On Dec.16, 2014, Bill C-43, A second Act to implement certain
provisions of the budget tabled in Parliament on February 11, 2014
and other measures (also known as Economic Action Plan 2014 Act,
No. 2), received Royal Assent. Embedded in Bill C-43 are amendments
to the Canadian Patent Act and the Canadian Industrial Design
new filing date requirements to
ensure compliance with the Hague Agreement;
introducing the requirement of
"novelty" and a definition of such, and replacement of
the previous "originality" test;
permitting priority claims to earlier
filed Canadian applications;
amending the protection period to be
the later of 10 years after the date of registration of the design
or the end of 15 years after the filing date of the application;
expanding the powers of the Governor
in Council with regard to making regulations under the Industrial
The amendments to the Patent Act and the Industrial Design Act
through Bill C-43 do not take immediate effect. They will come into
force on a day or days to be fixed by order of the Governor in
Council. If recent amendments to the Trade-marks Act are any guide,
the new provisions to the Patent Act and the Industrial Design Act
will not likely be in force until late 2015 or 2016.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
The Federal Court dismissed a motion by Apotex seeking particulars from Allergan's pleading relating to the prior art, inventive concept, promised utility and sound prediction of utility of the patents at issue.
Last year we saw the Canadian Courts release trademark decisions that granted a rare interlocutory injunction, issued jailed sentences for failure to comply with injunctive relief, grappled with trademark and internet issues...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).