Post Tagged with: "Patent"

Omnibus by David (CC BY-NC-SA 2.0) https://flic.kr/p/j4vM7Q

Tinkering With Copyright in Bill C-68: My Appearance Before the Standing Committee on Finance

I appeared earlier this week before the House of Commons Standing Committee on Finance as part of its review of Bill C-86, the Budget Implementation Act. The bill features extensive intellectual property provisions arising out of the IP strategy referenced in Budget 2018. My comments were consistent with previous posts on the changes to notice-and-notice, patents, and the Copyright Board.  My opening remarks are posted below.

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November 9, 2018 0 comments News
Patent pending by Jim Grey https://flic.kr/p/TQwcKc (CC BY-NC-ND 2.0)

Taking on the Trolls: Canadian Government To Regulate Patent Demand Letters

The Canadian government’s Bill C-86, its Budget Implementation Act, features several notable provisions designed to curb intellectual property misuse. I posted yesterday on the rejection of “harmonized” statutory damages with the copyright collective system and new limits on the content of notices under the copyright notice-and-notice rules, with the government banning the inclusion of settlement demands or other requests for payment. Internet providers that receive notices that do not comply with the requirements will not be required to forward them to their subscribers. The bill also takes on patent misuse, including rolling out a framework for regulating patent demand letters in an effort to stop patent trolling.

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October 31, 2018 0 comments News
46/365 Intellectual Property by Traci Lawson (CC BY 2.0) https://flic.kr/p/63hXJc

Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection

Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited intellectual property strategy Thursday by responding to the need to increase IP awareness, develop new IP tools for businesses, and counter IP misuse that harms both consumers and businesses. The plan to introduce new legislative rules to discourage misuse of intellectual property is particularly noteworthy since the rules should help foster a more progressive, balanced, and innovative legal framework.

My Globe and Mail op-ed notes that with proposed reforms to all of Canada’s main IP statutes, the government is taking the lead in combating the dark side of intellectual property protection. Since abuse of intellectual property rights may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market, crafting rules that address misuse can be as important as providing effective protection.

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April 27, 2018 6 comments Columns
Press Conference with the Prime Minister of Canada by World Economic Forum (CC BY-NC-SA 2.0) https://flic.kr/p/E8nVj4

Don’t Make the TPP Mistake Again: Why Canada Needs to Maintain a Progressive Approach on IP in NAFTA

The intellectual property chapter has not been a focal point of the NAFTA negotiations this week in Montreal, but the successful conclusion of the TPP11 (or CPTPP) serves as a reminder that it is likely to emerge as a contentious issue in the months ahead. The U.S. position on the NAFTA IP chapter is clear: it wants to replicate the original TPP IP chapter. Yet Canada now stands opposed to that chapter having backed the suspension of many of its provisions including copyright term extension, digital locks, notice-and-takedown, patent protections, biologics protections, and pharmaceutical plan rules. In fact, Prime Minister Justin Trudeau this week cited changes to the IP provisions as one example of how the government worked to make the TPP more progressive.

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January 26, 2018 6 comments News
Reject-TPP1 by Leadnow Canada (CC BY-SA 2.0) https://flic.kr/p/HHY8j7

Rethinking IP in the TPP: Canadian Government Plays Key Role in Suspending Unbalanced Patent and Copyright Rules

Years of disappointment in trade negotiations have left many Canadian intellectual property watchers hoping for the best, but expecting the worst when it comes to the IP provisions in trade deals. In earlier talks, Canadian negotiators would often advocate balanced positions during the negotiations, but ultimately cave to (primarily) U.S. pressures during the final round of talks. Given that history, this week’s outcome of the TPP11 is reason for celebration as the second largest economy in the TPP finally acted like it. The Liberal government demonstrated genuine leadership in demanding significant changes to the flawed TPP intellectual property chapter and refusing to back down under intense pressure from some of the negotiating parties. The result isn’t perfect, but the newly named Comprehensive and Progressive Agreement for the Trans Pacific Partnership (CPTPP), which still requires considerable negotiation, features a significantly improved IP chapter that suspends some of the most problematic provisions.

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November 11, 2017 13 comments News