Here are several news items that may be of interest:
- An Order in Council has indefinitely suspended implementation of the private right of action under CASL, Canada’s anti-spam legislation. The private right of action was scheduled to come into force on July 1, 2017.
- CIPO has advised that it will beginning a series of consultations over the summer on proposed regulatory amendments for Industrial Design Regulations, Trade-marks Regulations, Patent Rules relating to implementation of the Hague Agreement, Madrid Protocol, Singapore Treaty, the Nice Agreement and the Patent Law Treaty.
- Global Affairs Canada has announced consultation on the renegotiation and modernization of the North American Free Trade Agreement (NAFTA). The government invites submissions on a variety of topics including intellectual property.
Continue reading Updates
The NAFTA arbitration tribunal in the Eli Lilly ‘promise doctrine’ proceeding has issued a ruling. Reports are that the tribunal has decided in favour of Canada on the merits. Continue reading NAFTA
Nine entities have filed amicus curiae applications in Eli Lilly’s NAFTA arbitration proceeding relating to the ‘promise doctrine’. The entities include industry associations, and academics.
Continue reading NAFTA Proceeding
A couple of items from last week that may be of interest:
- The U.S. Court of Appeals for the Federal Circuit, in an en banc decision, held in Lexmark v. Impression held that when a product is sold with limitations on re-sale or use restrictions, this restriction prevents exhaustion of patent rights with respect to downstream sales in breach of those restrictions.
- CIPPIC and the Centre for Intellectual Property Policy at McGill University have jointly sought amicus curae status in Eli Lilly’s NAFTA arbitration relating to the ‘promise doctrine’. They have published their application and their submissions.
- “Threading the biosimilar needle: Patent lawyers walk a fine line between dosage regimes and medical treatment“, an article by my colleagues, Geoff Mowatt and Nik Purcell, was published in The Lawyers Weekly.
- My article, “Summary Resolution of Intellectual Property Cases“, was published last week in Slaw. It focuses on the 2009 summary trial and summary judgment amendments to the Federal Courts Rules and their application to IP cases.