IP Osgoode and the  (IPIC) are thrilled to announce the winners of the 2024 edition of .��

In the Law Student category, won for his entry, “Shortcomings of the Trademarks Act in the Frontline against Counterfeit Goods”.��

Pasha is a 3L student at Queen's University's Faculty of Law.

In the Graduate Student category, ��won for his entry, “AI & IP – Anticipating Obvious Issues for the Pharmaceutical Drug Industry”.

Nick recently graduated from Osgoode's Professional and is an Associate at .

The winners will be receiving a prize of $1000 and, in addition to having their winning article showcased here on the IPilogue, the article will be considered for publication in the Canadian Intellectual Property Review (CIPR) or the Intellectual Property Journal (IPJ). 

We would like to thank our esteemed intellectual property experts who served as judges for this year’s Writing Challenge:��, , and our own .

But above all, on behalf of the judges and IPIC, we thank all of the authors who submitted their excellent papers for consideration. We are grateful for the opportunity to support a vibrant public policy discussion on all facets of intellectual property law and technology in Canada.

Stay tuned for more information about these award-winning papers!

��

The post Announcing the Winners of Canada's IP Writing Challenge 2024 appeared first on IPOsgoode.

The  (IRAP) and the  (IPIC) have partnered to offer the  program for Canadian small and medium-sized enterprises (“SMEs”). IPilogue readers may have seen ’s&�Բ�����; of another CIC program, , which provides funding for a similar purpose through a different government channel. That article outlined the motivation behind these types of programs and summed up that  Canadian SMEs often lack access to the means to protect intellectual property (IP) and highlighted a clear economic need for innovative Canadian businesses to improve their IP commercialization.

NRC IRAP, CIC, and IPIC

The NRC IRAP provides a range of innovation support services for Canadian SMEs. The program offers funding, advisory services, and networking opportunities to help SMEs undertake research and development (“R&D”) and to commercialize, and improve their competitiveness in domestic and global markets. IRAP also provides support for technology adoption, productivity improvement, and business expansion. On February 16, 2023, the Government of Canada announced that NRC IRAP will be integrated into the  (CIC).

The CIC will be a new, operationally independent organization solely dedicated to supporting business R&D across all regions and all sectors of the economy. It is a federal initiative that will be  that aims to “play an important role in building a stronger and more innovative Canadian economy for generations to come.” The CIC will include an umbrella of programs, including both IP Assist and ElevateIP, to support the development and exploitation of IP.

IPIC is Canada’s professional association of patent agents, trademark agents and lawyers practicing in all areas of intellectual property (“IP”) law and is comprised of over 1700 members.  is to match SMEs with IPIC members who practice in their specific industry. The IP professional will help SMEs better understand the key aspects of IP and how it can support their business goals.

The IP Assist Program

There are three levels to the IP Assist Program — levels 1, 2 and 3 (L1, L2, L3, respectively). Each level brings :L1 – up to $1k, L2 – up to $20k, L3 – up to $20k+), as well as increasing engagement with an IP professional matched to the SME:

The L1 IP Awareness is a one-to-one IP awareness session during which an IP professional will provide industry-specific IP information and guidance to an SME. Engagement at L1 provides IP professionals with an opportunity to connect, support and guide innovative Canadian SME to help them achieve their business goals. Engagements with SMEs will take, on average, up to 3 hours and include an IP awareness presentation followed by Q&As.

The L2 IP Strategy relates to the IRAP SME’s specific technology space, aligns with the IRAP SMEs business objectives, and provides IRAP SMEs with specific prioritized IP actions. The IP Strategy must be informed by key relevant information relating to the technology and competitor landscapes relevant to the IRAP SMEs.

The L3 IP Implementation relates to detailed IP asset assessments, such as IP audits, trademark clearance searches, prior art searches and analysis, advice on branding strategy, legal analysis of IP landscaping, patentability analysis, licensing strategy formulation, and other activities. However, some patent and trademark preparation services and filing fees may not be covered.

Conclusion

Canada’s investment in the CIC indicates that there is an increased focus on innovation as a driver of economic growth. There is also a clear aim through programs like IP Assist and ElevateIP to ensure that IP generated by innovative SMEs in Canada are carefully strategized for and well-protected. Hopefully, this increases Canadian presence in innovation and brings greater investment in R&D into Canada.

The post IPIC and National Research Council Collaborates to Create the IP Assist Program for SMEs appeared first on IPOsgoode.

The Intellectual Property Institute of Canada (IPIC) and IP Osgoode are delighted to announce the 2023 edition of Canada’s IP Writing Challenge.

Our goal is to further enhance thoughtful and well-researched intellectual property public policy scholarship and discussion. We encourage a broad range of perspectives, and topics can be from within the various categories of intellectual property law including patents, trademarks, industrial design and copyright.

