Tag Archives: Industrial Designs

Design Damages

The United States Supreme Court has released its decision in Samsung v. Apple regarding the damages for design infringement. Finding in favour of Samsung, the court held that in the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product. The $399 million damages award was reversed and the proceeding remanded back to the Federal Circuit.

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IP Items

A few items that may be of interest:

  • The United States Supreme Court issued its decision today in Kimble v. Marvel Entertainment, LLC, upholding the rule that a patentee cannot continue to receive patent royalties for sales made after the patent expires.
  • The House of Commons has adjourned for the summer so pending bills, including Bill C-65, amending the Copyright Act to implement the Marrakesh Treaty for the blind, will need to be re-introduced. Bill C-59, the budget implementation bill which includes amendments to the Patent Act, Copyright Act, Industrial Design Act and Trade-marks Act, is still pending before the Senate.
  • The Federal Court has issued a practice notice on the publication of decisions having ‘precedential’ and ‘non-precedential’ value.

Budget Bill

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.

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Budget

Today, as part of its budget announcement the government indicated its plans to amend the Patent Act, Trade-marks Act and Industrial Design Act to provide statutory privilege for confidential communications with agents and permit CIPO to extend deadlines in cases of force majeure. The government also plans to amend the Copyright Act to implement and accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled and to extend the term of protection of sound recordings and performances for an additional 20 years.

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