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Publication

title

IP ENews

DATE

October 7, 2003

EXPERTISE

Intellectual Property

NEWS
  • The Canadian Government has announced that it will introduce retroactive legislation to fix the problem created by the trial level and Court of Appeal decisions in the Dutch Industries case.  The announcement made August 8, 2003 states:

The proposed amendments to the Patent Act will provide a mechanism for the retroactive correction of past fee payments in situations where a fee was incorrectly paid at the lower small entity fee level instead of the higher large entity fee level. Regulatory changes will also be forthcoming to provide greater clarity to the patent payment regime on a forward-looking basis.

For a discussion of the effect of the Dutch Industries decisions, see OR's Information paper entitled Small Entity Status in Canada Following Federal Court of Appeal Decision.

  • In Kirkbi AG and Lego Canada Inc. v. Ritvik Holdings, the Federal Court of Appeal held that the LEGO block knobs design is not protectable as a trade-mark, confirming the decision at trial.
  • The Supreme Court of Canada has granted Mr. Schmeiser leave to appeal from the decision of the Federal Court of Appeal in which it was held that he had infringed Monsanto's patent relating to its herbicide-resistant genetically modified canola, suggesting that the Court is eager to deal with the patentability of genetically modified foods.  This case follows on the heels of the highest court's 2002 ruling in the Harvard Mouse case to the effect that higher life forms were not patentable.  For further information on the Harvard Mouse case, please see our case comment.
  • It happened to Mickey Mouse in the U.S.A.  Now the author of Anne of Green Gables may be getting a reprieve from the lapsing of her copyright on previously unpublished works.  The Canadian Government has introduced Bill C-36, which, among other things, extends the term of copyright on unpublished works for deceased authors.
  • First the Millennium Bug - now the Privacy Bug.  New Canadian privacy laws come into effect on January 1, 2004.  If you're not yet ready, see the article by OR's Privacy and Access to Information Team.
  • The House of Commons Standing Committee on Canadian Heritage announced on June 18, 2003 that it hopes to launch its statutory review of the Copyright Act in the fall of 2003. The subject matter of the reform process is described in detail in the Report of October 2002 published by the Government of Canada, entitled "Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act".
  • Congratulations to James Longwell who has been appointed Chair of the Toronto Computer Lawyers Group for 2003-2004 and to Joan Clark, Q.C. and Don Cameron who are among a select group of only 16 Canadian patent lawyers chosen for inclusion in The International Who's Who of Patent Lawyers for 2003. Congratulations as well to Don Cameron and Scott MacKendrick for being included in The International Who's Who of Trademark Lawyers for 2003.

    NEW PUBLICATIONS

  • In June 2003, OR launched "Intellectual Capital, Real Benefits". This booklet, intended for CEOs and executive managers, defines the key elements of a successful intellectual capital management strategy and gives valuable insights into the IP capital management process.  For a copy, please contact James Anglehart.  Watch for Volume 2, to appear shortly.
  • OR recently published the 10th anniversary edition of our "Guide to the Patented Medicines (Notice of Compliance) Regulations", with a forward by the Right Honourable Brian Mulroney, P.C., C.C., LL.D., Prime Minister of Canada from 1984 to 1993. Copies of the Guide, along with Patrick Kierans' paper on the "Evolution of Canadian Legislation Affecting Innovative Drug Products" presented to the National Judicial Institute Seminar on Intellectual Property for Federal Court of Canada judges and a case comment on the recent Apotex v. Wellcome Supreme Court of Canada decision, have been provided to many of our pharmaceutical clients and contacts.  If you would like a copy of any of this material, please contact Brian Daley or Judith Robinson in Montréal or Patrick Kierans or Peter Wilcox in Toronto.
  • A paper entitled "Les conditions d'existence du droit d'auteur : n'oublions pas l'auteur et sa créativité", (2003) 15 C.P.I. 619, by Madeleine Lamothe-Samson was published in the most recent edition of Les cahiers de la propriété intellectuelle.  For a copy, please contact Madeleine Lamothe-Samson.
  • An article by James Longwell entitled "Cross-Border Patent Disputes Underscore Importance of IP Issues" appeared in the August 15, 2003 issue of The Lawyers Weekly.  For a copy, please contact James Longwell.

