The Province

Canadian Mint sues Australia

Crown corporatio­n says $2 coin infringed on its protected patent

- MARIE-DANIELLE SMITH mdsmith@postmedia.com

OTTAWA — The Royal Canadian Mint is suing its Australian counterpar­t over the way it prints red poppies on its commemorat­ive Remembranc­e Day coins.

Documents filed in Australia’s Federal Court in December allege The Royal Australian Mint used without permission a printing method patented by the Canadian mint — which is now demanding Australia’s 500,000 commemorat­ive $2 coins, in circulatio­n since 2012, either be turned over to them or “destroy(ed) under supervisio­n.”

“It has become necessary for us to institute infringeme­nt proceeding­s to protect and preserve our intellectu­al property rights,” Canadian mint spokesman Alex Reeves said in a statement. “The Mint distinguis­hes itself in the global marketplac­e with its cutting-edge coin technologi­es.”

The court filings are dated Dec. 22, 2017. While the Royal Canadian Mint is a Crown corporatio­n allowed to sue other parties with its corporate name, the Royal Australian Mint is part of the Australian government — so the respondent in the case is the Commonweal­th of Australia.

According to a statement to court outlining steps taken to resolve the dispute, the Royal Canadian Mint first contacted its Australian counterpar­t two years earlier to notify them of the existence of a patent on printing technology. The Australian­s replied that they felt their methods were “sufficient­ly different to have not infringed.”

Over two years the parties tried discussing the matter with a meeting, several phone calls and several letters, but there was no resolution.

The Canadian mint first applied for a patent on a “method of printing an image on a metallic surface, particular­ly on a coin surface” in 2006. The patent was open for public inspection from 2007 and granted in 2013.

The applicants say they are aware of “infringing” Australian coins printed with coloured ink “by forming a plurality of macropores of about 0.1 to about 0.5 mm across in a designated pattern on a portion of the metal surface, forming a plurality of micropores within the macropores, cleaning the surface, applying the ink and drying the ink.”

Asked how the Canadian mint is sure the same printing method was used, Reeves said, “There was an examinatio­n. I can’t really add anything else at this time.”

Not only does the Canadian mint want to retrieve or see destroyed $2 million worth of Australian coins, they are asking the Australian mint be permanentl­y restrained from infringing the patent and from “making, selling, supplying or otherwise disposing of, using or keeping the infringing coins” without licence or authority, to admit they infringed the patent, to hand over or destroy all advertisin­g and promotiona­l materials related to the coins, and to either surrender profits or pay damages.

Both businesses are competitiv­e commercial operations that seek contracts in other countries. A 2016 annual report from the Canadian mint states its foreign circulatio­n business had risen 33 per cent over 2015, with revenue of $63.1 million.

A first case management hearing is set for Feb. 7. A representa­tive of the Royal Australian Mint did not respond to requests for comment.

 ??  ?? The 2012 Australian $2 coin commemorat­es Remembranc­e Day with an image of a red poppy.
The 2012 Australian $2 coin commemorat­es Remembranc­e Day with an image of a red poppy.

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