There are three categories for entrants this year:

• Law student category (LL.B, J.D., BCL, and LL.L students)
• Graduate student category (LL.M, S.J.D.��and PhD students)
• Professional category (legal and business professionals who have been practicing 7 years or less, including patent agents and trademark agents)

The winner from each of category will be eligible for:

• A prize of $1,000 (CAD)
• Publication on the IP Osgoode website (iposgoode.ca)
• Consideration for publication in the��Canadian Intellectual Property Review��and/or the��Intellectual Property Journal.

The deadline is Canada Day, Saturday, July 1, 2023, 5 PM EDT.

More details on Canada’s IP Writing Challenge are available��.

The post Announcing the 15th Annual Canada’s IP Writing Challenge appeared first on IPOsgoode.

1. In the Law Student category, Leandra Keren of Queen's University won for her entry on "Children's Right to Parental Privacy".
2. In the Graduate Student category, Lindsay Paquette of Osgoode Professional Development won for her entry, “Bill C-15 and the United Nations Declaration on the Rights of Indigenous Peoples: A Proposal for Intellectual Property Law Reform in Canada for the Protection, Preservation and Prosperity of Indigenous Traditional Knowledge and Cultural Expression″.��
3. In the Professional category, the judges did not select a winner for this year’s Challenge.

The winner will be receiving a prize of $1,000 and, in addition to having their winning articles showcased here on the IPilogue, the articles will be considered for publication in the ��or the��.�� We would like to thank our esteemed intellectual property experts who served as judges for the Challenge:

• The Honourable Roger T. Hughes QC

We look forward to next year’s IP Writing Challenge and continuing to help ignite a more vibrant public policy discussion on all facets of intellectual property law and technology.

The post Announcing the Winners of Canada’s IP Writing Challenge 2021 appeared first on IPOsgoode.

Introduction

Every year, the (IPIC) hosts a national conference, welcoming IP lawyers from all over Canada to network and to learn from leaders in the field. This year, the leadership at IPIC worked hard to make sure that the annual conference was just as meaningful and successful as other years, despite the challenges they faced with the ongoing pandemic. I was fortunate enough to attend “” and I am excited to share some of the highlights of my experience.

Address by IPIC President, Stephanie Chong

The event began with an address from IPIC’s new President, , who emphasized that both COVID-19 and the social movements emerging internationally will have a major impact on the implementation of IPIC’s new three-year . Ms. Chong shared that IPIC is committed to working on tangible initiatives to increase equity, diversity and inclusion within the organization and in the IP profession at large.

Highlights

One of the highlights for me was the “Fireside Chat” with . He fielded questions regarding the impact of COVID-19 on the court system, whether courts should adopt an approach of technological neutrality or technological novelty, and whether Canada should have specialist judges for IP-related matters. He tackled these complex issues in stride and I really enjoyed listening to his perspective.

Another presentation that I particularly enjoyed was the Indigenous IP session. Professor of the University of Alberta shared a number of useful sources to learn more about Indigenous perspectives on IP. These include the and the project at Simon Fraser University. She also pointed to between Tsilhqot’in Nation and University of British Columbia, which, among other things, provides that Tsilhqot’in Nation will own any data that comes out of research done in collaboration with the University.

Following Professor Bell, reminded us that there is a lot of low-hanging fruit in IP law that could be fairly easily addressed by looking at other jurisdictions, similar to ours, which have regarding Indigenous rights in relation to IP.

CIPO

(CIPO) had a strong presence throughout the conference, providing practice updates for CIPO in general, but also for the patent and trademark branches, respectively. The CEO of CIPO, , emphasized that COVID-19 actually pushed the office to take measures that it had already been moving towards, such as the further digitalization of correspondence.

CIPO’s goal is to provide entirely digital correspondence in the future, and during this time, it has made strides towards that objective. Georgaras also pointed out that the Innovation, Science and Economic Development Canada (ISED) and CIPO was a great resource during this time, which of course made me appreciate the , aptly named Isaac Pewton, for its value as well.

Other presentations during the conference covered such topics as the top IP cases of 2020, file wrapper estoppel, updates to section 56 of the Patent Act, site blocking, patentable subject matter of computer implemented inventions and copyright issues surrounding machine-generated works.

There were too many fascinating topics discussed this year to cover in one short blog, so the surest way not to miss out on stimulating discussions with leaders in IP law is to register for next year’s conference. IPIC plans to hold its next annual conference in Newfoundland next October.

Acknowledgment

I want to thank IPIC for allowing me to attend the conference on behalf of the IPilogue. It was a wonderful experience, and I highly recommend that students who are able to become members of IPIC do so. There is a , and financial aid available for those who qualify. I have found it to be a welcoming and supportive community, and I hope that all who are interested in practicing IP law get a chance to experience it for themselves!

