The 2015 edition of Getting the Deal Through: Trademarks has been published. Paula Clancy was the contributor for the Canadian Trademarks chapter. You can download a copy of the e-Book, GTDT – TM2015 (zip) which contains an epub and mobi version of the book.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2015, (published in September 2014; contributing editor: Michelle Mancino Marsh, Kenyon & Kenyon LLP). For further information please visit Getting the Deal Through.
Art and Paula lectured at a workshop on Intellectual Property Exploitation and Enforcement in Canada. It was a live webcast broadcast throughout Canada. Art’s topic was “Patent Applications – A Practical Guide”, and Paula’s topic was “Drafting Trademark License Agreements – A Practical Guide”. Archived copies of the videos should be available in the new year and will try to post them on our site.
Last year CIPO (in conjunction with IPIC, FICPI and AIPPI) launched the “Modernizing the IP Community” project, in which Paula Clancy was invited to participate. Three working groups were established to examine and make recommendations on the following issues:
The final report containing the recommendations of the working groups has been published and a consultation period has begun. CIPO will accept commentaries on the final report until December 9, 2014.
The 11 recommendations put forth in the report are as follows (Source: Summary Overview published on the CIPO site):
If you have any comments with respect to the recommendations put forth, please submit them to CIPO prior to December 9, 2014. Submissions may be made directly on the CIPO at OPIC-CIPO.firstname.lastname@example.org, by fax at 819-997-5052, or by regular mail to the following address:
Canadian Intellectual Property Office
Policy, Planning, International and Research Office
50 Victoria Street
Place du Portage II
Gatineau, QC K1A 0C9
Attention: Konstantinos Georgaras, Director of Policy, Planning, International Affairs and Research Office
The Combating Counterfeit Products Act is one step closer to being passed into law. Bill C-8 (formerly Bill C-56) received first reading in the Senate on October 2, 2014. The aim of Bill C-8 is to strengthen Canada’s laws against counterfeiting and to give Customs Officials greater powers to stop counterfeit products from entering Canada. Some of the changes proposed by Bill C-8 include:
For further information, please contact Paula Clancy.
CIPO has released a draft of the proposed amendments to the Trademark Regulations for consultation. Comments are due by November 30, 2014. Any changes to official fees will be released for separate consultation.
On September 26, 2014, the Canadian Federal Government released the much-anticipated text for CETA (otherwise known as the Comprehensive Economic and Trade Agreement between Canada and Europe). The Government has indicated that the text has been released for information purposes only, and reflects the end of the negotiations between Canada and the EU. However, the text will be subject to further legal review.
CETA includes provision relating to Trademarks and Geographical Indications, Data Protection, Plant Varieties and Enforcement and Border Measures, among other things. Many of Canada’s obligations under CETA have been addressed in Bill C-31 and Bill C-8. For example, CETA requires Canada to adhere to the Madrid Protocol, as well as the Singapore Treaty on the Law of Trademarks. CETA also expands the protection of geographical indications beyond spirits and wines to agricultural products and foodstuffs.
For more information, please contact Paula Clancy.