News
Current IP News
Linsanity has reached the U.S. Patent and Trademark Office as Jeremy Lin continues to lead the New York Knicks’ winning streak. See full article.
Authorities are seizing Apple Inc.’s iPad tablets from Chinese shops in response to claims by a Chinese company, Shenzhen Proview Technology, alleging ownership of and infringement of its iPad trademark in China. The Chinese company is also planning to ask customs officials to halt imports and exports of the popular tablets.
The Canadian Intellectual Property Office (CIPO) has entered into another a Patent Prosecution Highway (PPH) agreement, this time with the United Kingdom Intellectual Property Office (UKIPO). The PPH programs allow the participating offices to share previous work by the others which can speed up examination time.
There are a number of government run programs in countries around the world designed to assist fledgling businesses under the Start Up name such as Start Up Chile, America, Britain, Greece, and Italy. It appears that Canada will be getting its own version in March 2012.
Microsoft is now reportedly collecting patent license fees on over half of all Android-based devices sold around the world. See Full Article
OWGM News & Events
An arms race in intellectual property is killing innovation .
War is a favourite metaphor in discussions about intellectual property (or IP) law, and it’s easy to understand why. In litigation, patents are wielded like weapons: Owners of intellectual property use them to attack competitors, wringing big settlements out of infringement claims, and those companies that find themselves unarmed rush to acquire defensive patents to deter such onslaughts. But the martial metaphor also applies on a larger scale to countries, not just companies.
Top boutiques: January 2012
http://www.canadianlawyermag.com/3991/ip-boutiques-holding-their-own.html
Date: February 16, 2012
Time: 11:35 am
Place: The Metropolitan Hotel
645 Howe Street
Vancouver BC
Topic: Common Intellectual Property Pitfalls
Oyen Wiggs Green & Mutala LLP has been recognized as Canada’s Trademarks Law Firm of the Year by ACQ Magazine, a publication that has served the financial sector since 2003. Its readers, many of them fellow professionals, nominate and award law firms all over the world for the exceptional quality of their work over the last twelve months.
Oyen Wiggs Green & Mutala LLP welcomes Cameron G. Funnell as an articling student, 2011-2012. Prior to studying law, Cameron graduated from the University of British Columbia (B.Sc.) with Honours in combined Physics and Mathematics. Cameron received his Juris Doctor from the University of Toronto in 2011.
OWGM Newsletter Articles
By: Amy M. Fong
The US is presently the only country in the world still operating under a “first-to-invent” system, in which a patent is granted to the first person to conceive the invention. All other countries have a “first-to-file” system, in which a patent is granted to the inventor who is the first to apply to patent the invention, regardless of the date of invention. However, under the new America Invents Act (“AIA”), the US will change to a first-to-file system applicable to US applications with an effective filing date of March 16, 2013 or later. New worldwide novelty requirements will also take effect in the US which lend to some interesting scenarios in comparison with Canadian patent law.
One of the requirements for obtaining a valid patent is for your invention to be novel. This novelty requirement can differ between countries. In many countries, public disclosure of the invention by any person, including the patent applicant, before filing a patent application destroys novelty and the ability to obtain a valid patent. These countries are said to operate an “absolute novelty” requirement. Public disclosures can include written or electronic publications, public oral disclosures, public demonstrations, public use, offers for sale, and actual sales.
by: Michael G. Fink
The Canadian Internet Registration Authority (“CIRA”) is the body that decides Canadian domain name disputes and has the power to order the transfer of a domain from one entity to another. For a while now, the CIRA has primarily been useful in clear cases of domain squatters (e.g. those who register a domain name to try to sell it to the party that holds the trademark rights or to block a trademark holder from registering that domain name) and competitors registering another entity’s name or trademark. In the past six months this has been changing and opening up more situations where trademark right holders can have relevant “.ca” domains transferred to them.
It is shaping up to be an exciting year for copyright law in Canada. On December 6 and 7, 2011, the Supreme Court of Canada heard appeals in five decisions arising from the Copyright Board of Canada. Having the Court grant leave to hear so many appeals in the area of copyright law at one time is unprecedented.