Collective Societies that do not Collect

The Supreme Court has endorsed several principles of copyright law and particular considered legislative provisions in the Act surrounding collective societies. However, questions remain following the decision. How will creators and collective societies enforce the rights that they share under the Copyright Act and how will users face the challenges of determining what value do they owe the creator and the creator’s representative agent to utilize the protected work.

Registrants will receive an on-demand recording following this webcast.

Speakers

Jeremy de Beer, Faculty of Law, University of Ottawa
Ysolde Gendreau, faculté de droit, université de Montréal

Moderator

Jay Zakaïb, Partner, Gowling WLG

Break out Sessions:
(participants to choose one - 30 minute session)

1. Continuing the Copyright Discussion
Moderator: Jay Zakaïb, Partner, Gowling WLG

2. Five years into litigation under the "new" PM (NOC) Regulations: what have we learned?
Moderators:
Andrew Skodyn, Partner, Blake, Cassels & Graydon LLP
David Yi, Norton Rose Fulbright

3. NFTeasers: non-fungible tokens (NFTs) and related IP issues (patent, trademark, copyright, monetization, enforcement)
Moderators:
Madison Maccoll, Associate, Gowling WLG
Isi Caulder, Bereskin & Parr LLP

4. Summary disposition in IP cases
Moderators:
Veronica Tsou, Lawyer, Lenczner Slaght LLP
Mat Brechtel, Partner, Seastone IP LLP

1:00-1:30 pm

The First Judicial Interpretation of the New Prior Use Defence – Added Clarity or Complication?

The panel will start with a brief overview of the changes to the prior use defence as a result of December 2018 amendments to section 56 of the Patent Act as well as the first judicial interpretation of this new prior use defence in Kobold Corporation et al. v NCS Multistage Inc., 2021 FC 1437.

Focusing on the requirement to relate the prior use to the inventive concept of the patent, the panel will consider the Court’s three-part test for whether the prior use defence applies.

The panel will comment on whether the new prior use defence is the expected expansion of prior user rights or a contraction. Time-permitting, the panel will also highlight some of the questions raised by the new prior use defence, address whether they have been resolved by the Court, and discuss whether new questions have emerged from the Court’s interpretation of section 56.

Speakers

Judith Robinson, Senior Consultant, Fineberg Ramamoorthy LLP
Jenene Roberts, Counsel, Lenczner Slaght LLP

Moderator

Faylene Lunn, Partner, Osler, Hoskin & Harcourt LLP