Consultation on a Governance Framework for Intellectual Property Agents Extended Consultation on a Governance Framework for Intellectual Property Agents Extended

Intellectual Property
August 10, 2016August 10, 20162016-08-10
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 Wall http://www.dww.com/articles/consultation-on-a-governance-framework-for-intellectual-property-agents-extended

Canada’s Federal Court Finds Generic’s Non-Infringement Allegation Justified but Grants Prohibition Order Due to Defective Notice of Allegation Canada’s Federal Court Finds Generic’s Non-Infringement Allegation Justified but Grants Prohibition Order...

Pharmaceutical Patent Litigation
July 27, 2016July 27, 20162016-07-27
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 Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-finds-generic%E2%80%99s-noninfringement-allegation-justified-but-grants

Ontario Superior Court Quashes Domain Name, Passing Off, Copyright, and Trademark Infringement Claims in Boaden Catering v. Real Food for Real Kids Ontario Superior Court Quashes Domain Name, Passing Off, Copyright, and Trademark Infringement Claims in ...

Trademark and Copyright Litigation
July 27, 2016July 27, 20162016-07-27
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 Wall http://www.dww.com/articles/ontario-superior-court-quashes-domain-name-passing-off-copyright-and-trademark

Nova Scotia Supreme Court Dismisses Claim for Copyright Infringement in Architectural Drawings Nova Scotia Supreme Court Dismisses Claim for Copyright Infringement in Architectural Drawings

Copyright
July 27, 2016July 27, 20162016-10-13
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 Wall http://www.dww.com/articles/nova-scotia-supreme-court-dismisses-claim-for-copyright-infringement-architectural

Canada’s Federal Court Dismissed Alexion’s Challenge to the Jurisdiction of Patented Medicine Prices Review Board Canada’s Federal Court Dismissed Alexion’s Challenge to the Jurisdiction of Patented Medicine Prices Revi...

Pharmaceutical Patent Litigation
July 27, 2016July 27, 20162016-07-27
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 Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-dismissed-alexion%E2%80%99s-challenge-to-jurisdiction-of-patented-medicine

USPTO News: Launch of New Pilot Programs and Patent Eligibility Guidance USPTO News: Launch of New Pilot Programs and Patent Eligibility Guidance

Patent
July 27, 2016July 27, 20162016-07-27
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 Wall http://www.dww.com/articles/uspto-news-launch-of-new-pilot-programs-and-patent-eligibility-guidance

Chinese High Court Reduces Trademark Infringement Damages against New Balance by Almost 95% on Appeal Chinese High Court Reduces Trademark Infringement Damages against New Balance by Almost 95% on Appeal

Trademark
July 27, 2016July 27, 20162016-07-27
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 Wall http://www.dww.com/articles/chinese-high-court-reduces-trademark-infringement-damages-against-new-balance-by-almost-95

Is Your Website AODA Compliant? Is Your Website AODA Compliant?

Information Technology
July 13, 2016July 13, 20162016-07-13
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 Wall http://www.dww.com/articles/your-website-aoda-compliant

Are EU Having a Laugh – Uncertainty Follows in the Wake of Brexit Are EU Having a Laugh – Uncertainty Follows in the Wake of Brexit

Information Technology
July 13, 2016July 13, 20162016-07-13
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 Wall http://www.dww.com/articles/are-eu-having-a-laugh-%E2%80%93-uncertainty-follows-wake-of-brexit

Government of Canada Launches Task Force and Public Consultation for a New System Governing Access to Legalized Marijuana Government of Canada Launches Task Force and Public Consultation for a New System Governing Access to Leg...

Food and Drug
July 13, 2016July 13, 20162016-07-13
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 Wall http://www.dww.com/articles/government-of-canada-launches-task-force-and-public-consultation-for-a-new-system

Bill C-11 Receives Royal Assent, Facilitating Access to Copyrighted Works for Persons with Perceptual Disabilities Bill C-11 Receives Royal Assent, Facilitating Access to Copyrighted Works for Persons with Perceptual Dis...

