Tag Archives: Read More

CETA

The final regulations for implementing CETA in Canada were published today in a special edition of the Canada Gazette. As compared to the proposed regulations published earlier this summer, the final versions the IP related regulations are very similar, with no changes to the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations, 2017, two changes to the Certificate of Supplementary Protection Regulations and no changes to Rules Amending the Patent Rules. As reported yesterday, the changes come into force September 21, 2017. Continue reading CETA

Top Patentees 2016

In 2016, approximately 26,400 patents were granted by the Canadian Patent Office, up significantly from the approximately 21,900 granted in 2015. BlackBerry was again the top recipient of patents, with over twice the patents obtained as any other applicant. The remaining applicants in the top-five were The Boeing Company, Halliburton Energy Services, Qualcomm and Schlumberger Canada. Continue reading Top Patentees 2016

CETA Proposed Regulations

Proposed amendments to overhaul the patent linkage regime and add certificates of supplementary protection were published today in the Canada Gazette, Part 1. Amendments to the Patented Medicines (Notice of Compliance) Regulations will replace the current summary procedures with full actions including rights of appeal. New Certificate of Supplementary Regulations are proposed to provide for up to two years of additional exclusivity based on the time to obtain a notice of compliance for a drug containing a new medicinal ingredient or combination of medicinal ingredients.  A number of other proposed regulatory amendments relating to CETA were also published. There is a 15-day consultation period.

Continue reading CETA Proposed Regulations

Forum Selection Clauses

The Supreme Court of Canada issued its decision today in Douez v. Facebook, Inc., in which the majority, in a split decision, allowed the appeal and held that the forum selection clause should not be enforced. The plaintiff sought certification for a class action against Facebook alleging the company used her name and likeness without consent for the purposes of advertising, contrary to BC’s Privacy Act. A forum selection clause in the terms of use required disputes to be resolved in California under California law.

Also today, the Supreme Court announced it would release its decision next week in Google Inc. v. Equustek Solutions Inc. et al. on extraterritorial injunctions. Continue reading Forum Selection Clauses