CIPO has published proposed changes to the examination procedure for industrial designs which would send final rejections to “a subject matter expert from the policy and legislation group of the Trademarks and Industrial Designs Branch (TIDB) rather than to the Patent Appeal Board.” Continue reading Industrial Designs
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
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.
The Federal Court issued two Practice Notices today:
Bill C-11, the Digital Charter Implementation Act, was introduced today directed to a new privacy regime, including the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and replacing parts of PIPEDA. Key features include a tribunal that can impose significant fines, order-making power by the Privacy Commissioner, disclosure of “automated decision systems”, data mobility and de-identification uses.
Bill C-4 was introduced today to implement the Canada-US-Mexico trade agreement. The IP related changes are substantially the same as those included in Bill C-100 introduced last May. Bill C-4 include a new criminal provisions on trade secrets, trademark changes on importation and in-transit goods, and some changes on copyright term (although not a general extension to life+70).
CIPO posted new and amended practice notices for several aspects of trademark procedures:
- extensions of time in examination – the office will no longer grant extensions of time unless exceptional circumstances are shown;
- filing of divisional applications without a specific e-service;
- transitional provisions for Nice classifications;
- renewal of applications that do not have Nice classifications; and
- temporarily appointing a trademark agent for dealing with Nice classifications.
The long awaited amendments to the Patent Act and Rules came into force today. Hopefully by now, none of my subscribers need a summary of the changes.