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As a result of an anticipated amendment to Canada's Patent Act, certain patents based on applications filed before October 1 1989 that have not yet expired may benefit from up to an additional three years of patent protection.

Including: Trademarks; Patents; Trade Secrets; Copyright; Industrial Designs; Integrated Circuit Topography Act

For companies such as Nike, Rolex and Louis Vuitton, the sale of counterfeit goods is a constant problem. The Anton Pillar order is a useful tool to be used against itinerant sellers with no fixed place of business. However, recent decisions show that parties who obtain an order, but do not comply with its terms, can expect little sympathy from the courts.

The Copyright Board of Canada has delivered two significant decisions relating to proposed tariffs for the collection of royalties for societies representing musical artists. The first decision dealt with transmission of musical works to subscribers via the Internet, whereas the second determined the levies to be applied to recording media used for the home taping.

The past year has seen interesting developments in trademarks law. The courts have dealt with many issues regarding official marks, famous marks, the use of marks, and the standard for reviewing the trademark registrar’s decisions.

Amendments made to the Copyright Act in 1997 have now been fully implemented. Some of these amendments have significantly changed the law governing temporary recordings, summary proceedings, statutory damages and wide injunctions.

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