Written by Rachel Marcus. Rachel is a third year student at Osgoode Hall Law School and is currently enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. Rachel has been a member of IPIC since 2018 and is currently a part of the IPIC Mentorship Program.

The post Recap of IPIC2020 Virtual: Emerging Trends in IP - What Does The Future Hold? appeared first on IPOsgoode.

Our goal is to further enhance thoughtful and well-researched intellectual property public policy scholarship and discussion. We encourage a broad range of perspectives and topics can be from within the various categories of intellectual property law including patents, trademarks, industrial design and copyright.

There are three categories for entrants this year:

Law student category (LL.B, J.D., BCL, and LL.L students)
Graduate student category (LL.M, S.J.D.��and PhD students)
Professional category (legal and business professionals who have been practicing 7 years or less, including patent agents and trademark agents)
The winner from each of category will be eligible for:

A prize of $1,000 (CAD)
Publication on the IP Osgoode website (iposgoode.ca)
Consideration for publication in the��Canadian Intellectual Property Review��and/or the��Intellectual Property Journal.

The deadline is Canada Day, Wednesday, July 1, 2020, 5 PM EDT.

More details on Canada’s IP Writing Challenge are available��.

The post Announcing the 12th Annual Canada’s IP Writing Challenge appeared first on IPOsgoode.

Our goal is to further enhance thoughtful and well-researched intellectual property public policy scholarship and discussion. We encourage a broad range of perspectives and topics can be from within the various categories of intellectual property law including patents, trademarks, industrial design and copyright.

There are three categories for entrants this year:

Law student category (LL.B, J.D., BCL, and LL.L students)
Graduate student category (LL.M, S.J.D. and PhD students)
Professional category (legal and business professionals who have been practicing 7 years or less, including patent agents and trademark agents)
The winner from each of category will be eligible for:

A prize of $1,000 (CAD)
Publication on the IP Osgoode website (iposgoode.ca)
Consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.

The deadline is Canada Day, Monday, July 1, 2019, 5 PM EDT.

More details on Canada’s IP Writing Challenge are available .

The post Announcing the 11th Annual Canada’s IP Writing Challenge appeared first on IPOsgoode.

The post Announcing the Winner of Canada’s IP Writing Challenge 2017 appeared first on IPOsgoode.

The Intellectual Property Institute of Canada (IPIC) and IP Osgoode are delighted to announce our 2014 Canadian writing challenge in intellectual property law.

We are excited to be running our sixth annual writing challenge.�� Our goal is to further enhance thoughtful and well-researched intellectual property public policy scholarship and discussion. We encourage a broad range of perspectives and topics can be from within the various categories of intellectual property law including patents, trade-marks, industrial design and copyright.

There are three categories for entrants this year:

1. Law student category (LL.B, J.D., BCL, and LL.L students)
2. Graduate student category (LL.M, S.J.D.��and PhD students)
3. Professional category (legal and business professionals who have been practicing 7 years or less, including patent agents and trade-mark agents)

The winner from each of category will be eligible for:

1. A prize of $1,000 (CAD)
2. Publication on the IP Osgoode website (www.iposgoode.ca)
3. Consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.

The deadline is Canada Day, Tuesday, July 1, 2014, at 5 p.m. (ET)

More details on Canada’s IP Writing Challenge are available at

We look forward to reading your work!

The post Announcing Canada's 6th Annual IP Writing Challenge appeared first on IPOsgoode.

The is to update three aspects of the profession of trade-mark and patent agents that would help align the industry with ‘best practices’ adhered to in different professional fields. The three mandates to be fulfilled include:

1. The maintenance and oversight of the register/list of trade-mark and patent agents;
2. The qualification and development of patent and trade-mark agents; and
3. A values and ethics framework for trade-mark and patent agents.
   
   

This initiative for change was spurred by discussions between IPIC and CIPO over the past few years about existing deficiencies within the regulatory framework. On May 27^th, 2010 IPIC submitted a consultation paper entitled “” to its members with the intent of collaborating with CIPO to create new guidelines addressing these growing concerns. The main objectives summarized in the report included:

• The profession, through IPIC, would be responsible for the establishment of entrance requirements to become a patent or trade-mark agent, and determine whether the requirements are met.
• IPIC would maintain a code of ethics and a code of conduct for all agents.
• The profession, through IPIC, would manage the process for the discipline of agents.
• CIPO would continue to maintain the registers.
• CIPO would retain final say on disciplinary matters, including suspension or removal from the registers.
• CIPO and IPIC would establish requirements for insurance and for continuing professional development.
  
  

The members of IPIC approved this proposal at the 2010 AGM and gave the mandate to the IPIC Board of Directors to seek its implementation in collaboration with CIPO. However, because of changes in its leadership shortly afterwards, CIPO began the process in 2013 and invited IPIC, FICPI, and AIPPI to collaborate with them.

