Innovation, Science and Economic Development Canada, in conjunction with the Canadian Intellectual Property Office (CIPO), have extended the consultation on a proposed governance framework for the IP profession until August 31, 2016. The consultation builds on CIPO’s Modernizing the IP Community report, which resulted in the development of a new statutory protection for confidential communications between IP agents and their clients.
Deeth Williams Wallhttp://www.dww.com/articles/consultation-on-a-governance-framework-for-intellectual-property-agents-extended
On July 5, 2016, Brown J of Canada’s Federal Court allowed a prohibition application by Bayer Inc (Bayer) against Fresenius Kabi Canada Ltd (Fresenius) concerning Fresenius’ generic moxifloxacin hydrochloride (HCl) injection (Bayer’s AVELOX I.V.®) and Bayer’s Canadian Patent No.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-finds-generic%E2%80%99s-noninfringement-allegation-justified-but-grants
On June 30, 2016, in Boaden Catering Limited v Real Food For Real Kids Inc (2016 ONSC 4098), the Ontario Superior Court (ONSC) quashed all claims brought by the plaintiff, Boaden Catering Limited (Boaden), in a summary judgment motion.
Deeth Williams Wallhttp://www.dww.com/articles/ontario-superior-court-quashes-domain-name-passing-off-copyright-and-trademark
In MacNutt v Acadia University (2016 NSSC 160), the Supreme Court of Nova Scotia (the Court) dismissed an application claiming infringement of copyright in the applicant’s architectural concept drawings prepared for Acadia University. The Court found that the applicant’s concept drawings were “distinctly different” from the plans used by the University.
Deeth Williams Wallhttp://www.dww.com/articles/nova-scotia-supreme-court-dismisses-claim-for-copyright-infringement-architectural
On June 23, 2016, in Alexion Pharmaceuticals Inc v Attorney General of Canada, 2016 FC 716, the Federal Court (FC) struck Alexion’s application seeking a declaratory relief that sections 80 to 86 and the words “in any proceeding under section 83” of section 87(1) of the Patent Act, (the impugned provisions) are unconstitutional and ultra vires.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-dismissed-alexion%E2%80%99s-challenge-to-jurisdiction-of-patented-medicine
1. Cancer Immunotherapy Pilot Program
On June 29, 2016, the USPTO launched a Cancer Immunotherapy Pilot Program to accelerate applications pertaining to cancer immunotherapy. The objective of the Pilot Program is to complete the examination of cancer immunotherapy applications within twelve months of special status being granted at no additional fee. The Pilot Program will run for twelve months and is open to both US and international applicants.
Deeth Williams Wallhttp://www.dww.com/articles/uspto-news-launch-of-new-pilot-programs-and-patent-eligibility-guidance
On June 23, 2016, the Guangdong High Court of China (the High Court) released its decision in New Balance Trade (China) Co, Ltd v Zhou Lelun. In this decision, the High Court upheld the lower court’s decision finding the Chinese affiliate of New Balance to be liable for trademark infringement of the registered trademark 新百伦 (Xin Bai Lun)
Deeth Williams Wallhttp://www.dww.com/articles/chinese-high-court-reduces-trademark-infringement-damages-against-new-balance-by-almost-95
Pursuant to the Integrated Accessibility Standards (IAS), a regulation under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the Government of Ontario and the Ontario Legislative Assembly’s internet websites and web contents** are required to be compliant with the level of conformance designated as AA* in the Web Content Accessibility Guidelines (WCAG) 2.0. This compliance standard wil
Deeth Williams Wallhttp://www.dww.com/articles/your-website-aoda-compliant
The United Kingdom (UK) European Union (EU) membership referendum, colloquially referred to as the Brexit referendum, took place on Thursday, June 23, 2016. The UK (consisting of England, Wales, Scotland and Northern Ireland) voted in favour of leaving the EU. In order to do so, however, the UK must trigger Article 50 of The Treaty on European Union., which has yet to happen.
