Bill C-59, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, was introduced today to implement portions of the budget. The proposed changes include amendments to:
Copyright Act – term of sound recording and performance rights;
Patent Act – privilege for patent agents, force majeure, correcting errors and other changes;
Trade-marks Act – privilege for trade-mark agents, force majeure, correcting errors;
Industrial Designs Act – force majeure, correcting errors.
The government has tabled the Marrakesh Treaty which allows copyrighted material to be adapted into accessible formats for the visually impaired. The implementation of this treaty was announced as part of the budget last week.
On Monday, the Supreme Court will hear oral arguments in CBC v. SODRAC, an appeal from the Federal Court of Appeal’s decision on what copyright royalties are payable on ephemeral copies under the principles of technology neutrality.
In the past year, legislation in all areas of intellectual property was amended or is in the process of being amended: the Trade-marks Act was amended twice; anti-counterfeiting amendments were made to the Copyright Act and several sections of the Copyright Modernization Act came into force; both the Patent Act and Industrial Design Act were amended to implement the treaties; and amendments to the Plant Breeders’ Rights Act are in the final stages of parliament. I discuss these changes in an article published today.
Sections of the Combating Counterfeit Products Act relating to a new border enforcement regime come into force January 1, 2015, as published today in the Canada Gazette.
Bill C-8, Combating Counterfeit Products Act received royal assent earlier today. The legislation is primarily directed to counterfeit goods, including border enforcement, criminal provisions and civil remedies though amendments to the Copyright Act and Trade-marks Act. The amendments were previously introduced as Bill C-56 in 2013.
There are reports of plans to amend the Copyright Act to provide an exception for political advertising. The exception would permit free use of news content by political actors without requiring rights holder authorization.
3D printing raises interesting issues in all areas of intellectual property. What types of intellectual property will be used by rights holders and how will copyright, trade-marks, industrial design and patents be enforced against providers and users of 3D printers? I explore some of these issues in an article published today.
A majority of the United States Supreme Court ruled in American Broadcasting Cos. v. Aereo, Inc. that Aereo transmits a performance to the public by sending television signals it receives over the air from individual antennas to subscribers over the internet.
The government announced today that the “Notice and Notice” provisions of the Copyright Modernization Act will come into force in January 2015 without additional regulations.
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