Statistics

Investigate litigation before the Federal Court and Federal Court of Appeal, including lists of all intellectual properties actions in the courts and the status of the actions.

Holiday

The National Day for Truth and Reconciliation on September 30th has been incorporated into the Federal Courts Rules definition of “holiday”. The Federal Court issued a notice reminding litigants to take this holiday into account when computing deadlines and that hearings are being rescheduled.

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Appointments

Several appointments were made today, including:

  • Justice Siobhan Monaghan of the Tax Court as a Judge of the Federal Court of Appeal;
  • Prothonotary Mandy Aylen as a Judge of the Federal Court;
  • Avvy Yao-Yao Go, Clinic Director at the Metro Toronto Chinese and Southeast Asian Legal Clinic in Toronto, as a Judge of the Federal Court;
  • Dr. Vanessa Rochester, Counsel at Norton Rose as a Judge of the Federal Court;
  • Trent Horne, Partner at Aird & Berlis as a Prothonotary of the Federal Court; and
  • Catherine A. Coughlan, General Counsel at the Department of Justice  as a Prothonotary of the Federal Court.

Appointments were also made today to the Tax Court and the courts in Ontario, Alberta, Saskatchewan, New Brunswick and Newfoundland & Labrador. …Read More

York University v. Access Copyright

The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement.  The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.

Designated Establishments

CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.

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Consultations

Two consultations were announced today:

  • the Patented Medicine Prices Review Board announced a  consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
  • The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.

Canadian Intellectual Property