The governor in council recently took the formal step of publishing proposed new Industrial Design Regulations in the Canadian Gazette. The regulations are being amended in order to allow Canada to join the Hague Agreement Concerning the International Registration of Industrial Designs, which provides a mechanism for registering an industrial design in several countries by means of a single application.
With the start of 2018, the countdown to the implementation of Canada's new trademark law has begun in earnest. While the changes will have benefits, there will also be some new challenges. However, a number of key strategies can be employed now in order to obtain maximum benefit from the existing legal landscape for trademarks in Canada and prepare brand owners for the new law.
The governor in council recently published the proposed Regulations Amending the Patented Medicines Regulations. The proposed regulations represent a significant overhaul of the Patented Medicines Regulations and are estimated by Health Canada to result in savings of C$12.6 billion net present value over 10 years. While the regulations have yet to be adopted, companies should be factoring these potential changes into their business planning now.
A recent Federal Court of Appeal decision has shed light on a streamlined litigation procedure that brand owners may find attractive. In its decision, the court suggested that trademark owners which commence infringement proceedings in the Federal Court, by way of the summary procedure known as 'application', may still be able to recover damage awards – even by way of a reference.
The federal minister of health recently submitted the Patented Medicine Prices Review Board Annual Report 2016 to the House of Commons and the Senate. The report indicates that in 2016 Canadian patented drug prices were the fourth-highest among the seven comparator countries against which the board reviewed prices and that sales of patented drug products totalled C$15.5 billion. Research and development spending remained unchanged from 2015.