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In preparation for Canada’s upcoming adherence to the Madrid Protocol and Singapore Treaty (together, the main system for registering trademarks in multiple jurisdictions), substantial amendments to the Trademarks Act were passed into law in June 2014 (“2014 Amendments”). The new regime will come into effect when the Canadian Intellectual Property Office (“CIPO”) has prepared the supporting regulations and practice notices, which is expected to occur by late-2015 or early-2016.
The findings of the application judge demonstrates the Court’s understanding of the implications of conducting business abroad from Canada, the interplay of domestic and international laws and provides a sensible commercial result as between the parties that supports the intention of Parliament in enacting the Patent Act.
A granted patent gives its owner the right to recover damages when others implement the patented technology. However, the decision to begin building a patent portfolio is sometimes difficult to justify, as the initial investment in time and money can be hefty.
The Canadian government made a big bang on Canada Day...only not with fireworks. The Canadian Anti-spam Legislation, or CASL, came into force on July 1, 2014, and it has many scrambling to figure out ways to comply with the legislation. One of the main problems is that it’s broadly worded, arguably clutching within its grasp much more than what the public would traditionally perceive to be “spam”. By: Steve K. S. Hundal
On January 27, 2014, five multilateral treaties pertaining to patents, trade-marks and industrial designs were tabled before the Canadian Parliament, thus beginning the process of ratifying and implementing these treaties. The effects could be far- reaching. No official explanation has been offered for the government’s movement on these five treaties but it is speculated that ratification of these treaties is a condition of Canada’s acceptance into the Canada – EU Trade Agreement and/or the Trans-Pacific Partnership. None of these treaties are new; they have all been discussed in Canada, inside and outside of government, for many years. If these five treaties are ratified, many of the changes will be procedural in nature, thereby primarily affecting IP practitioners. However, some provisions of the treaties will have broader implications and will affect IP owners. The treaties, and their possible implications, are summarized below.
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