Intellectual Property, Smart & Biggar updates


Contributed by Smart & Biggar
Cloud computing: overview of IP issues
  • Canada
  • 11 January 2021

Cloud computing has increasingly become a dominant model for computer and IT service, with the majority of businesses worldwide using computing resources and storing data in the Cloud. However, despite the ease of use and convenience of cloud computing, moving data and services into the Cloud raises several legal issues for both cloud computing providers and users. This article highlights some of the issues and questions relating to IP rights raised by cloud computing.

What to expect from Canada's new examination guidelines for patentable subject matter – interview
  • Canada
  • 21 December 2020

The Canadian Intellectual Property Office (CIPO) recently released new guidelines on patentable subject matter and a set of examples applying these new guidelines. This video summarises the main changes introduced and examines how CIPO will deem computer-implemented inventions to be patentable under the new guidelines. It also offers advice to applicants of computer-implemented inventions to increase their chances of overcoming patentable subject matter objections in Canada.

Trademarks Office to allow expedited examination for COVID-19-related goods and services
  • Canada
  • 21 December 2020

On 14 December 2020, for the first time in more than a decade, the Trademarks Office announced that it will grant requests for the expedited examination of trademark applications. However, expedited examination will be limited to applications where the goods or services are for the prevention or treatment of COVID-19. This is a notable change in practice, since there is currently a significant backlog facing trademark applications in Canada, with delays in examination of approximately two years from filing.

Why Canadian trademark owners should consider whether international registration is right for them
  • Canada
  • 14 December 2020

Until 2019 most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside Canada. They had to file separate applications in each country of interest, except in the few areas where a regional application was available (eg, the European Union). Now there is a new option available to Canadian brands and businesses looking to expand and protect their trademarks beyond Canada's borders: international registration.

Innovators challenge final PMPRB Guidelines in new Federal Court application
  • Canada
  • 07 December 2020

Innovative Medicines Canada and a number of research-based pharmaceutical companies recently commenced an application for judicial review of the final Patented Medicine Prices Review Board Guidelines. The guidelines aim to operationalise amendments to the Patented Medicines Regulations scheduled to come into force on 1 January 2021.

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