Update: Amendments to Canada's Trade-Mark Act

Well, it's been ten months since Bill C-31, Canada’s Economic Action Plan 2014 Act, No.1, was tabled.   As you may recall, the Bill contains major amendments to the current trademark system, one of the most important of which is to eliminate use as a registration requirement.  It also allows for implementation of the Madrid Protocol and adoption of the Nice Classification of goods and services.  Of significance also, it reduces the renewal period to 10 years which seems to be of most interest to my clients.  

So, what progress has been made?   Not much really.  On June 19th, Bill C-31 received Royal Assent and is now the law in Canada.  The next day the Canadian Intellectual Property Office (CIPO) released this document: Amendments to the Trade-marks Act: Questions and Answers

http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr03799.html?Open&wt_src=cipo-tm-main&wt_cxt=feature

However, the new Law needs Regulations in order to actually function and CIPO produced a discussion document in October outlining the proposed regulations for comments.  If you are so inclined, you can read that here, http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr03851.html

The consultation period ended on November 30 and no doubt numerous responses were filed.  Further consultations on fees and set up procedures and costs for Madrid Protocol applications are expected. 

CIPO has also held a couple of webinars in order to explain their perspective, the latest of which made it quite clear that full implementation of the amendments will not happen before early 2016.  For now, the current registration regime will remain in force and it is business as usual at CIPO. 

Pharmacare in Canada: an ounce of prevention is worth a pound of cure?

Canadians pay an average of 50% more per capita on prescription drugs

Despite what I do for a living, I won't claim to know anything about pharmaceuticals, their patents and the generic drug industry but I thought Canada's patent law supported generic drugs to make drugs cheaper for us. Apparently not, Canadians pay an average of 50% more per capita on prescription drugs than residents of other developed countries.

I'm pretty healthy, knock on wood, and basically never have to take prescription drugs. So this whole pharmacare “debate” going on right now in Canada comes as a bit of a shock to me. I mean, really, it seems like a no brainer: an ounce of prevention is worth a pound of cure.

 

Medicines keep people healthy, help patients cope with difficult symptoms, avoid trips to the hospital and even save lives. They’re fundamental to modern health care. Apparently, about 40% of Canadians are engaged in “precarious employment” -- not enrolled in private drug plans, offered largely through the workplace. These folks, including myself, are left exposed to high prices for the medicines they need. Or they simply don't take them and end up in the hospital at the expense of the health-care system. 

Canada is the only country in the world that has a universal health-care system that doesn't cover the cost of prescription drugs

 

Apparently, Canada is the only country in the world that has a universal health-care system that doesn't cover the cost of prescription drugs.  As I understand it, publicly funded access to prescription drugs results in bulk buying power and this results in lower costs.

So what's the problem? Economist Bob Evans recently described the main obstacle for the implementation of universal pharmacare in Canada: “Anyone’s spending is somebody else’s income. Universal pharmacare could save billions to Canadians, so there are powerful corporate interests that will do everything they can to make sure it does not happen.” 

Canada's Anti-Spam Law (CASL)

Is your inbox suddenly flooded with emails asking "Do you wish to continue receiving ..."?

For my Canadian followers the answer is likely yes. And by now you are probably well aware that on July 1, 2014, Canada's Anti-Spam Law (CASL) will come into force. CASL Regulations require companies to have consent from their customers before they are allowed to send them electronic marketing communications. Since I don't do electronic marketing (other than this on and off blog gig which you all have to actively opt into to view) and no clients were asking for advise, I wasn't too concerned with this new law.

But then last week I noticed that I was getting a lot of "undeliverable mail" notices. I ignored them for awhile thinking it was just some glitch but then I finally looked at a response and saw that the sender was actually one of MY email accounts. So was I sending out spam? Probably. Was it electronic marketing from a business? Possibly. If I didn't put a stop to it by July 1, would I be exposed to liability? Panic!

I fixed the problem but I can't help but wonder if this new law will have any effect on this kind of thing. I kind of doubt it.

Exciting times in Canadian Trademark Law

 (And, yes, I do mean Trademark -- not trade-mark.)

 

We are so IN -- Madrid Protocol, the Nice Agreement and the Singapore Treaty

This year’s budget implementation bill proposes substantial changes to Canada’s trade-mark laws and practices designed to help ease our way into the international trademark treaty world of the Madrid Protocol, the Nice Agreement and the Singapore Treaty. You can go here to learn more about these at the World Intellectual Property Organization website.

Finally, no more tedious conversations about prior use

Of more interest, the Bill eliminates the requirement that a trademark must be used in order to be registered.  It also eliminates the concept of associated marks and distinguishing guise.   I know several of my clients and suspect most of the world will rejoice at this.  The Bill also includes amendments that reduce the registration term from 15 years to 10 years, allow for divisional applications and replace the spelling of “trade-mark” in Canada to “trademark”.

Bill C-31, the Economic Action Plan 2014 -- March 28, 2014

What’s really interesting here is that because these changes are in a Budget Bill, this WILL BE ENACTED with little change and with little or no public consultation.  

If you want (although I can't imagine why) you can read the Bill here .

Canada's Military Gun Show over Ambush marketing

It must be a slow news day when a story about the Department of National Defence asserting its Intellectual Property rights warrants a picture and a quarter page spread.

Some of Canada's military regiments will be celebrating 100 year anniversaries next year having been formed at the outset of the first world war. In anticipation of the "ambush marketing" sure to mark such an auspices occasion, DND, in a pre-emptive "gun show", has flexed its IP muscles warning that unauthorized use of cap badges, regimental colours and the like to commemorate regimental anniversaries could be an infringement of Crown intellectual property rights.

