A recent attempt to amend Canada’s Copyright Act has stirred controversy between policy makers and stakeholders. The copyright provisions of Bill C-36 would amend a provision of the Act relating to the term of copyright for unpublished works of deceased authors whose death occurred between 1930 and 1950. Unusually, the proposed copyright amendments were included in an unrelated bill to merge the National Archives with the National Library of Canada. | MORE

The Federal Court of Canada (Trial Division) has recently allowed what may be Canada’s first Markman-style claim interpretation hearing. In his May 28, 2003 decision in Realsearch Inc. v. Valone Kone Brunette Ltd., Mr. Justice Noël granted a motion to hold a separate determination of the issue of claim construction before the trial of the main action on patent infringement. The case related to mechanical devices for removing bark from logs. The applicant sought a preliminary determination of the meaning of two specific and technical phrases in the claims. | MORE

A committee of the European Union (EU) recently reported on its review of a proposed directive concerning the patentability of software-related inventions. According to the report, its general aim is to “counter any extension of the scope of patent protection for software while resisting the call to exclude patent protection altogether”, in response to the liberalizing trend of the European Patent Office (“EPO”). | MORE

The European Union has recently announced that it will allocate 140 million euros (about $216 million CAD) this year to study the feasibility of issuing and maintaining biometric passports and visas, among other immigration-related issues. Intended to stop fraud and counterfeit activities, the measures would see computer chips with digital fingerprints and eye scans implanted in all new European passports and visas. | MORE

Where there is an existing provincial court action over the same patent, a concurrent Federal Court action may not be stayed if patent validity may be an issue and the patent holder does not consent to the expungement of the patent registration in the event that the alleged infringer establishes invalidity in the provincial trial. | MORE

A recent Federal Court of Canada case may provide insight into requirements for establishing the chain of title for a patent. The Plaintiff, Depalma, was ordered to provide further particulars of the foreign statute or principle of law relied on to support the allegation that, upon the dissolution of a corporation, its patents devolve to the shareholders of the dissolved corporation. | MORE

Bauer Nike Hockey Inc. (“Bauer”) commenced an action in the Federal Court of Canada against Tour Hockey and Roller Derby Skate Corp. (“Tour and Roller”), alleging an infringement of one of Bauer’s trade-marks. In August 2002, Tour and Roller sent a “without prejudice” letter to Bauer stating that they were willing to admit to infringement and pay damages of CDN $2500, with each party bearing its own costs. | MORE

The United States Court of Appeals for the Ninth Circuit recently ruled that a listserv moderator and operator of a website is able to benefit from the
immunity-from-liability provisions of section 230 of the Communications Decency Act, 47 USC §230. Section 230 specifies that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” | MORE

In May, 2003, the United States, joined by Canada and Argentina, brought a complaint to the World Trade Organization (“WTO”) regarding European Union (“EU”) restrictions on the import of genetically modified products. | MORE