The above Bill is an omnibus budget bill which also contains the
following amendments affecting intellectual property in Canada:
Force majeure – Under this provision, extension of time
limits in unforeseen circumstances will be allowed. This provision
allows the Canadian Intellectual Property Office to extend
deadlines in the event of floods, ice storms and other natural
disasters so that holders of intellectual property rights can avoid
the inadvertent loss of rights in such events.
Statutory privilege – This provision grants statutory
privilege to Canadian and foreign intellectual property agents,
such as Trade-mark Agents and Patent Agents who are not also
lawyers. Once this provision is in force, confidential
communications between rights holders, as clients, and their agents
will be subject to privilege. The communication must be made for
the purpose of seeking or giving advice with respect to matters
relating to the protection of trade-marks or patents. This
privilege is much the same as the privilege that is currently
granted to communications between lawyers and their clients.
Correction of errors – This provision provides for the
authority to make regulations for the correction of errors. For
example, the Registrar of Trade-marks will have additional powers
to correct errors in registrations, whereas previously the sole
remedy available to rights holders for correction of errors in
registrations was to apply to the Federal Court.
Extension of Copyright Term for Sound Recordings – The
copyright term for sound recordings and performance rights will be
extended from 50 years to 70 years after publication, subject to a
100 year maximum.
Most of the above provisions will come into force through
regulations and orders in council. The provisions regarding agent
privilege will come into force next year.
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.
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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.
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