Princess Patricia's Canadian Light Infantry

One of these regiments is the Princess Patricia's Canadian Light Infantry.  The regiment was recruited, equipped and financed from the personal finances of  Andrew Hamilton Gault.  The charter of the regiment was signed on August 10, 1914 some 10 days after the war was declared. 

The regiment was named for the daughter of Canada's Governor-General,  Princess Patricia of Connaught, a granddaughter of Queen Victoria. The regiment's first formal parade was conducted on August 23 in Ottawa during which Princess Patricia presented the regimental standard, a flag which the Princess designed and made by hand herself. At right is a picture of a re-enactment; my father is at the head of the group, portraying Hamilton Gault.

 

 

Protecting the Crown's intellectual property rights

DND owns a section 9 mark for the Princess Patricia's Canadian Light Infantry badge, shown here (right). Unauthorized use of this mark on any goods or services is actionable infringement.


So, when the Regimental Association decided to do some anniversary fundraising by commissioning privately labelled PPCLI wines it was very careful in its labeling, as you can see here. 

However, according to the latest news, DND recently issued new guidelines to govern the production and sale of commemorative beer, wine and spirits in an effort to assist the "regiments and their foundations to remain within the appropriate legal, ethical and historical/heritage boundaries".   The new rules include limiting the sale of commemorative alcohol to within the military, requiring associations to ask for permission to use regimental logos, and using established (and presumably Canadian) brewers, vintners and distilleries.

Oh oh.  I bought two bottles of this wine last year as a gift for my father.  No doubt he's disposed of the evidence by now.

(PS Happy belated Father's day, dad!)

Summer time = Frisbee® fun time

Frisbee® Flying Discs – not just a day at the beach

Here in Ottawa flying disc related activities take up a big part of my summer. (I'm going to call them frisbees -- with apologies to Wham-O but seriously it really is generic; nobody knows what a flying disc is.) I play Ultimate two times a week and have been known to put in a round or two of disc golf. I've also managed to include it in my marketing efforts.

Some of you may remember my INTA mission to obtain frisbees as a souvenir. There was the trek to the University of Washington, the odyssey to Columbine, the clandestine hand off in DC, odd packages being delivered to my hotels in San Francisco and Amsterdam … Regrettably, I have not had the time at INTA to devote to this lately.

Back at the beginning of May, Hunt Law donated frisbees to a Big Brothers/Big Sisters disc golf event put on by the Ottawa Disc Golf Association. Next month, we are giving away a bar tab to an Ultimate Frisbee team.

Ultimate: a team sport played with a frisbee

The object of the game is to score points by passing the frisbee to a player in the opposing end zone. Two teams, usually of seven players, begin at opposite end zones and try to advance the frisbee to the other end zone. The playing field is about 120 yards long and 40 yards wide.  The frisbee may be moved only by passing, so the player holding the disc must not move and has 10 seconds to throw the frisbee. If a pass is incomplete, intercepted or caught out of bounds, the opposing team immediately gains possession and tries to move the frisbee in the other direction.  

Disc Golf: like golf only you throw little frisbees into a basket

A game in which individual players throw a frisbee at a target.  You  can go anywhere and just throw the frisbee at something or you can go to a proper course.  Here in Ottawa we have one where you walk up and down ski hills; it's exhausting. You can use a regular sized frisbee or use ones specially made for this game which are smaller in diameter, have different weights and different edges.  There are hundreds of varieties of disc golf frisbees each designed to fly differently.  Keen players have a bag of about 20 to play a round.  I use three -- an XL driver, my Deuce approach and a putter. 

Of course, nothing beats playing catch with a frisbee at the beach.  There's no better place to lay out.

Countdown to INTA AM in the big D

Now that I’ve done some research for INTA AM in Dallas, Texas May 5 - 8, 2013 … 

 

… I am seriously regretting my travel arrangements

For the past few years I have tried very hard to use public transportation to and from the airports, it’s my little environmental bit. I was pleasantly surprised by the ease and speed of this in San Francisco, Boston and D.C. However, it appears that getting to and from Dallas Fort Worth Airport by transit would be an hour and a half ordeal. I probably should have chosen to fly to the smaller “in city” airport.

Also, my hotel is the furthest from the Convention Centre. However, some of the receptions I will be going to are closer to my hotel than the convention centre hotels so that’s a big bonus.

… I’ve discovered that it’s the BIG D

It’s not very original but they call Dallas the Big D. Apparently it’s because “big things happen here”. More interesting is the fact that all over Dallas there are life size letters “B” and “G”. You are supposed to stand in between them, becoming the “I” and have your picture taken. Then you can share your photo on the social networks facebook, tweet, instagram, tumblr, pinterest with the hashtag #DallasBIG. Apparently, lots of Dallas retailers are giving deals, specials and discounts to people who share their BIG photos.

 

… This sounds interesting for Saturday afternoon

If I was in the Big D on Saturday afternoon, I would definitely be up for this Cinco de Mayo MADNESS Tour of some of Dallas' most famous margarita meccas http://www.dallasbychocolate.com/

Alas, I won’t be able to do this but I sure am looking forward to some real tex-mex food.

… Urban Cowboys

The INTA AM Finale is at Gilley’s the bar where John Travolta worked and learned about life and love in the movie Urban Cowboy. The bar is named for that great country singer Mickey Gilley and is the home of Urban Cowboy memorabilia, great Texan food, cold beer, country music and maybe even mechanical bull rides.

Yee haw! Looking forward to seeing you in your Stetsons and spurs.