Recent Insights

Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products

Regulatory Law
March 25, 2020March 25, 20202020-03-25
Health Canada, the USFDA and their UK and European equivalents are taking steps to streamline approval and change notification processes for medical devices (especially masks and ventilators), COVID-19 diagnostic test kits (of which there are dozens of brands and approaches), and drugs for the prevention, diagnosis and treatment of COVID-19.
Deeth Williams Wall https://www.dww.com/articles/health-canada-takes-steps-to-streamline-access-to-covid19related-therapeutic-products-0

Canadian Intellectual Property Office Extends Deadlines in Response to COVID-19 Outbreak Canadian Intellectual Property Office Extends Deadlines in Response to COVID-19 Outbreak

Intellectual Property
March 25, 2020March 25, 20202020-03-28
On March 27, 2020, the Canadian Intellectual Property Office (the Office) announced that while the Office remains open and in operation (as of March 28, 2020), patent, trademark and industrial design deadlines falling between March 16, 2020 to April 30, 2020 are extended to May 1, 2020 as a result of the COVID-19 outbreak.  The Office noted that a further extension may be granted if warranted by the circumstances.  In addition, the Office has indicated that there may be significant delays in their services at this time.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-extends-deadlines-response-to-covid19-outbreak

Ontario Court Declines to Enforce No-Challenge Patent Clause Ontario Court Declines to Enforce No-Challenge Patent Clause

Intellectual Property
March 25, 2020March 25, 20202020-03-25
On February 3, 2020, in Loops v. Maxill Inc., 2020 ONSC 971, the Ontario Superior Court (the Court) dismissed a motion by Loops, LLC (Loops) for an injunction prohibiting Maxill Canada from challenging the validity of a U.S. patent owned by Loops.  In reaching this decision, the Court declined to enforce a no-challenge clause contained in a settlement agreement between the parties. 
Deeth Williams Wall https://www.dww.com/articles/ontario-court-declines-to-enforce-nochallenge-patent-clause

Federal Court Applies Vavilov in Trademark Appeal Federal Court Applies Vavilov in Trademark Appeal

Trademark
March 25, 2020March 25, 20202020-03-25
On March 12, 2020, the Federal Court of Canada (FC) released its decision in Pentastar Transport Ltd v FCA US LLC, 2020 FC 367.  This case represents the first time the FC has determined the standard of review for decisions of the Registrar of Trademarks since the recent Supreme Court of Canada (SCC) case of Canada (Minister of Citizenship and Immigration) v Vavilov, as previously reported by the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/federal-court-applies-vavilov-trademark-appeal

Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural Designs and Drawings Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural D...

Copyright
March 25, 2020March 25, 20202020-03-25
On February 14, 2020, in 1422986 Ontario Limited v 1833326 Ontario Limited, 2020 ONSC 1041, the Ontario Superior Court of Justice (the Court) determined that copyright in architectural designs and drawings subsist with the original creator, and designs that are substantially similar with only minor and insignificant differences may infringe copyright of the original designs.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-makes-determination-on-copyright-infringement-involving

US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks

Trademark
March 25, 2020March 25, 20202020-03-25
On March 23, 2020, the U.S. Supreme Court was expected to hear arguments as to whether Booking.com can register its domain name, despite the US Patent and Trademark Office’s (USPTO) determination that it is not registrable.
Deeth Williams Wall https://www.dww.com/articles/us-decision-on-a-dotcom-domain-name-may-change-registrability-of-generic-trademarks

Events

February 12, 2020

Richard Austin and Jennifer Davidson will be discussing accountability and risk in third party relationships in a lecture entitled "Where Does Accountability and Risk Lie in 3rd Party Relationships?" at the Council for Chief Privacy Officers on February 12th in Toronto.

February 5, 2020

Jennifer R. Davidson will be co-chairing CAN-TECH’s upcoming event “The Artificial Inventor? A panel discussion on patenting AI-generated inventions with World-Renowned Professor Ryan Abbott” on February 5, 2020.

The program discusses the global developments in recognizing AI as an inventor for patented inventions. Change-maker Professor Ryan Abbott and other AI thought leaders will provide insights about the DABUS test case, the USPTO call for comments, and other international trends.  

February 4, 2020

Jennifer R. Davidson to co-chair the Ontario Bar Association's Institute 2020 program: The Future of Innovation: Fundamental Shifts in IP and IT Law, on February 4, 2020.

The program discusses how robots, drones, artificial intelligence, quantum computing and emerging technologies are changing the legal landscape in the intellectual property and information technology world.

Join Jennifer as she co-chairs a panel of experts on how these emerging technologies are revolutionizing how we obtain, protect and enforce intellectual property and business interests.