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A recent decision of Canada’s Federal Court reflects a trend towards streamlining the resolution of trade mark disputes in Canada, helping to minimise delays in enforcing trade mark rights in the country. In C.C. Jentsch Cellars Inc. v O’Rourke Family Vineyards Ltd. et al, (2018 FC 875), the court dismissed the respondent’s motions for production of documents, the late introduction of an expert survey, and a request to convert the proceeding into an action. The decision demonstrates the court’s commitment to ensuring court proceedings are “expeditious and proportionate” (C.C. Jentsch, para 29).

The Supreme Court has already taken on one patent case and two copyright cases. We preview those and ask what other intellectual property cases have a chance of being granted cert

The UK Intellectual Property Office has received funding that will enable it to examine how artificial intelligence could aid filing processes

Advocate general says when a generics company sends an amended summary of product characteristics with a carve out to the authorisation authority, that act has the effect of limiting marketing authorisation

J Bradley White and Nathaniel Lipkus of Osler analyse the changes introduced by the amendments to the PMNOC Regulations, examining the rules around the 24-month timeline for actions, appropriate parties in a proceeding, NOAs, early patent dismissals, confidentiality and the 24-month stay

Roberta Arantes of Daniel Legal & IP Strategy analyses the law around the protection of 3D marks in Brazil, detailing grounds for refusal and alternative ways to seek 3D protection

David Schwartz and Philip Lapin of Smart & Biggar examine changes to Canada’s trade mark and patent law, highlighting the ramifications of these amendments for American IP owners

Steve Garland and Jean-Sébastien Dupont of Smart & Biggar consider five reasons why carrying out patent litigation in Canada is preferable to US proceedings, including no opportunity for forum shopping, no jury trials and no inter partes reviews

The USMCA includes provisions for Canadian IP that extend protection for biologics and copyright, exporting what some observers see as the worst of US IP law to its northern neighbour. Ellie Mertens reports

Argentina, Brazil, Canada and Mexico have all made important IP changes this year