Submitted by Section Vice-Chair, Stephanie Melnychuk
Summary of Meetings
Number of Meetings Held: 3
November 5, 2015
Guest Speaker:
Meeting Title/Topic: Intellectual Property & Technology Law Section Social Event
Synopsis: Annual social event held at Chewies, 110-1055 West Hastings Street at 6-8:30 PM
June 15, 2016
Guest Speaker: Jennifer Marles, Partner at Oyen Wiggs Green & Mutala LLP in Vancouver
Meeting Title/Topic: Purposively Construing the Boundaries of Patentable Subject Matter in Canada: Diagnostic Methods as an Example
Synopsis: The Canadian Intellectual Property Office’s (CIPO’s) examination of patent applications directed to medical diagnostic methods under Practice Notice PN 2015-02 is causing headaches for patent applicants and the profession. Many of the issues with the application of these guidelines stem from CIPO’s approach to purposive claim construction. This session will provide an overview of CIPO’s current medical diagnostic method practice notice, and will also contrast CIPO’s approach to purposive construction with the principles established by Canadian courts. While the discussion of the diagnostic method practice notice will be of primary interest to those dealing with patents in the life sciences area, CIPO’s approach to purposive construction also impacts the prosecution of patent applications directed to computer-implemented inventions. Jennifer Marles is a partner with Oyen Wiggs Green & Mutala LLP in Vancouver. Her practice focuses on preparation and prosecution of patent applications, particularly in the biotechnology, chemical, and medical device fields. She assists her clients with protecting their inventions both in Canada and internationally.
May 5, 2016
Guest Speaker: Georges E. Sourisseau of Sourisseau & Co. and Scott E. Foster of Gowling WLG
Meeting Title/Topic: Case Update on Geographic Trade-marks
Synopsis: In MC Imports Inc v. AFOD Ltd, 2016 FCA 60, the Federal Court of Appeal clarified the test to determine whether a geographic name is unregistrable as a trademark because it is clearly descriptive of place of origin. Georges Sourisseau and Scott Foster, counsel for AFOD Ltd. on appeal, will discuss the guidance provided by the Court, the significance of this decision to IP practitioners as well as the Leyda-Parma jurisprudential divide that existed prior to this decision. Georges E. Sourisseau is a senior trial and appellate counsel, practising at Sourisseau & Co. in Vancouver. Georges' practice focuses on all aspects of business-related and general civil litigation, including IP matters, and he is routinely retained to advise or represent parties on appeal. Scott E. Foster is a partner in the Vancouver office of Gowling WLG. He is a member of firm's Intellectual Property Group and his practice focuses on contentious IP in the fields of trademarks, patents, trade secrets/confidential information, cybersecurity, copyright, industrial designs, privacy, defamation and domain name disputes. Scott has experience advising parties on cross-border disputes and is a member of the Law Society of BC as well as the bar of England and Wales.
Comments and Observations of the Chair
Intellectual Property and Technology is a niche practice area in Vancouver. The CBABC Intellectual Property and Technology Law section meetings provide members of this small niche with the opportunity to share their experiences and reflect on legal updates. It also connects newer members with more prominent and experienced members.