Deeth Williams Wallhttp://www.dww.com/articles/are-eu-having-a-laugh-%E2%80%93-uncertainty-follows-wake-of-brexit
On June 30, 2016, the Government of Canada announced the creation of a task force and a public consultation period to advise regulators about the crafting of new processes to govern access to legalized marijuana.
Deeth Williams Wallhttp://www.dww.com/articles/government-of-canada-launches-task-force-and-public-consultation-for-a-new-system
The Canadian Intellectual Property Office (CIPO) is seeking comments from the public about governance models to administer a proposed draft code of conduct for the Intellectual Property (IP) profession. The consultation seeks to build on the Modernizing the IP Community report, which resulted in statutory protection for confidential communications between intellectual property agents and their clients.
Deeth Williams Wallhttp://www.dww.com/articles/patent-and-trademark-agent-regulatory-framework-consultation
On June 24, 2014, the Patented Medicine Prices Review Board (PMPRB) announced a public consultation initiative in an effort to modernize its Compendium of Policies, Guidelines and Procedures (the Guidelines). The public consultation is the first phase in a process seeking to encourage better accessibility and affordability of patented drugs.
Deeth Williams Wallhttp://www.dww.com/articles/call-for-legal-framework-reform-patented-medicine-prices-review-board-reconsiders-canada%E2%80%99s
On June 24, 2016, statutory provisions concerning patent and trademark agent privilege came into force in Canada (see section 16.1 of the Patent Act and section 51.13 of the Trade-marks Act). As we previously reported in the E-TIPS® Newsletter, these provisions protect confid
Deeth Williams Wallhttp://www.dww.com/articles/canada-now-recognizes-patent-and-trademark-agent-privilege
On June 1, 2016, the Federal Court ordered an interlocutory injunction against the defendants in Bell Canada v 1326030 Ontario Inc, 2016 FC 612, from engaging in a number of activities relating to the distribution of set-top boxes pre-loaded with applications for accessing free online streaming websites.
Deeth Williams Wallhttp://www.dww.com/articles/bell-canada-obtains-interlocutory-injunction-against-defendants-selling-settop-boxes
In a Petition for a Writ of Certiorari, Jericho Systems Corporation (Jericho) petitioned the Supreme Court of the United States for judicial review of a decision of the United States Court of Appeals for the Federal Circuit (CAFC) affirming a
Deeth Williams Wallhttp://www.dww.com/articles/jericho-petitions-us-supreme-court-for-judicial-review-of-patent-eligibility-of-computer
On June 16, 2016 in a unanimous decision, the US Supreme Court in Kirtsaeng v John Wiley & Sons held that lower courts must take into account all the circumstances of a case in their own terms when awarding attorneys’ fees. Section 505 of the US Copyright Act states that a district court may “award a reasonable attorney’s fee to the prevailing party”, without specifying appropriate standards.
Deeth Williams Wallhttp://www.dww.com/articles/us-supreme-court-sets-guidelines-of-%E2%80%98objective-reasonableness%E2%80%99-for-awarding-attorneys%E2%80%99
On June 6, 2016, the Canadian Intellectual Property Office (CIPO) opened consultations on its proposed adjustments to the current trademark and patent fees (see CIPO’s Announcement). The deadline to submit comments is July 5, 2016. The proposed adjustments resulted from Canada’s recent amendments to the Trade-marks Act and Patent Act to implement the Patent Law Treaty, Madrid Protocol, Singapore Treaty and Nice Agreement.
Deeth Williams Wallhttp://www.dww.com/articles/canadian-intellectual-property-office-consults-on-proposed-adjustments-to-patent-and
On June 14, 2016, the Office of the Privacy Commissioner of Canada (OPC) announced it has joined a new international Memorandum of Understanding (MoU) agreement in a fight against unsolicited calls and electronic messages, to further implement its mandate under Canada’s Anti-Spam Legislation.
Deeth Williams Wallhttp://www.dww.com/articles/office-of-privacy-commissioner-of-canada-enters-a-new-international-agreement-a-fight