Intellectual Property Archives - The Angle

Tag Archives: Intellectual Property

Patent Term Adjustment is finally coming to Canada

July 16, 2024 Raphaëlle Nadon and Serge Lapointe, PhD

The Canadian government is proposing modifications to the Patent Rules to finally introduce a Patent Term Adjustment (PTA) system[1]. The PTA will provide an additional term for patents for unreasonable delays in their issuance. The PTA system is an obligation deriving from the Canada-United States-Mexico Agreement (CUSMA) that entered into force on July 1, 2020.

This new PTA system will take effect on January 1, 2025, and it will apply to Canadian patent applications filed on or after December 1, 2020 that have suffered unreasonable delays in their issuance. An unreasonable delay is defined as a delay in issuance of more than five years from the filing date or three years from the examination request date, whichever is later, with certain exclusions.

Canada, Copyrights, Intellectual property, IP Litigation

Blacklock’s Reporter v Canada (Attorney General) and Password Sharing for Research Purposes

June 26, 2024 Allison Hardy and Kiera Boyd

In its decision in 1395804 Ontario Ltd (Blacklock’s Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act’s (“Act”) fair dealing exception for research and made clear that the licit acquisition and valid use of a password does not constitute the circumvention of a technological protection measure (“TPM”). In coming to its decision, the Court considered three main issues: rectification, fair dealing, and technological protection measures. The Court also relied heavily on a previous case, 1395804 Ontario Ltd, Operating as Blacklock’s Reporter v AGC (“Department of Finance”), in which the same plaintiff, Blacklock, similarly alleged copyright infringement against another federal department.

Canada, Copyrights, Intellectual property

Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292 and the Voluntary Copyright Tariff Regime

April 26, 2024 Aidan O'Neill, Alessandra Puopolo, Alexandra Logvin and Kiera Boyd

The Federal Court recently released its decision in Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292, in which the Court confirmed that Copyright Board-approved tariffs are voluntary for users, upheld the statutory nature of copyright law, and affirmed freedom of speech protections afforded by parliamentary privilege. Continue reading to learn more about the importance of this Federal Court decision which followed the clear path laid out by the Supreme Court of Canada in its relatively recent copyright law jurisprudence.

Analysis

IP Protection in the Artemis Era: Will Rights be Lost in Space?

September 28, 2022 Jean-Philippe Mikus and David McLauchlan

One clear objective of Nasa’s Artemis missions is to bring about a permanent presence on the Moon that will include commercial and industrial projects. The potential for commercial and industrial activity on the moon is well-known. The range is vast, including the extraction of oxygen from lunar debris (regolith), solar farming, the extraction of hydrogen and water, the extraction of minerals (including critical minerals) and their use as building materials. Activities on the moon are seen as key to paving the way to human presence on Mars, including by having certain resources already present on the moon to facilitate their use and transport at a lesser cost to Mars.

Analysis

Trademark Protection within Blockchain Domains

July 15, 2022 Anne-Sophie Godbout, Nicolas Charest and Alexandra Lemelin

Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it becomes essential to protect the intellectual property rights of companies preventively within the blockchain ecosystem.