Interesting News Items for Andrews Robichaud and the overall IP and business landscape

Court Defines Patentability Test for Computer-Implemented Inventions, Reaffirms Purposive Construction Approach

On June 17, 2022, in the case of Benjamin Moore & Co. v. Canada (Attorney General), 2022 FC 923 (hereinafter “Benjamin Moore”), Justice Gagné reaffirmed the Federal Court’s position that a patent’s claims should be construed on the basis of “purposive construction” and provided a test for patentability for computer-implemented inventions. In short, the Appellant, [...]

By |2022-07-05T09:31:50-05:00July 5th, 2022|Idea2Ideal, News, Patents|0 Comments

Update to Bill 96 – An Act respecting French, the official and common language of Québec

Further to our article of June 17, 2021, as of May 24, 2022, the Quebec government has adopted Bill 96. The amendments will considerably impact the use of non-French trademarks in Québec and would significantly limit the use of non-French trademarks on product packaging and labelling. The Bill also includes restrictions to public signage, posters and commercial [...]

By |2022-06-07T10:28:56-05:00June 6th, 2022|Financial, Governments, Idea2Ideal, News, Trademarks|0 Comments

Supreme Court of Canada – Travelway Group International Inc. v Group III International Ltd.

Recently, the Supreme Court of Canada dismissed an application for leave to appeal in Travelway Group International Inc. v Group III International Ltd.  With this dismissal, the findings of the Courts in this matter are final.  As such, it seems like an excellent opportunity to review the history of this matter and how these decisions highlight [...]

By |2021-11-01T15:16:25-05:00November 1st, 2021|Copyright, Idea2Ideal, News, Trademarks|0 Comments

Supreme Court of Canada Says No Mandatory Tariff in York University v Access Copyright

The unanimous judgment of the SCC in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 decisively ends the question of whether Access Copyright (Access) may impose a “mandatory tariff” through the Copyright Board on Canadian educational institutions. This question arose when York University decided in 2011 not to renew its license [...]

By |2021-09-27T08:47:22-05:00September 27th, 2021|Copyright, Idea2Ideal, News|0 Comments

Substantive Changes Proposed for Canada’s Patent Rules

On July 3, 2021, the Canadian government published proposed amendments to the Canadian Patent Rules in Part 1 of the Canada Gazette. The proposals are part of a broader effort to meet Canada’s patent term adjustment obligations under the Canada-United States-Mexico Agreement. The following proposals are intended to streamline the patent examination process: Request for [...]

By |2021-08-10T06:44:06-05:00August 10th, 2021|Governments, Idea2Ideal, News, Patents|0 Comments

Canadian Trademarks Office (TMO) Update- Practice Notice on Extensions of Time in Examination and Section 44.1 Notice.

Update from the Canadian Trademarks Office - Practice Notice on Extensions of Time in Examination and Section 44.1 Notice. https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04736.html

By |2021-07-27T06:43:40-05:00July 27th, 2021|Idea2Ideal, News, Trademarks|0 Comments

Canadian Trademarks Office (TMO) – Update on Exclusionary Language Used in Office Actions

Canadian Trademarks Office - Update on Exclusionary Language Used in wording of Goods/Services in response to Office Actions In a Practice Notice dated July 19, 2021, The Canadian Trademarks Office (TMO) updated its guidance on the use of exclusionary language in goods and services in response to office actions (generally used to overcome confusion objections). [...]

By |2021-07-27T06:43:49-05:00July 27th, 2021|Idea2Ideal, News, Trademarks|0 Comments

Bill 96 – Proposed Amendments to Quebec French Language laws

Trademark and Business Considerations The revisions tabled May 13, 2021, by the Quebec provincial government, under Bill 96-An Act respecting French, the official and common language of Quebec, will have a significant impact on businesses (including brands, signage, commercial packaging and labelling and business documents).  As a fair amount of debate is likely, the finalization [...]

By |2021-06-17T12:53:07-05:00June 17th, 2021|Financial, Governments, Idea2Ideal, News, Trademarks|0 Comments

CIPO Updates – Expedited Trademark Examinations in Limited Instances

Expedited Examination in Limited Instances In view of ongoing extensive wait times in examination, the Trademarks Office announced on May 3, 2021 it will accept requests for expedited trademark examination. These requests must be submitted in the form of a Statutory Affidavit or Declaration. No fees apply. See the information provided in the link: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04946.html There [...]

By |2021-06-17T11:55:08-05:00May 12th, 2021|Idea2Ideal, News, Trademarks|0 Comments
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