Proposed regulations on “Establishing Time Limits in Relation to Matters Before the Copyright Board” have been published in the Canada Gazette Part 1. The purpose of the regulations is in part to “prescribe the amount of time the Board may take to render decisions”. Continue reading Copyright Board
Tag Archives: Copyright
Crown Copyright
A private member’s bill, C-440 was introduced yesterday that would abolish Crown Copyright. Continue reading Crown Copyright
Budget Bill
Bill C-86, the budget bill that implements changes to the Patent Act, the Trade-marks Act and the Copyright Act, enacts the College of Patent Agents and Trade-mark Agents Act and makes changes for IP licenses in insolvency received royal assent yesterday. Bill C-86 received minor amendments as it went through parliament.
USMCA
My latest column for Slaw has been published, on the IP changes included in the US Mexico Canada trade agreement. The agreement is supposed to be signed Friday but reports are that the countries are still in discussions. Continue reading USMCA
Budget Changes
Introduced yesterday, budget bill C-86 includes changes to the Patent Act, Trade-marks Act, Copyright Act, enacts the College of Patent Agents and Trade-mark Agents Act and makes changes for IP licenses in insolvency. Some highlights include a college to regulate agents, reform of the Copyright Board, allows patent file histories to be admissible to rebut claim constructions, add bad faith as a ground of opposition for trademarks, and adds requirements for notices under the notice-and-notice copyright regime.
Music Modernization
Notice-and-Notice
The Supreme Court issued its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38 relating to the costs that ISPs can claim for comply with Norwich orders under the Copyright Act. Continue reading Notice-and-Notice
Happy World IP Day
A number of interesting announcements on World IP Day. The focus of the international focus on IP was on Powering change: Women in innovation and creativity. In Canada, the government announced a National IP Strategy having a number of components including $85.3 million over five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Announced for IP tools, was more efficient dispute resolution and tariff setting at the Federal Court (more judges) and Copyright Board through more funding, formation of a patent collective, improvements to IP used in standards-setting processes, and an IP-specific marketplace. Announced legislative changes include:
- establishing minimum requirements for patent demand letters;
- excluding settlement demands from the copyright Notice and Notice regime;
- Requiring ‘use’ of a trademark to enforce it within the first three years;
- affirming the patent research exemption;
- clarifying the role of standard essential patents;
- allowing continued use of IP by licensees in liquidation proceedings; and
- creating a College of Patent and Trademark Agents to regulate agents.
In Europe, the UK announced today that it had ratified the Unified Patent Court (UPC) Agreement.
Copyright
Last week, the Standing Committee on Industry, Science and Technology announced the statutory review of the of the Copyright Act.
USSC
The United States Supreme Court has issued a couple of intellectual property decisions this week:
- Star Athletica, L. L. C. v. Varsity Brands, Inc. where a majority found a feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from the useful article into which it is incorporated. The particular facts related to cheerleading uniforms.
- SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC where a majority found that laches cannot be invoked as a defense against a claim for patent infringement damages brought within the 6-year limitations period.