Illuminating the path in intellectual property law.
On June 1, 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations, and Copyright Regulations and will take effect by January 1, 2024. The amendments are generally in line with fee increases put forward by CIPO for public consultation earlier this …
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The United States Patent and Trademark Office (USPTO) recently issued a notice that a data security incident exposed domicile addresses of numerous trademark applicants who filed applications between February 2020 and March 2023. A copy of the first page of the notice is below: The USPTO stated that the incident occurred when a vulnerability in …
Continue reading “You Received a “Notice of Data Security Incident” from the USPTO—Now What?”
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and …
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On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition and innovation by providing workers with more freedom to move between companies. However, this proposal has raised concerns about …
Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been distributed in Canada for some time, and Health Canada had flagged no health concerns. In deciding to issue a stop-sale order, Health Canada relied upon …
Continue reading “U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court”
The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases. In Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 (“Nova”), the Supreme Court reviewed a trial court’s calculation of the profits gained by Nova Chemicals from infringing Dow Chemical’s …
The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America. Congress is using the UAIA to reduce barriers to patent system entry, such as the costs associated with filing and prosecuting patent applications as well as maintaining …
Many companies, including U.S. companies, find manufacturing abroad attractive because of its affordable costs, capacity, and distribution networks. Typically discussions or negotiations with a foreign manufacturer will concern the type of product to be produced, which often involves providing the manufacturer with sufficient detail to enable the manufacturer to provide a proposal. These seemingly harmless …
Continue reading “PROTECTING INTELLECTUAL PROPERTY THROUGHOUT THE MANUFACTURING PROCESS”
The Canadian government has now announced that October 3, 2022, is the date on which significant changes to the Canadian Patent Rules, which we had previously reported, will come into force. The changes will streamline examination procedures by instituting excess claims fees, by instituting a procedure for requesting continued examination, and by introducing conditional notices …
Recently, Jennifer Ko Craft (Member, Las Vegas) and John Krieger (Member, Las Vegas) presented at ACC Nevada’s monthly virtual CLE webinar on “The Who, What, Why, and How of NFTs, the Metaverse, and IP.” They discussed the basics of blockchain technology and opportunities in the metaverse as well as enforcement strategies for protecting digital assets. …
Continue reading “The Who, What, Why, and How of NFTs, the Metaverse, and IP”