In this edition: CIPO compresses schedule for trademark oppositions and non-use cancellation proceedings, copyright in the age of artificial intelligence, and the latest from our team…
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Hot Off the Press
Canada’s Trademarks Opposition Board has announced changes compressing the schedule in trademark opposition and non-use cancellation proceedings. The changes come into effect on December 1, 2023 and are intended to promote more timely and efficient proceedings.
PMPRB Announces Next Steps in Guidelines Consultation Process >
The Patented Medicine Prices Review Board recently adopted its Amended Interim Guidance, providing information on how the PMPRB reviews the prices of patented medicines in Canada and will be in force until the New Guidelines are developed and implemented. The PMPRB has now announced the launch of the first phase of consultations on its new guidelines and invited stakeholders to participate in Policy Roundtable discussions.
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Cassels Wins
Cassels Lawyers Included in Chambers Canada’s 2024 Rankings >
Casey Chisick (IP: Media & Entertainment), Mark Davis (IP: Litigators), Leonard Glickman (Media & Entertainment), and Jennifer McKenzie (Advertising & Marketing), have all been identified as leaders in their fields in the Chambers Canada 2024 rankings.
In addition, the Cassels teams for IP, Media & Entertainment, and Advertising & Marketing have also been ranked in this latest edition of Chambers Canada.
Cassels Lawyers Included in Best Lawyers 2024 >
Casey Chisick, Mark Davis, Leonard Glickman, Karen MacDonald, Eric Mayzel, and Jennifer McKenzie were recognized among the best in the country by Best Lawyers 2024 in the IP category. Casey, Len, and Eric are also ranked for their expertise in Entertainment Law and Jennifer is recognized as a leader for Advertising & Marketing Law.
Cassels Lawyers Included in Best Lawyers: Ones to Watch 2024 >
Two talented Cassels IP lawyers, Noah Leszcz and Kassandra Shortt, have been recognized for outstanding professional excellence early in their careers.
Cassels Lawyers Named Rising Stars by ManagingIP >
Cassels lawyers Sebastian Beck-Watt and Stephanie Roberts have been named Rising Stars by ManagingIP. Earlier this year, ManagingIP also named several Cassels practitioners as IPStars and ranked our IP team among the best in the country.
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In Case You Missed It
Canada Launches Consultation on Copyright in the Age of Generative Artificial Intelligence >
On October 12, 2023, the Ministers of Canadian Heritage and Innovation, Science, and Industry announced a consultation to gather thoughts on the use of copyright-protected works in AI training systems, liability associated with AI-generated content, and authorship and ownership of AI-generated content. Submissions will be accepted until December 4, 2023.
Patented Medicine Prices Review Board Adopts Amended Interim Guidance on Pricing Of New Medicines >
On September 27, 2023, the Patented Medicine Prices Review Board (PMPRB) adopted an Amended Interim Guidance to expedite its process until new pricing guidelines are in place. PMPRB is an independent quasi-judicial body operating at arm’s-length from the Minister of Health to monitor the prices of patented medicines and ensure they are not excessive.
Consultations are still ongoing for new permanent pricing guidelines. In the meantime, however, New Medicines listed for a price below the Median International Price for the eleven comparator countries will be considered “reviewed.” Those listed at a higher price will remain “under review.”
On September 29, 2023, the Canadian Radio-Television and Telecommunications Commission (CRTC) released a plan to modernize Canada’s broadcasting framework. The goal of the CRTC is to balance Canadian interests with market forces that exist in the space currently. This recent release brings the Online Undertakings Registration Regulations into force, requiring certain online streaming services to register with the CRTC.
Betting On New Rules: AGCO Limits Use of Athletes & Influencers in iGaming Advertising >
On August 29, 2023, the Alcohol and Gaming Commission of Ontario restricted the use of social media influencers expected to appeal to minors and athletes not exclusively advocating responsible gambling in advertisements for internet gaming. The amendments are intended to address the risks to minors. They come into effect on February 28, 2024.
