E-TIPS

The Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) recently agreed to establish a new cooperative initiative called the Patent Prosecution Highway (PPH) on a one-year trial basis beginning in early 2008. The PPH will serve to fast-track patent applications in one country when a patent has been granted in another.

On December 3, 2007, the Supreme Court of Canada dismissed an application brought by Novopharm for leave to appeal the ruling in Novopharm Limited v Janssen-Ortho Inc 2007 FCA 217 (see the E-TIPS® article, "Justice Hughes' List of Obviousness Factors Confirmed by the Federal Court Of Appeal", Vol 6, No 2, July 18, 2007).

On December 13, 2007, the Therapeutics Products Directorate (TPD) of Health Canada released its final publication of the Guidance Document: Patented Medicines (Notice of Compliance) Regulations (Guidance). The Guidance outlines the roles and responsibilities of first persons (brand manufacturers), second persons (generic manufacturers) and the TPD's Offices of Patented Medicines and Liaison (OPML) under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations), some of which are highlighted below. Responsibilities of First Persons T

Bill C-27, introduced by Justice Minister Nicholson on November 21, 2007, would create new criminal offences for dealing with identity information of other people where the information might be used to commit a crime. It also makes it a crime to possess or sell actual or purported government identity documents, such as health insurance cards. Once enacted, this Bill will take precedence over the much less ambitious Private Member’s Bill C-299, which was just passed by the House of Commons on October 16, 2007.

Louis-René Haché of Montreal made history a few weeks ago by being the first person to be charged under Canada's new anti-camcording law (section 432 of the Criminal Code).

In July, 2007, the French Minister of Culture and Communication appointed an independent commission (the Olivennes Commission) led by Denis Olivennes to study ways of combating illegal downloading and the development of legal musical, audiovisual and cinematographic works. On November 23, 2007, the Olivennes Commission presented its report, entitled "Le développement et la protection des oeuvres culturelles sur les nouveaux réseaux".

The Education and Labor Committee of the US House of Representatives has approved draft legislation linking federal financial aid for higher education institutions with anti-piracy initiatives. The majority of the provisions in the College Opportunity and Affordability Act of 2007(Bill HR 4137) (Bill) are aimed at increasing access to higher education.

Chapter 17 of the Canadian Manual of Patent Office Practice (MOPOP), a guide on the procedures and practices relating to the prosecution of patent applications in Canada, has been amended. CIPO is seeking comments and has made the new chapter available for review until January 25, 2008.

The Business Software Alliance (BSA) has come under fire recently for its tactics in enforcing the software licenses of its members. The most recent criticism was triggered by an analysis by The Associated Press and stems from a BSA practice of targeting small businesses alleged to be using unlicensed software, and making threats of large fines in order to encourage settlement payments.

On November 28 2007, Jim Prentice, the federal Minister of Industry, released details of the proposed auction of advanced wireless services (AWS) spectrum to be held on May 27, 2008.

On November 15, 2007, the Federal Court released its decision on a motion brought by the Applicant in Purdue Pharma v Pharmascience Inc et al (2007 FC 1196) to have its Notice of Compliance (NOC) proceeding specially managed and, more importantly, to have the order in which evidence was filed by the parties reversed. The motion was brought based on the recent informal discussions that have taken place between members of the Court and members of the Bar regarding this issue.

Library and Archives Canada has released a draft consultation version of its Canadian Digital Information Strategy (CDIS). Prepared in a style familiar to business strategy consultants, it is very broad in its scope – examining the range of interests involved in the mushrooming digital society of the 21st Century. To quote the proposed “Vision” of the CDIS:

On October 24, 2007, the Law Lords released their decision in Yeda Research and Development Company Limited v Rhone Poulenc Rorer International Holdings Inc et al [2007] UKHL 43, redefining the requirements to establish claims to entitlement to a patent flowing from the facts surrounding the inventorship and contribution to the invention. In so doing, the five Law Lords unanimously overruled a 2005 judgment of the English Court of Appeal (Markem Corp v Zipher Ltd [2005] RPC 31).

On September 28, 2006, in response to several studies that found the price of prescription drugs to be high in Canada when compared with other countries, the Canadian Competition Bureau (Bureau) undertook an investigation of the generic drug sector.

An investigation by a leading UK newspaper has found that a significant number of public sector employees (at government departments, police forces, and municipal councils) have been fired or otherwise disciplined for misusing the Internet or e-mail while at work.

Less than a year after rejecting the proposition, the Canadian Radio-television and Telecommunications Commission (CRTC) has decided to revisit a subscriber fee proposed by over-the-air television stations (OTAs) for the carriage of their signals by broadcaster distribution undertakings, such as cable and satellite.

British Prime Minister Gordon Brown outlined a number of anti-terrorism measures during a speech delivered in Parliament on November 14, 2007. In the speech he highlighted the need to "challenge extremist propaganda" on the internet, calling on Internet companies:

The recent Speech from the Throne, outlining the Canadian Government’s legislative plans for the next Parliamentary Session, included a reference to copyright reform. This has sparked speculation that the federal government will seek amendments to Canada’s Copyright Act that resemble US copyright protections.

In January 2007, TJX Companies Inc (TJX) announced that its computer systems had been breached on several occasions dating back to 2005. In March 2007, TJX estimated that 45 million consumer credit and debit accounts were compromised. TJX wholly owns Winners Merchant International LP, which owns and operates Winners and HomeSense stores in Canada.

On October 23, 2007, the Federal Court released its decision in Altana Pharma Inc v Canada (Health) 2007 FC 1095, setting limits on the number of expert witnesses permitted in a case without prior approval from the Court.