As of today, I am now a partner at DLA Piper (Canada) LLP to continue my intellectual property practice as part of Dimock Stratton’s combination with DLA Piper. Update your contact lists!
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DLA Piper
I am excited to announce that I, along with six of the other partners of Dimock Stratton LLP, are combining with DLA Piper (Canada) LLP, effective November 1, 2016. We will be combining our practices with the multi-jurisdictional reach and network of DLA Piper’s global platform.
Standard of Review
In an appeal from a prothonotary decision relating to inventor examinations, a five-member panel of the Federal Court of Appeal held that the court “should abandon the Aqua-Gem standard and adopt the one set out in Housen” for appeals from discretionary decisions of prothonotaries.
Intervenor Promise
The Supreme Court of Canada granted intervenor status on the six motions to intervene in the ‘promise doctrine’ proceeding: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy (CIPP); the Canadian Generic Pharmaceutical Association (CGPA); the Fédération internationale des conseils en propriété intellectuelle (FICPI); the Intellectual Property Owners Association (IPO) and the Intellectual Property Institute of Canada (IPIC). See my earlier post on the intervenors and their materials. Continue reading Intervenor Promise
Intervenor Promise
The Supreme Court of Canada will be hearing AstraZeneca Canada Inc. v. Apotex Inc. on November 8, 2016 on the promised utility doctrine. Several intervenors have now filed materials on the promise doctrine: Intellectual Property Institute of Canada (IPIC), International Federation of Intellectual Property Attorneys (FICPI), Innovative Medicines Canada, BioteCanada, Intellectual Property Owners Association (IPO), Centre for Intellectual Property Policy (CIPP) and Canadian Generic Pharmaceutical Association (CGPA).
Marrakesh
Bill C-11 received royal asset yesterday. The Bill, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), implements provisions of the Marrakesh Treaty. Continue reading Marrakesh
Agent Privilege
Starting tomorrow, patent and trademark agents can claim privilege analogous to solicitor-client privilege for communications between the agent and their client, that is intended to be confidential and is made for the purpose of seeking or giving advice relating to the protection of inventions or trademarks. Continue reading Agent Privilege
Judicial Appointments
Judges were appointed today to the courts in Alberta, Ontario, BC and Quebec and to the Federal Court of Appeal. Justice Judith M. Woods, formerly a judge of the Tax Court was appointed to the Federal Court of Appeal.
CIPO Fees
CIPO has opened consultations on proposed fees for various steps under upcoming amended Patent and Trademark rules. These steps include fees per Nice Classifications and renewal fees for trademarks and correction, after-allowance amendments and late fees for patents. The consultation is open until July 5, 2016.
Patents and Competition
My recent column on the Canadian Competition Bureau’s new Intellectual Property Enforcement Guidelines, patent pooling, PAEs and standard-essential-patents as applied to tech patents, was published earlier this month.