Canadian Technology & IP Law : Canadian Technology Lawyers & Attorneys : Stikeman Elliott Law Firm : IP Law in Toronto, Montreal, Calgary, Ottawa & Vancouver

The Canadian Trade-marks Opposition Board (TMOB) has announced that as of March 31, 2009, it will be implementing new guidelines for practice in trademark opposition proceedings (the Practice Notice). The new Practice Notice introduces the availability of a nine-month cooling-off period to allow parties to pursue settlement or mediation, as well as changes to maximum benchmarks for extensions of time during the opposition process. The Practice Notice also  allows parties to expedite the hearing of their case by requesting  that it be scheduled and heard on short notice (approximately two days) in the event of a cancellation of a previously scheduled hearing.

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On January 8, 2009, the Federal Court of Canada issued its decision in Parfums de Coeur, Ltd. v. Christopher Asta (2009 FC 21). The Court refused to expunge a trademark registration obtained through a Declaration of Use that contained false information. This outcome highlights a significant difference in the consequences arising from misstatements on a Declaration of Use under Canadian and American law.

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The Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) have extended the pilot Patent Prosecution Highway (PPH) program for another two years until January 28, 2011. The PPH program, begun on January 28, 2008, provides for significantly accelerated examination of patent applications by CIPO if examination work has already been conducted at the USPTO.

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Martin Langlois

On March 11, 2009, the Office of the Superintendent of Financial Institutions Canada (OSFI) released the first revision to its Guideline B-10, Outsourcing of Business Activities, Functions and Processes, since December 2003. As summarized in the OSFI letter that accompanies it, the Guideline - which sets out OSFI's expectations with respect to outsourcing by federally-regulated entities (FREs) - is being revised in 7 significant respects:

1. Section 2 of the Guideline now provides that outsourcing arrangements obtained by the FRE "as the result of an acquisition" are expected to comply with the Guideline at the first opportunity, e.g. when the relevant contract, agreement or statement of work is substantially amended, renewed or extended.

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