Call for Nominations
The National Intellectual Property Section is seeking nominations for Treasurer and at least 3 Executive Members for the term 1 September 2015 to 31 August 2016.
For further details, please see the full Call for Nominations.
Town Hall Meeting (morning) - Fairmont Chateau Laurier: The 7th annual forum on IP litigation reform, hosted by CBA, allows members of the bench and bar to engage in an open discussion of possible procedural reform in a “town hall” format.
PD Program (afternoon) - Fairmont Chateau Laurier: Following 2014’s success, the IP Debates will be returning. Again this year, speakers will face off against each other on a variety of interesting issues facing IP litigators today.
Judges Dinner (evening) - Canadian Museum of History: The evening pays tribute to retiring members of the Federal Courts and the intellectual property bar who have made significant contributions to intellectual property law in Canada. This is a unique opportunity for junior and senior members of the bar to meet and mingle socially with judges of the Federal Court of Appeal and Federal Court. Pictures of the 2014 gala event can be viewed on the CBA Flickr page.
Details and Registration
Message from the Editor
This edition of the e-newsletter summarizes 27 orders in intellectual property cases issued by the Federal Court and Federal Court of Appeal between October 1 and December 31, 2014.
Our thanks to the reviewers including Alan Macek, Andrea Pitts, Terrence Zheng, Bria M. Brown, Cheryl Cheung, Philip Goldbach, Ruth M. Corbin, Katie L. Wei, Andrea Rush, Kathryn May, Cindy Bélanger, Rosamaria Longo, Beatrice Sze, Shaun B. Cody, Christopher Heer, Kiernan A. Murphy, David Wood, Peter W. Choe, Greg Beach, Pablo Tseng, John Lucas, Etienne de Villiers, and Ken Clark.
If you become aware of a decision issued by either court in the period that is not reviewed please advise us and we will include it in the next quarter. The next edition of the case summary service will be covering cases for the period of January 1 to March 31, 2015.
Chair, Newsletter Committee, National Intellectual Property Section
Borden Ladner Gervais LLP
Direct dial: 613-369-4783
Call for Expressions of Interest - IP Users Group
The National Intellectual Property Section is seeking expressions of interest for a position on the IP Users Group for a three year term. The IP Users Group is a committee of the Federal Court comprised of members of the Court, the CBA’s National Intellectual Property Section and the Intellectual Property Institute of Canada. Objectives of the group are to create a competitive, competent and cost effective Federal Court, with a consensus on ways to improve IP litigation.
Members are expected to attend group meetings and report back to the Section Executive Committee in writing. Meetings are held two or three times each year and may take place in Toronto, Ottawa or Montreal (currently there is no funding for these meetings). The new member will need to plan to attend the next meeting in Ottawa on May 28.
Candidates must be Section members and have at least eight years significant involvement in the area of Federal Court IP litigation practice. Nominations must be received before Thursday, May 1, 2015 c/o Inika Anderson. Please include a short summary (no more than 250 words) outlining your qualifications and interest.
Winner of 2015 Law School Essay Competition
Congratulations Pradeepan! Pradeepan Sarma of McGill University, Faculty of Law, is the winner of the 2015 CBA National Intellectual Property Law School Essay Competition for his paper entitled, “Aereo Dynamics: ‘User Rights’ and the Future of Internet Retransmission in Canada”. Pradeepan will be recognized for his work at the IP Debates during IP Day in Ottawa.
Read the winning paper
Top 5 IP issues of 2014
The last year has been a busy one for IP lawyers – from advising on new anti-spam legislation to observing passage of a new Combatting Counterfeiting bill. Toronto lawyer Mala Joshi takes us through the currents of change in 2014.
Top 5 IP trends to watch for in 2015
Toronto lawyer Mala Joshi lets us know what to watch for in the year ahead.
Request for Action: Please contact your MPs re: Bill C-31, Economic Action Plan 2014 Act, No. 1, Part 6 Division 25 – Trade-marks Act amendments
We seek your assistance. Please contact your local MP to request that the impugned sections of Bill C-31 which impact the Trade-marks Act and Regulations implementing them be deferred or struck from the legislation altogether.
As many of you are aware, Bill C-31, among other things, fundamentally changes the nature of Canadian Trade-mark law. Of particular concern is the fact that Bill C-31 will allow an applicant for a trademark to obtain a registration without any requirement to use the trademark in Canada or elsewhere. To our knowledge there were never any specific consultations with any interested parties on the effect of these amendments. Although the CBA Intellectual Property Section made a formal submission and the Section appeared before the relevant Parliamentary subcommittee this past Spring, the Bill received Royal Assent in June 2014 without further amendment.
We are continuing our efforts to convince the government that the provisions of Bill C-31 relating to trademark use should not be proclaimed into force and deferred, pending full consultation with interested parties.
At this late stage in the legislative process, the steps that can be taken are limited. On behalf of the CBA Intellectual Property Section, Trade-marks Sub-Committee, we ask that you please contact your local MP and express your concerns regarding the substance and implementation of Bill C-31. Please email John McKeown, chair of the Trade-marks Subcommittee at firstname.lastname@example.org if you would like further details about this initiative.
Intellectual Property Quarterly Case Summaries
Updated Case Summaries are now available: October 1 to December 31, 2014
CBA National Intellectual Property Section on LinkedIn
In order to create networking opportunities and a forum for discussion and exchange on subjects relevant to our Section, we have recently created a group on LinkedIn. This professional networking site allows you to establish connections with other professionals interested in Intellectual Property law, share cases and accomplishments, and will provide the Section with another means to keep you up to date on Section activities. We look forward to meeting you on LinkedIn.
Opportunities for Involvement
General call for committee members
The Intellectual Property Section committees provide Section members with the opportunity to comment on proposed changes to legislation and regulatory policies, keep abreast of developments in intellectual property law and to network with others with similar interests. The Section committees depend on the contribution of Section members to deliver relevant services to members and to prepare submissions to legislative and regulatory bodies that reflect the full range of member perspectives.
View the mandate and current members of all Section committees.
We welcome you to join our committees by sending an e-mail to the Section, with indication of your reasons for wishing to join, acknowledgement of the committee mandate and guidelines (as posted on the CBA website), and an express acknowledgement that by applying, you are willing and able to be an active participant of that particular committee.
Committee Guidelines have been introduced in an attempt to encourage participation and increase productivity. These guidelines seek to maintain fair and transparent criteria for selection of Committee members.
View the Committee Guidelines.
More CBA Submissions
Recent issues of the Business and Corporate Bulletin - from CBA PracticeLink and National Magazine.