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IP News

World Industrial Design Day (WIDD) began in 2007, with a goal to recognize the impact that industrial design has in our every day lives and how it plays an essential role in economic growth.

How Does Brexit Affect Your Intellectual Property?

The historic United Kingdom vote to leave the European Union will have resounding effects, including upon some forms of intellectual property rights. At present there is tremendous uncertainty over what will happen next in the process, but the following is based on preliminary comments that we have received from our UK and European colleagues on the issue.

The most important changes include: (a) goods and services that are currently described using just a category heading (that is, without listing each type of product encompassed by the heading) will be limited to those specific goods identified in the heading unless a broader description is submitted by September 24, 2016; and (b) filing fees will be reduced for applications that cover only one class of goods and service.
Government of Quebec announces in its budget an IP tax incentive that will come into effect on January 1, 2017

By Andrew Kaikai, Student-at law

Ridout & Maybee LLP

On October 5, 2015, 12 countries including Canada signed the final draft of the Trans-Pacific Partnership Agreement ("TPP"). Ratification must occur within two years. Intellectual property was a contentious issue during negotiations, in particular aspects relating to pharmaceuticals, such as patent term extensions, data protection and patent/drug approval "linkage" mechanisms.

Ridout & Maybee LLP is pleased to announce that effective November 2, 2015 the practice of Gowan Intellectual Property merged with Ridout & Maybee LLP. The principal of Gowan Intellectual Property, Gerald Gowan, has joined the Ridout & Maybee team and will be located in our Mississauga office.

By Kenneth Ma

The Patent Prosecution Highway (PPH) pilot program between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (EPO) came into effect on January 6, 2015. The program will last for a period of three years, ending on January 5, 2018. If past history is any guide, the CIPO-EPO PPH program will be extended or made permanent at that time. The program aims to accelerate patent examination for applicants who file in both CIPO and EPO.

By Michael Ionescu

Bill C-59, the Economic Action Plan 2015, No 1, received Royal Assent on June 23, 2015 and has passed into law. The Bill presents amendments which introduce several changes to the Patent Act, Trademarks Act and Industrial Design Act.

The owner of a Canadian trademark registration can now file a Request for Assistance (RFA) application with the Canada Border Services Agency (CBSA), as can the owner of a registered or unregistered copyright.
On December 17, 2014, the Canadian government took initial steps to proceed with the enactment of significant amendments to Canada’s patent and industrial designs laws, as part of an omnibus budget bill. The actual implementation date for these changes has not been set. We will be monitoring the progress of these amendments and will advise as implementation time lines are ascertained.
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.
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 early- to mid-2018.
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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