Message from the Editor
This edition of the e-newsletter summarizes 22 orders in intellectual property cases issued by the Federal Court and Federal Court of Appeal between July 1 and September 30, 2014.
Our thanks to the reviewers including Terrence Zheng, Adrian Howard, Andrea Pitts, Ruth Corbin, Hung Nguyen, Katie Wei, Lorraine Fleck, John Lucas, Cindy Bélanger, Alan Macek, Bria Brown, Kiernan Murphy, Greg Beach, Peter Choe, Pablo Tseng, Ken Clark, David Wood, Clare McCurley, Christopher Heer, and Beatrice Sze.
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 October 1 to December 31, 2014.
Quarterly Case Summaries - Printable version
Chair, Newsletter Committee, National Intellectual Property Section
Borden Ladner Gervais LLP
Direct dial: 613-369-4783
Do you want to:
- Build your profile within the legal community?
- Connect with senior members of the bar?
- Hone your research and writing skills?
- Win a cash prize?
Then enter the contest today!
- Certificate presentation at Town Hall meeting with Federal Court
- Ticket to Annual IP Federal Court Judges’ Dinner in Ottawa ($250 value)
- Publication on the CBA National Intellectual Property Section webpage
Topics related to Canadian:
- Intellectual property law
Eligibility: Students currently enrolled at a Canadian law school
Deadline: February 28, 2015
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.
Winner of Inaugural Law School Essay Competition
Congratulations Nivi! Nivi Ramaswamy of the University of British Columbia Faculty of Law is the winner of the 2014 CBA National Intellectual Property Law School Essay Competition for her paper entitled, “Injunctive Relief in Patent Infringement Cases: Balancing Patent Protection Against Patent Trolls”. Nivi will be recognized for her work at the Judges' Dinner on June 12 in Ottawa. The IP Section gratefully acknowledges the support of the competition sponsors, Aitken Klee LLP and Microsoft Canada.
Read the winning paper*
*The views expressed in this essay are solely the views of the author, and do not necessarily represent the views of the Canadian Bar Association.
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
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: July 1 to September 30, 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.