Thank you for another year with IPPractice. In 2022, I sent out 480,000 emails to over 2200 subscribers. I have included reports on about 180 IP-related decisions and over 330 new IP-proceedings. My top post was announcing the new Patent Rules and the most popular decision was Benjamin Moore & Co. v. Attorney General Of Canada, 2022 FC 923. Happy New Year! Continue reading Happy New Year
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Trademarks
One new and one amended trademark practice notice were published today. A new notice clarifies the practice before CIPO as an Office of Origin when the Registrar of Trademarks is unable to certify an application for international registration (AIR) under the Madrid Protocol or one is withdrawn. An updated notice is directed to exclusionary wording in statements of goods or services.
Copyright
An Order in Council has fixed December 30th as the day on which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 comes into force to extend certain terms of copyright protection from 50 years to 70 years after the life of the author. Continue reading Copyright
TMOB
CIPO has announced a consultation on Trademark Opposition Board procedures, including costs awards, confidentiality and case management. Continue reading TMOB
Appointment
Nathalie Goyette, Partner at Davies Ward Phillips & Vineberg LLP in Montréal, was appointed a Judge of the Federal Court of Appeal. Judicial appointments were also made today in British Columbia, Newfoundland and Labrador, and the Tax Court of Canada.
Associate Judge
An order in council published in today’s Canada Gazette has put into force various amendments to among others, the Judges Act, and the Federal Courts Act to change the title of prothonotaries of the Federal Court and Tax Court of Canada from “prothonotary” to “associate judge”. Continue reading Associate Judge
IPIC AGM
I will be attending the IPIC conference on September 28-30 and speaking on a panel about IP rights for an AI inventor/creator. Let me know if you are attending as it would be great to connect and reconnect in-person. Continue reading IPIC AGM
Patent Life Cycle
I tracked the 42,000 or so patent applications in Canada with a 2001 filing date which all expired by the end of 2021. Only about 17% were still enforceable at expiry but about 30% were in force at the 10 year mark. Overall, about 43% of the original applications (about 18,000) were granted and 118 were litigated in the Federal Court. Continue reading Patent Life Cycle
Closures
The Federal Court and CIPO will be closed on Monday, September 19 for Her Late Majesty’s State Funeral. Both the Federal Court and CIPO will also be closed on September 30 for National Day for Truth and Reconciliation. Continue reading Closures
Online Federal Court documents
The Federal Court has announced a pilot project for online access to court records. For new proceedings in some areas of law, including intellectual property, started on or after September 12, 2022, e-filed pleadings and written arguments, as well as directions/orders will be available online through the docket listings. There will be a 3-day delay before they are available online and materials subject to a confidentiality order will not be available online. Documents can also be obtained through the Court’s Registry.