US Court Decides There is No Copyright in AI-Generated Works – What About Canada? >
On August 18, 2023, the US District Court for the District of Columbia confirmed that content generated by AI without any human involvement cannot be protected under US copyright law. While the Canadian Intellectual Property Office has already granted a rebuttable copyright registration for work co-authored by a human and an AI, Canadian courts have not yet considered the issue. Nevertheless, the US decision is likely to resonate in Canada.
CRTC Publishes Regulatory Plan for the Development of an Online News Act Bargaining Framework >
On August 24, 2023, the Canadian Radio-television and Telecommunications Commission (CRTC) published its regulatory plan for its development of a new mandatory bargaining framework between digital news intermediaries and eligible Canadian news businesses. The development of this regulatory plan is a required step under the Online News Act, and the responsibility to create and regulate that plan falls within the purview of the CRTC.
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A Few More Things
On The Horizon
- Winta Asefaw will speak on safeguarding innovation in the age of AI-led innovation at the Calgary Petroleum Club on November 8, 2023.
- Mark Davis, Chandimal Nicholas, Steven Kennedy, Karen MacDonald, Jennifer McKenzie, and Stephen Selznick, will be going to the INTA Leadership Meeting being held November 14-17, 2023, in Houston, Texas.
Where We’ve Been
- Stephen Selznick participated at the European Union Intellectual Property Office (EUIPO) 4th Annual Mediation Conference held in Alicante, Spain from October 19 to 20, 2023.
- Stephen Selznick also participated at the American Intellectual Property Law Association Annual Meeting (AIPLA) held in Washington, DC from October 19 to 21, 2023.
- Casey Chisick attended and spoke at the first-ever Copyright Society’s International Conference held in Berlin from October 14 to 16, 2023.
- Eric Mayzel served as Chair and Jessica Zagar moderated a panel at the Copyright Society’s talk on Copyright and the Creator Economy. The talk was held on October 24, 2023, at the Toronto offices of Cassels.
- Chandimal Nicholas spoke at the Canadian Institute’s Inaugural Advanced Summit on Food Law & Regulation in Canada. The event took place between October 4 and 5, 2023 at the Mississauga Convention Center.
- Karen MacDonald spoke at INTA’s 2023 Trademark Administrators & Practitioners (TMAP) Meeting on October 2, 2023, where the latest developments in trademark law and practice were reviewed.
- Eric Mayzel was part of the panel discussing The Emergence of AI at Canadian Franchise Association’s Franchise Law Day on September 21, 2023.
- Eric Mayzel also spoke about AI, digital assets, and data protection at a webinar presented by Huron Consulting Group and Cassels on September 19, 2023.
- Casey Chisick attended Copyright + Technology, an annual conference presented by the Copyright Society and Giant Steps Media Technology Strategy, on September 14, 2023, at Fordham University in New York.
- Jessica Zagar presented on IP rights in Fashion at Osgoode’s Intellectual Property Law & Technology Intensive Program on September 8, 2023.
- Kassandra Shortt moderated and Jessica Zagar spoke at the Intellectual Property and Exhaustion: What IP Practitioners Should Know webinar on September 7, 2023.
- Eric Mayzel taught Osgoode Hall Law School’s students about the collective administration of copyright at the IP Intensive Seminar on September 6, 2023.
- Stephen Selznick recently Chaired the INTA Commercialization of Brands Sub-Committee on Taxation. The committee authored the INTA Dynamic Survey Resource for Country Based Withholding and Value Added Taxes in Trademark Licensing Transactions. Stephen Selznick has also been appointed to the INTA Bulletins Publications Committee and continues to be on the INTA Panel of Trademark Mediators.
- Stephen Selznick was re-appointed to the Exam Development and Maintenance Committee at Certified Licensing Professionals Inc. This professional certification recognizes professionals with demonstrated experience and proficiency in IP licensing and commercialization. The committee sets examination requirements for accreditation.
Cassels & The Community
- United Way Campaign: Cassels is excited to have partnered once again with the United Way Campaign. We are proud to have contributed to help them reach their $110 million campaign goal to help end poverty. We held internal events throughout the week of October 16th to fundraise for this important cause