The new Canadian Trademarks Act and Rules come into force in Canada on June 17, 2019. The following is a highlight of changes in the law coming into force (CIF). The filing basis for applications has been eliminated. Accordingly there is no longer the need to specify the basis for filing of: a) a date of first use, b) intent to use, or c) on a foreign application/registration with use abroad. We believe the absence of this requirement at the...
The Canadian Government has recently released the date that the changes to the Trade-Mark Act will be implemented. These changes are expected to come into force on June 17th, 2019. A few of the many changes include: Simplified trademark applications New and pending applications will no longer require a declaration of use There will be a broader definition of a mark to include colour, textures, etc.. The implementation of the classification of goods and services in accordance with the Nice Agreement For...
On October 29th Bill C-86, purposing changes to the Patents Act and Trade-marks Act, was tabled in the House of Commons. Some of the purposed changes to the Patent Act include: Providing rights to the Governor in Council to regulate standard essential patents (patents related to technology that needs to comply with technical/industry standards) Changes to the definition of Prior Use Adding provisions for protection from infringement for experimentation, granting it is not for commercial use Some of the purposed changes to...
As of today, November 5, 2018, the changes the Industrial Design Act and Rules have come into force bringing the Industrial Design Act and Rules into alignment with the Hague System. The Hague System enables design patents to be filed and managed in multiple countries via one application. Some key changes to note are the following: Greater flexibility when filing divisional applications Increased terms of protection (a minimum of 10 years protection up to 15 years of protection) A wider...
On September 30th, Canada, the U.S. and Mexico reached an agreement in regards to the renegotiation of the North American Free Trade Agreement (NAFTA). The new United States-Mexico-Canada Agreement (USMCA) will have the following influence on Intellectual Property: The term of protection for new innovative drug products containing a medicinal ingredient not yet approved in Canada will increase to 10 years (from 8 years). The USMCA will allow for the term of a patent to be adjusted based on...
The firm congratulates Ms. Roshni Rasheed for passing on her first sitting the 2018 Canadian Patent Agent Examination. Ms. Rasheed is now a Registered Canadian Patent Agent as well as being a Registered Indian Patent Agent.
The firm congratulates Mr. Peng Li on passing the 2018 Canadian Patent Agent Examination. Mr. Li is now a Registered Canadian Patent Agent. He is also a Chinese Patent Agent.
On June 28th the Canadian government published the new Industrial Design Regulations which are expected to come into force on November 5, 2018. These new regulations are to help modernize the industrial design process and bring it into agreement with the Hague Agreement. ~Friday, June 29, 2018~ • • • • • • • • • • The Canadian Intellectual Property Office (CIPO) has recently announced changes to its Industrial Design practices to modernize and improve client services and administration. The six changes include the following: - Computer-generated animated designs will be considered as...
Businesses invest substantial resources in planning. Whether such planning is the development of an initial business plan for a startup organization or a scope of work for the next big project in a mature business, planning is key to success. However, when it comes to intellectual property (IP) and its protection within an organization, there may not be a developed plan or perhaps there is no plan at all. Often, businesses will seek an IP advisor only once when an...
A business corporation may not have the resources to hire in-house one or more corporate patent or trademark agents to meet their patent needs, but may still require the cost effective value that an in-house patent/trademark agent brings to a business' strategic plan. In such instances a virtual in-house corporate agent can be contracted to perform this role, or to support one or more existing in-house patent and/or trademark agents as a member of the in-house team. This is a...