Copyright
July 13, 2016July 13, 20162016-07-13
Bill C-11, entitled an Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), received royal assent on June 22, 2016. 
Deeth Williams Wall http://www.dww.com/articles/bill-c11-receives-royal-assent-facilitating-access-to-copyrighted-works-for-persons

Patent and Trademark Agent Regulatory Framework Consultation Patent and Trademark Agent Regulatory Framework Consultation

Regulatory Law
July 13, 2016July 13, 20162016-07-13
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 Wall http://www.dww.com/articles/patent-and-trademark-agent-regulatory-framework-consultation

Call for Legal Framework Reform: Patented Medicine Prices Review Board Reconsiders Canada’s Drug Pricing Guidelines Call for Legal Framework Reform: Patented Medicine Prices Review Board Reconsiders Canada’s Drug Pricing ...

Intellectual Property
July 13, 2016July 13, 20162016-07-13
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 Wall http://www.dww.com/articles/call-for-legal-framework-reform-patented-medicine-prices-review-board-reconsiders-canada%E2%80%99s

Canada Now Recognizes Patent and Trademark Agent Privilege Canada Now Recognizes Patent and Trademark Agent Privilege

Intellectual Property
June 29, 2016June 29, 20162016-06-29
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 Wall http://www.dww.com/articles/canada-now-recognizes-patent-and-trademark-agent-privilege

The US Supreme Court Upholds Federal Circuit’s Decision in Cuozzo The US Supreme Court Upholds Federal Circuit’s Decision in Cuozzo

Patent
June 29, 2016June 29, 20162016-06-29
On June 20, 2016, the United States Supreme Court (the Court) issued its opinion in Cuozzo Speed Technologies, LLC v Lee (No.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-upholds-federal-circuit%E2%80%99s-decision-cuozzo

Bell Canada Obtains Interlocutory Injunction Against Defendants Selling Set-top Boxes Bell Canada Obtains Interlocutory Injunction Against Defendants Selling Set-top Boxes

Copyright
June 29, 2016June 29, 20162016-07-12
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 Wall http://www.dww.com/articles/bell-canada-obtains-interlocutory-injunction-against-defendants-selling-settop-boxes

Jericho Petitions US Supreme Court for Judicial Review of Patent Eligibility of Computer Implemented Method Jericho Petitions US Supreme Court for Judicial Review of Patent Eligibility of Computer Implemented Meth...

Patent
June 29, 2016June 29, 20162016-06-29
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 Wall http://www.dww.com/articles/jericho-petitions-us-supreme-court-for-judicial-review-of-patent-eligibility-of-computer

US Supreme Court Sets Guidelines of ‘Objective Reasonableness’ for Awarding Attorneys’ Fees in Copyright Infringement Cases US Supreme Court Sets Guidelines of ‘Objective Reasonableness’ for Awarding Attorneys’ Fees in Copyright ...

Copyright
June 29, 2016June 29, 20162016-06-29
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 Wall http://www.dww.com/articles/us-supreme-court-sets-guidelines-of-%E2%80%98objective-reasonableness%E2%80%99-for-awarding-attorneys%E2%80%99

Canadian Intellectual Property Office Consults on Proposed Adjustments to Patent and Trademark Fees Canadian Intellectual Property Office Consults on Proposed Adjustments to Patent and Trademark Fees

Intellectual Property
June 29, 2016June 29, 20162016-06-29
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 Wall http://www.dww.com/articles/canadian-intellectual-property-office-consults-on-proposed-adjustments-to-patent-and

The Office of the Privacy Commissioner of Canada Enters a New International Agreement in a Fight Against Spam and Unsolicited Messages The Office of the Privacy Commissioner of Canada Enters a New International Agreement in a Fight Against ...

Privacy
June 29, 2016June 29, 20162016-06-29
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 Wall http://www.dww.com/articles/office-of-privacy-commissioner-of-canada-enters-a-new-international-agreement-a-fight