Amendments to the Trade-mark Act and Patent Act, Patent Rules and Trademark Regulations are being made as of November 5, 2018 to amend the procedures on CIPO holidays and force majeure events, and as of June 2018 to patent reinstatements .
The amended Industrial Design Act and Regulations will come into force November 5, 2018 to implement the Hague Agreement. These changes were first introduced in 2014 as part of budget legislation.
As part of implementation of the Hague Agreement Concerning the International Registration of Industrial Designs, CIPO has published a proposed amended Industrial Design Office Practice Manual (IDOP) for consultation. The Practice Notice indicates that the consultation is open until June 29th with a view to the regulations coming into force date in late 2018.
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.
CIPO announced today that it has allocated patent application number 3,000,000. This is the one-millionth ‘New Act’ patent application.
The first Certificate of Supplementary Protection has issued, providing two years of protection. Twelve applications for certificates of supplementary protection have been filed since the regulations came into force in September 2017. Continue reading Certificate of Supplementary Protection
Kathleen Marie Ring has been appointed as a Prothonotary of the Federal Court. She replaces Justice Lafrenière, who was appointed a judge of the Federal Court in June.
Due to changes with the Federal Court and Federal Court of Appeal websites to restricted automated access, there are still no updates on watched files. Today’s IPPractice daily email contains a list of all new proceedings from last week, as well as today.
There are no new proceeding reports or updates on watched files due to changes with the Federal Court website. Continue reading Proceedings
Proposed “Regulations Amending the Patented Medicines Regulations” have been published in the Canada Gazette for a 75 day consultation. According to the Regulatory Impact Analysis Statement, “This proposal would amend the Patented Medicines Regulations (“Regulations”) so that the PMPRB’s regulatory framework includes new price regulatory factors and patentee price information reporting requirements that will help the PMPRB to protect Canadian consumers from excessive prices.”