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Canadian Intellectual Property Office Further Extends Statutory Deadlines to June 1, 2020

The Canadian Intellectual Property Office (CIPO) has announced a further extension of deadlines to June 1, 2020. CIPO is working hard to continue operations as usual in these unforeseen circumstances. To ensure Canadian intellectual property owners do not have their rights compromised by the Covid-19 pandemic, CIPO has extended statutory deadlines that fall between March 16 … Continue reading

Demand may be booming, but are breaches looming? We discuss compliance with Australian Country of Origin labelling regulations in the context of COVID-19

In recent articles, we have commented on the Australian Competition and Consumer Commission’s (ACCC) Country of Origin (COO) labelling regulations as they relate to food packaging and more recently, the ACCC’s focus for 2020 on misleading or deceptive claims relating to food packaging.  Our previous articles can be reviewed here and here.… Continue reading

Be careful how you ask – Canadian court considers demand letters

In the recent decision, Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81, the Canadian Federal Court granted an interlocutory injunction prohibiting a plaintiff patent holder in a patent infringement action from sending cease and desist letters to suppliers associated or involved with the defendant alleged infringer. This decision builds upon other recent Canadian … Continue reading

Federal Court of Canada Further Extends Suspension Period But Remains Ready for Action(s)

The Federal Court of Canada has just issued a new Practice Direction and Order (COVID-19): Update #2 (April 29, 2020).  The April 29 Practice Direction amends the Court’s previous Updated Practice Direction and Order (COVID-19), dated April 4, 2020. The April 29 Practice Direction confirms that, subject to certain exceptions, no hearings will be held until June … Continue reading

Canadian Intellectual Property Office further extends deadlines to May 18, 2020

The Canadian Intellectual Property Office (CIPO) announced today that it has further extended deadlines under the Patent Act, the Trademarks Act and the Industrial Design Act to May 18, 2020. While Canadian intellectual property owners should always consult with their professional advisors concerning specific deadlines, the general effect of CIPO’s designation means that deadlines falling … Continue reading

Court Suspensions Continue, with Some Exceptions

Please see our updated version of this article, published July 10, 2020. An Update on the Response from Canadian Courts to COVID-19 We are now more than a month in to social distancing measures, and it is time for an update on the status of the courts across Canada. As with the rest of us, … Continue reading

Could the use of Punitive Damages be the way forward in China?

In September 2019, the Shanghai Pudong District People’s Court awarded triple punitive damages to Balanced Body Inc., which according to the Shanghai government news report was the first such award for a Shanghai Court to a foreign plaintiff. Background Balanced Body is a provider of Pilates equipment and education and holds PRC trade mark registrations … Continue reading

Federal Court of Canada Extends Suspension Period to May 15, 2020

By Updated Practice Direction and Order dated April 4, 2020, the Federal Court has further extended the Suspension Period to May 15, 2020.  It has simultaneously mapped out a strategy to keep the Court running as efficiently as possible under the circumstances. During the Suspension Period (which began March 16, 2020 and currently runs until May … Continue reading

Canadian Federal Court of Appeal Extends Suspension of Hearings to May 15, 2020

In a Notice to the Parties and the Profession issued April 2, 2020, the Federal Court of Appeal has confirmed that the suspension period implemented on March 16, 2020 will be extended to Friday, May 15, 2020.  All matters scheduled to be heard during this Suspension Period are adjourned. The business of the Court will … Continue reading

UPDATE: Canadian Intellectual Property Office further extends all deadlines to May 1st

In response to the continuing disruption caused by the COVID-19 outbreak,  the Canadian Intellectual Property Office (CIPO) has announced on March 27, 2020 a further extension for filing deadlines  – all deadlines ending in the month of April 2020 will automatically be extended to May 1, 2020. Parties in proceedings before the Trademarks Opposition Board should … Continue reading