    RECENTS AND UPCOMING EVENTS

  • The OR Life Sciences Team held a seminar entitled "Preparing for Your Next Financing Round: What You Should Know" in Montréal on June 4, 2003.
  • Judith Robinson moderated a panel discussion at a Canadian Institute conference on "Contrats de licence de propriété intellectuelle" held in Montréal on June 17, 2003. The workshop run by Judith Robinson was called "Les ententes de recherche et de transfert de technologie avec les universités : comment développer des partenariats profitables ?"
  • Patrick Kierans spoke on "Key Success Factors for Structuring and Drafting the Agreement" at The Canadian Institute's seminar on "Advanced IP Licensing: Joint Ventures, Co-Development and Co-Promotion Agreements" held on June 25, 2003.
  • Joan Van Zant spoke at the McGill/IPIC course "Understanding Patents: An Introductory Course" in Montréal on August 4, 2003. The portions of the course covered by Joan Van Zant were "Patents - An Overview" and "From Invention to Patent - Part 1".
  • Scott MacKendrick and Mark Davis spoke at the McGill/IPIC course "The Trade-marks Practitioner - An Advanced Course" in Montréal on August 19, 2003, where their topic was "Interplay of Trade-marks, Domain Names and the Internet".
  • Also on August 19, 2003, Don Cameron spoke on "Mining Info: Knowledge Management and Retrieval in All Practices" at the Annual Meeting of the Canadian Bar Association in Montréal.
  • Claude Brunet spoke at the McGill/IPIC course "Understanding the Business of Copyright" in Montréal on August 25, 2003. The topic covered by Claude Brunet was "Economic vs. Authors' Rights. How Is Apparent Conflict Resolved in Canada?: Théberge and CCH Decisions".
  • Don Cameron, Mark Davis and Rob Percival will be teaching "Internet and Information Technology Law" at the University of Victoria, appropriately, by video teleconference.  Guest speakers include OR's Mark Hayes (Privacy) and Paul Carenza (Taxation) as well as Crown attorney Scott Hutchison, co-author of "Computer Crime in Canada".
  • During the fall session, Nicolas Sapp will be teaching the course "Propriété intellectuelle de l'entreprise et nouvelle économie" to master's degree students at Laval University in Québec.
  • Claude Brunet was a panel moderator at the ALAI 2003 Congress held in Budapest, Hungary between September 14 and 17, 2003. The topic covered in the workshop run by Claude Brunet was private copying.
  • On September 20, 2003, Joan Van Zant was part of an IPIC and AUTM Roundtable on working with universities, held in conjunction with the 77th Annual Meeting of the IPIC in Halifax.  James Longwell spoke on "Patent Protection for Computer Technologies".  Scott MacKendrick and Theresa Astles were on the IPIC Forums and Seminars Committee responsible for organizing the technical program of the meeting.
  • Don Cameron and Rowena Borenstein will be speaking on "IP License Agreements" at The Canadian Institute's National Forum on Key Business Agreements in Toronto on September 30, 2003.
  • David Turgeon is the guest speaker for September at the "Centre de recherche en biologie forestière (CRBF)" of Laval University. His topic is the ethical and judicial aspects of science.
  • On October 2, 2003, the OR Intellectual Property Group will offer its annual dinner to participants who attend BioContact Québec 2003.
  • Allyson Whyte Nowak will be speaking on "Protecting the Employer's Confidential Information and Intellectual Property: Proven Strategies" at The Canadian Institute's Advanced Forum on Employment Law on October 16, 2003.
  • James Longwell will be speaking on the new Canadian patent application examination guidelines for computer-related inventions at IBM's Centre for Advanced Studies in Toronto in October.
  • Don Cameron will be speaking on "?Secret' Prior Art: Europe and Japan - A Different View" at the Annual Meeting of the AIPLA on October 31, 2003 in Washington D.C.
  • On September 19, 2003, the rising stars of the rock 'n roll band "Blind Trust" were the Grand Prize Winners at this year's edition of AIDSbeat's battle of the law firm bands, an annual fundraising event for AIDS research.  The band featured several OR members including the OR Toronto IP Group's Peter Wilcox on drums and Joe Conneely on bass guitar. The event raised $165,000 for AIDS research.

©OGILVY RENAULT 2003 - All Rights Reserved

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Contacts

Jean-François Drolet
Québec
418.640.5980
jdrolet@ogilvyrenault.com
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Malcolm McLeod
Montréal
514.847.4424
mmcleod@ogilvyrenault.com
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Joan Van Zant
Toronto
416.216.1868
jvanzant@ogilvyrenault.com
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