Legal provisions to assist applicants affected by the natural disasters in Japan
The Canadian Intellectual Property Office (CIPO) would like to remind applicants who were affected by the natural disasters that have hit Japan recently of the legal provisions which may be available to them to minimize the loss of rights. While CIPO cannot provide for additional measures than those currently specified in law, Canadian intellectual property legislation and regulation do offer, in some circumstances, the possibility of extension and/or reinstatement.
The specific provisions are detailed below. Please refer to the appropriate section for further information:
- Priority period – see section 28.4 of the Patent Act as well as section 88 and section 89 of the Patent Rules
- Extensions of time – see section 26 and section 27 of the Patent Rules
- Reinstatement – see subsection 73(3) of the Patent Act and section 98 or section 152 of the Patent Rules
- Priority period – see section 34 of the Trade-Marks Act
- Extensions of time – see subsection 47 (1) of the Trade-Marks Act, and Practice Notices "Extensions of Time in Examination", "Practice in Trade-mark Opposition Proceedings" and "Practice in Section 45 Proceedings"
- Retroactive extension – see subsection 47 (2) of the Trade-Marks Act
- Priority period – see section 29 of the Industrial Design Act as well as section 20 of the Industrial Design Regulations
- Reinstatement of application – see subsection 5 (4) of the Industrial Design Act and section 17 of the Industrial Design Regulations
- Extension of time – see Section 7 of the Industrial Design Office Practices