Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations have been published for consultation in the Canada Gazette to expand the definition of a “claim for medicinial ingredient” to include salts so that “the scope of protection under the Regulations corresponds to the type of activities contemplated under the proposed amendments to the [Food and Drug Regulations]”. Continue reading PM(NOC)
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Copyright
The government has launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments until May 31. The consultation includes issues of intermediaries’ safe harbour protections against liability for copyright infringement, how intermediaries’ knowledge of infringement and content-related activities affect their liability as well as their attendant obligations, remuneration of rights holders through collective licensing of their copyright-protected content on certain platforms, transparency in rights holders’ remuneration and online uses of their content; and rights holders’ enforcement tools against intermediaries, including by way of a statutory “website-blocking” and “de-indexing” regime. Continue reading Copyright
Federal Courts
Proposed amendments to the Federal Courts Rules were published in the Canada Gazette for consultation for 60 days. The amendments are in three parts: enforcement of orders, limited scope representation, and proportionality/abuse of process and FCA motions. Among the changes, Rule 3 would be amended to “These Rules shall be interpreted and applied (a) so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits outcome of every proceeding; and (b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.” Continue reading Federal Courts
Federal Court
Lobat Sadrehashemi, Senior Counsel and Clinic Lead at the Immigration and Refugee Legal Clinic in Vancouver, was appointed a Judge of the Federal Court today. Justice Sadrehashemi replaces Justice Boswell, who retired earlier this year. Continue reading Federal Court
Agent Renewals
Just a reminder that patent and trademark agent renewals are due by March 31st. The coming-into-force date for the College of Patent Agents and Trademark Agents is expected to be “spring of 2021” and any fees after that date will need to go to the new College. Continue reading Agent Renewals
College
Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
Federal Court
Angela Furlanetto, Prothonotary of the Federal Court in Toronto, was appointed today as a Judge of the Federal Court. She replaces Mr. Justice P.B. Annis, who elected to become a supernumerary judge effective June 18, 2020. Continue reading Federal Court
Copyright
A private members bill, S-225, “An Act to amend the Copyright Act (remuneration for journalistic works)” was introduced today: “If a journalistic work … is reproduced or published on a digital platform that is owned or controlled by a designated digital platform provider, the Canadian journalism organization that owns the copyright in that journalistic work is entitled to remuneration.” Continue reading Copyright
Copyright Term
The government has announced a consultation “to consider whether to adopt accompanying measures to mitigate the potential implications” of extending the general term of copyright from 50 to 70 years after the life of the author as required by the Canada-United States-Mexico Agreement (CUSMA). Potential measures include an expanded orphaned works regime or an out-of-commerce regime.
Happy New Year!
Here’s hoping that 2021 is more normal! Thanks for another year with IPPractice. 450,000 emails sent to over 1800 subscribers with reports on over 150 IP-related decisions and 300 new proceedings.
Continue reading Happy New Year!