Online Brand Management: Avoiding Toxic Social Influencers

Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for companies and governments looking to reach large online communities quickly. However, some influencers have been … Continue reading

Response from Canadian Courts to COVID-19

Please see our updated version of this article, published July 10, 2020. We know you have a lot to think about and plan right now and over the next few weeks. You can rely on us to keep your intellectual property litigation matters  moving forward.  To that end, we wanted to provide an update on … Continue reading

UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada

Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020.  This decision was first announced on March 16, 2020 and further updated yesterday, March 19, 2020. What you need to know All … Continue reading

Stranger than Sci-Fi: Can (and should) Artificial Intelligence machines own intellectual property?

Artificial Intelligence, or AI, refers to the capability of a machine to imitate intelligent human behaviour. Though it sounds like something out of a sci-fi film, the reality is that AI is quickly becoming a norm in our everyday lives, from the simple AI systems used to sort email inboxes, to complex AI systems known … Continue reading

Securing a Site-blocking Order in Canada: Sure! But how?

The Federal Court has recently issued an order compelling Internet service providers (ISPs) to block their customers from accessing pirate subscription streaming sites operated by anonymous defendants. Although Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432 is the first decision of its kind in Canada, the Court held that site-blocking orders fall squarely within its … Continue reading

CIIs – The Australian Full Court Encompass Decision

Overview The patentability of computer implemented inventions (CII) has long been a contentious topic in Australian patent law. A few months ago, we wrote about Justice Robertson’s decision in Rokt Pte Ltd v Commissioner of Patents, which overturned the Australian Patent Office’s rejection of a patent application for a CII relating to a digital advertising … Continue reading

Review of sugar labelling a sweet victory for health advocates, and yet more packaging and labelling changes required for business in Australia?

Shoppers reaching for a sweet, refreshing bottle of soft drink may soon find themselves confronted by the sour reality of 33 small icons of teaspoons – equivalent to the average sugar content of 1.25 litres of soft drink (see here). The Australian and New Zealand Ministerial Forum on Food Regulation (Forum) recently announced a review … Continue reading

Fakes welcome? IP protection lags behind for Indigenous artworks in Australia

In a symbolic win for Indigenous artists, the Federal Court of Australia has recently ordered a seller of fake Indigenous-style souvenirs to pay AU$2.3 million in pecuniary penalties for contraventions of the misleading and deceptive conduct provisions of the Australian Consumer Law (ACL). While the Court’s ruling appears to be a positive move in the … Continue reading

Calidad v Seiko – defining the scope of the implied licence

One of the more controversial questions in patent law is the extent to which a patentee may continue to exercise control over patent-protected goods after their sale. This question invokes competing tensions between the rights of the patentee and the rights of the purchaser to free enjoyment of goods they have purchased. In a number … Continue reading

Ghost of rulings past: why virtual designs are not yet covered by Australian IP law

Virtual or non-physical designs, which include graphical user interfaces and screen icons, are designs that impact the appearance of a product through software displayed on an electronic screen. Many of these designs have become ubiquitous in our everyday lives. Well-known and familiar virtual designs range from the Snapchat ghost app button on our phones to … Continue reading

Are you kicking goals when it comes to social media activity, or heading to the sin bin?

They say that a picture tells a thousand words.  But as became apparent in Australia recently, posting a picture on social media can result in a thousand (derogatory and sexist) words. A photograph posted on Twitter by Seven AFL (taken by photographer Michael Wilson), resulted in Australian female AFLW star, Taylor Harris, hitting all the … Continue reading

Don’t Rokt the boat: developments in the patentability of computer implemented inventions in Australia

With the continued rise of digital technologies and mining of big data, computer implemented inventions (CIIs) are being increasingly utilised in a wide range of industries. CIIs enable companies to deliver more personalised products and solutions to consumers, whether in the form of more personalised medical treatments and diagnostic tools in the pharmaceutical and healthcare … Continue reading
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