Insights: Foreign Associates Updates
What is the final deadline to enter the national phase in Canada under the PCT? (42 months)
It is possible to make a late national phase entry of a PCT application in Canada up to 12 months after the 30 month deadline. This is possible by reinstating the application which is deemed to be abandoned as of the 30 month national phase entry deadline. As such, it is possible to enter the national phase in Canada up to 42 months from the priority date .
IP legal considerations when entering the Canadian market
I spoke recently as a panelist at the Global Intellectual Property Law Symposium hosted by Gearhart Law in New Jersey and New York. The topic of my panel comments was to outline the Canadian legal environment for American SME’s and other companies considering entering the Canadian marketplace and the IP regime here.
Public Authority Trademarks in Canada – Legislative Reform
On June 9, 2014 Bill C-611 (a private members bill) was put before Parliament with the intention of amending section 9 of the Trademarks Act,which deals with official marks. Section 9, and official mark protection thereunder, is the primary purview of governments and governmental authorities within Canada allowing for streamlined access to broader protection for public authorities and official marks than is available in most circumstances to regular trademark applicants.
Canadian government introduces new anti-counterfeiting measures
On March 1, 2013, the Government of Canada introduced new anticounterfeiting legislation in draft form for consideration to Parliament.