Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present Challenges and Opportunities for the Creation and Protection of IP

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In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future: (A) artificial intelligence, (B) the metaverse, (C) non-fungible tokens, and (D) clean technologies.

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The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

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In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.

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Canadian Strategies for New Patent Rule

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Upcoming Changes to Canadian Patent Practice Could Mean Increased Costs. Can you take steps now to mitigate?

As part of the implementation of the patent term adjustment (PTA) obligation in the Canada-United States-Mexico Agreement (“CUSMA”), the Government of Canada proposed a series of amendments to the Canadian Patent Rules to better streamline the patent examination process.

As noted in our earlier blog post, the proposed amendments provided for a request for continued examination requirement and a new notice from the Canadian Intellectual Property Office (“CIPO”) to applicants named a “conditional notice of allowance”, both of which are designed to streamline the patent examination process. 

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Virtual reality: navigating trademark challenges in the metaverse

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Nicolas Charest, Eliane Ellbogen and Simon Hitchens suggest how brand owners can navigate the various challenges they are likely to face when using, protecting and enforcing their trademarks in relation to the metaverse.

Click here to read the complete article on Managing IP.

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Key Takeaways from Ongoing PMPRB Litigation

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UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors and requiring that price and revenue information be reported net of all adjustments. The federal government will proceed with amendments establishing a new basket of comparator countries, with a coming-into-force date of July 1, 2022. For more information, see our Life Sciences Bulletin on the Minister’s announcement.

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This article provides an update on each of these cases and highlights the growing body of jurisprudence questioning the PMPRB’s price control reasoning.

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