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The Canadian Intellectual Property Office ("CIPO")
recently released its annual report, IP Canada Report 2019, on the statistics and
trends regarding the intellectual property ("IP") system
in Canada and use of IP globally by Canadian companies. One
interesting development highlighted in the report is that the
number of Canadian companies filing trademark applications in China
has seen steady growth over the past decade with 3,401 applications
in 2018, a 265% increase since 2008.
This is likely due to several factors, including the growth in
consumer spending in China; however, Canadian businesses who do not
intend to sell their goods within the Chinese market may still want
to consider registering their trademarks in China. China has a
"first-to-file" trademark system and no "use"
requirement, meaning valuable marks can be registered in the names
of third parties looking to take advantage of business owners who
fail to protect their IP in China.
Chinese trademark registrations are important for companies that
manufacture their goods in China for export to Canada and other
jurisdictions. Chinese border services may detain goods due for
export, however, on the basis that they infringe the registered
Chinese trademark rights in an effort to crack down on
counterfeits. In order to avoid these types of disputes, and
incurring significant costs in getting the goods out of detention,
we recommend that all companies manufacturing goods in China
register their trademark with the Chinese National Intellectual
Property Administration to allow for the easy export of their goods
from China.
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 Canadian Intellectual Property Office (CIPO) has announced that it will soon be changing its practice regarding extensions of time to respond to office actions.
In the summer, the House of Commons Standing Committee on Industry, Science and Technology (the "Committee") released its report on the Statutory Review of the Copyright Act (the "Report").
Separated at birth by a matter of days, the Federal Court last week delivered decisions in two closely followed copyright infringement cases: Bell Media Inc. v. GoldTV.Biz 2019 FC 1432
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