As per Michel Gérin, Executive Director of IPIC, the first step when CIPO launched the project was to outline and agree (i) to the general scope of the project, (ii) on the three working groups, and (iii) on their co-chairs (each of the associations has one). The plan is to conduct the actual study and discussions from September to March. CIPO will later invite patent and trade-mark agents ‘at large’ to comment on the recommendations made by the committees.

As Mr. Gérin, pointed out, it is likely that not all of the issues will be resolved in this short time, but it is moving forward in a positive and “transparent way”. Based on a generous interview granted by Mr. Gérin, on July 31^st, 2013, a summary of the objectives and changes are listed below.

MAINTENANCE AND OVERSIGHT OF THE REGISTER
By law, CIPO is required to maintain a “register of patent agents” and a “list of trade-mark agents” in order to facilitate access to clients. CIPO wants to ensure that these lists are always a true picture of the professionals available to serve Canadian innovators. Some small businesses owners have expressed to CIPO the desire to see more information about the agents on these lists. This will be a topic for discussion for the committee working on this project.

QUALIFYING EXAM/CONTINUING EDUCATION

Qualification
The licensing process for patent and trade-mark agents involves on-the-job training, self-study, and optional courses offered by IPIC. It culminates in an examination managed by CIPO in collaboration with IPIC (i.e. three of the four papers for the patent exam are prepared by IPIC members).

Trade-mark and patent agents are not required to be licensed lawyers, nor are they required to have a legal education. A patent agent applicant must be a trainee for one year (either in a law firm or an intellectual property firm) and must write the self-study examination. IPIC supports a CIPO proposal that the training period be changed to two years because a single year is not enough. After consultations, this change is now awaiting a cabinet decision. A trade-mark agent applicant is required to train at a firm for two years and then complete the exam, unless s/he is a lawyer who has already practiced in the area for two years. The changes to the regulations propose that lawyers will also have to write the examination.

CIPO has proposed the creation of this project group to determine whether the admission process outlined above needs to be modernized. Mr. Gérin hopes that the members of this project committee will consider IPIC’s proposal to manage the entire qualification process with CIPO continuing to administer the list and decide who may be added or removed from the list, based on IPIC’s recommendations. IPIC proposed to manage the process because it has done a lot of committee work and research over the years to identify possible improvements to the admission process.

Continuing Education
Once successful, those patent and trade-mark agents who are not lawyers are not obliged to take continuing education requirements the same way agents who are licensed lawyers do. CIPO would like this project committee to consider continuing education requirements for agents. Mr. Gérin stated that IPIC supports this view because “more and more, there is an expectation for continuing education requirements . . .” by the public. He also observes that although the continuing education classes are not required for agents, the agents themselves have already been quite active in taking the webinars and courses that are offered by IPIC and by other associations.

CODE OF ETHICS
Currently, CIPO does not regulate the conduct of registered agents via a code of ethics, even though it has the power to remove an agent from the practice. There are several deficiencies in this practice – first, there is no clear process; second, there are no intermediary measures; and finally, there are no clear mechanisms in place to facilitate communication between CIPO and the public for the purpose of complaints.

Trade-mark agents are mostly lawyers who would have to adhere to the set out by the Law Society of Upper Canada, while patent agents are individuals who are highly educated in science and engineering fields and whom do not have the same requirements. As Mr. Gérin stated, “We [IPIC] felt that . . . this profession should be held up to the same standards as other professions in Canada. You should have a mandatory code of ethics or code of conduct for the profession.”

Members of IPIC already agree on a voluntary basis to adhere to IPIC’s , which is now in the process of being updated (last adopted in 2001) to reflect recent changes in the codes for lawyers and case law regarding conflicts of interest. Mr. Gérin believes that the work done by IPIC�� in this area will be useful for the project committee.

CIPO would also like the committee to look at intermediary disciplinary measures such as additional training. Finally, the working group will examine “best practices” to aid in making this process accessible and transparent for the public. Admittedly there are very little complaints against patent and trade-mark agents, which is why this initiative had not started years earlier.

OTHER CONSIDERATIONS
Finally, unlike many professions that are regulated provincially by self-regulated associations, IPIC’s proposal is modeled on a hybrid of self-regulation (via IPIC) and government involvement. This way CIPO can have the final say, which will guarantee public protection.

(Click for CIPO's August 12^th, 2013 response to our request for an interview.)

This modernization initiative by CIPO is a very welcome step forward for the community of patent and trade-mark agents. It seems like IPIC has much of the infrastructure already in place, and where it doesn’t it is willing to undertake much of the responsibility. We look forward to hearing the outcome of this initiative in March 2014.

The post A New Approach: Modernizing the "Regulatory Framework for Patent and Trade-mark Agents" in Canada appeared first on IPOsgoode.