Canada’s Trademarks Act

Upcoming Changes to Canada’s Trademarks Act

By | Canada, Intellectual Property, Shapiro Cohen LLP, Trademark

Canada will be making substantive changes to its trademark laws. The Canadian Intellectual Property Office has confirmed that it now plans to implement the amendments to the Trademarks Act in early 2019 and has just released the proposed changes to the Regulations which are required in order to facilitate the implementation of the amendments. Consultations on the draft regulations will be open until July 21, 2017.

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antispam legislation

Canada’s anti-spam laws are changing

By | Canada, Intellectual Property, Shapiro Cohen LLP

Canada has implemented anti-spam legislation that affects the sending of commercial electronic messages (CEMs) to and from Canadians. This legislation affects organizations both inside of Canada and out – if a foreign organization is sending commercial or promotional information to Canadian recipients electronically, such communication is covered by the legislation

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Trademark Monitoring

The Importance of Trademark Monitoring

By | Canada, Intellectual Property, Shapiro Cohen LLP, Trademark

You have found yourself in the enviable position of having a successful business with a recognizable brand name. You did your due diligence: Before selecting your brand name, you consulted your trademark agent to make sure your idea was registrable. You searched the marketplace to make sure you would not interfere with the rights of others. You sought protection for that brand name by registering it as a trademark and you spent significant resources promoting the brand name to the public. You did everything right. But the work in protecting a trademark does not stop there.

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I Just Disclosed My Invention – Can I Still Protect It?

By | Canada, Industrial Design, Intellectual Property, Patent, Shapiro Cohen LLP

The answer to this question depends on the type of protection that is being sought, the specific countries in which protection is desired, and also the nature and the timing of the disclosure that has been made. Generally speaking, fewer options will be available after an invention or an industrial design has been disclosed publicly, but it may still be possible to obtain some useful protection.

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new brand

The Benefits of Trademark Searching and Clearance

By | Canada, Intellectual Property, Shapiro Cohen LLP, Trademark

If you are considering launching a new brand in Canada, it is generally a good idea before investing in the launch, and even before filing a trademark application, to determine whether the proposed mark is available for use and registration. This inquiry is carried out by conducting a clearance search for the trademark against the relevant goods and services with which you intend to use it.

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Budget Update: 2017

By | Canada, Intellectual Property

In its 2017 budget, the Canadian Federal Government announced its “Intellectual Property Strategy 2017,” in which “the Government will develop a new intellectual property strategy over the coming year. The strategy will help ensure that Canada’s intellectual property regime is modern and robust and supports Canadian innovations in the 21st century.”

The Minister of Innovation, Science and Economic Development, Navdeep Bains, indicated that part of this strategy includes improving IP literacy of Canadian businesses, and making sure that robust IP strategies are built into their business plans. In particular, this means that startups and scale-ups will be more strategic about IP processes, in order to capture the value of R&D investments. Stay tuned!

Implication of CETA on the Pharmaceutical Industry

By | Canada, Intellectual Property, Patent, Shapiro Cohen LLP

Pharmaceutical IndustryThe Canadian federal government wishes to implement the Comprehensive Economic and Trade Agreement (“CETA”) after it was signed at the end of October 2016. Bill C-30 seeks to amend the Patent Act to provide for the issuance of Certificates of Supplementary Protection (“CSP”), which seeks to compensate patentees for the effective loss of patent protection they suffer as they await regulatory approval to market a drug in Canada. The term of a CSP will be calculated by subtracting five years from the period beginning on the patent’s filing date and ending on the day on which a Notice of Compliance (NOC) is issued, up to a maximum of two years. For more information please contact us.

Exclusionary Rights

Exclusionary Rights in Useful Articles: Corocord et al v. Dynamo

By | Canada, Copyright, Intellectual Property, Shapiro Cohen LLP, Trademark

In today’s competitive marketplace, the right to prevent a competitor from replicating a consumer product can be tremendously valuable.
In the recent Federal Court decision in Corocord Raumnetz GmbH and Kompan A/S v. Dynamo Industries Inc., 2016 FC 1369, the Court had the opportunity to consider exclusionary rights in useful articles in the context of the Canadian Trademarks Actand Copyright Act.

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Colour as a Registrable Design Feature of an Industrial Design

By | Canada, Industrial Design, Intellectual Property, Shapiro Cohen LLP

Registrable DesignOn January 16, 2017, the Canadian Industrial Design Office issued a Practice Notice stating that that colour may form part of a combination of features that constitute a design. Colour by itself is not considered to fall within the definition of a design.

In the case of an application for registration of a design that includes colour as a feature, the description must state that colour forms part of the design. Drawings or photographs filed in respect of an application for registration of a design that include colour as a feature, must be filed in paper form and in colour. For more information please contact us.

Possible Canada Post Service Disruption

By | Canada

Canada Post Service DisruptionCanada Post has advised us that there is a possibility of a service disruption on or after July 2, 2016. In order to ensure we receive your correspondence during the possible service disruption, please correspond with us via email or by fax at 613-563-9231.

In the event of a service disruption, please do not send payments via regular mail.  We would be pleased to accept payments by wire, e-transfer or credit card.  Please contact us for further details. We will provide an update as soon as we have further information.

Write Your Own Story | Sheema Khan | TEDxKanata

By | Canada, Intellectual Property, Patent, Shapiro Cohen LLP

Why is it important to write our own story? It speaks to our individuality, our independence, our integrity. It speaks to our humanity. Use the pen of your conscience to write your own story.

As a toddler, Sheema Khan emigrated from India to Montreal, where she immersed herself in Quebecois culture and quickly became fluent in French. Currently a patent agent in Ottawa, she is also a published author, soccer player and hockey mom.

The path to patent agent has been an interesting one: She holds a Masters in Physics and a PhD in Chemical Physics, both from Harvard University. After completing post-doctoral research at MIT and McGill, Sheema worked as an R&D scientist in pharmaceutical sciences and is an inventor with numerous patents in drug delivery technology.

In addition, since 2002, she has been a monthly columnist for Canada’s national newspaper, The Globe and Mail. A collection of her columns have been published in the book Of Hockey and Hijab: Reflections of a Canadian Muslim Woman. In 2012, she was a recipient of a Queen Elizabeth II Diamond Jubilee Medal for service to Canada. View video.

industrial revolution

Canada has work to do to stand out as an innovation economy

By | Canada, Intellectual Property, Patent, Shapiro Cohen LLP

In his speech at the World Economic Forum in Davos, Switzerland, last month, Prime Minister Justin Trudeau emphasized five key points as the basis of a fourth industrial revolution: education, infrastructure, innovation, population diversity and public-private investment. Make no mistake – the knowledge economy is here to stay. Or, as Mr. Trudeau put it: “What it takes to grow and prosper isn’t just what’s under our feet, it’s what’s between our ears.”

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