Proposed Changes to IP Law: Will they impact your business?
Many businesses rely on trade-mark, copyright, and patent law for the protection of their intellectual property (IP). The Federal Government recently proposed changes to IP laws, which may impact your business. Bill C-86, Budget Implementation Act, 2018, No. 2 includes changes to the Copyright Act, Trade-marks Act, and other IP legislation, as summarized below.
What is changing?
Trade-marks Act
Changes to this Act include:
- The introduction of bad faithas a ground of opposition to the registration of a trademark, or to invalidate a registered trademark within three years of registration. These changes seek to prevent the abusive use of the trademark regime by those who register trademarks for the purpose of extracting payment from the legitimate owner of the trademark (similar to “cyber-squatters”).
- New rules to allow the Registrar to award costs against parties for abusive practices during trademark registration proceedings.
- Changes to help prevent “official marks” (badges, crests, emblems or marks) owned by government entities that no longer exist from creating obstacles to trademark registration.
Further information on the changes can be found here.
Copyright Act
Changes to this Act include:
- The reform of the Copyright Board to expedite its decision-making process. The Board’s budget will be increased, and its mandate to be “fair and equitable” will be formalized.
- New rules to require the Board to act informally and expeditiously, and to fix royalties and levy rates that are fair and equitable, considering (1) what a willing buyer and willing seller would agree to in an open market, and (2) the public interest.
- The establishment of a case management process to facilitate the timely resolution of matters before the Board.
Further information on the changes can be found here.
Patent Act
Changes to this Act include:
- New rules to prevent parties from sending deceptive or unsubstantiated patent demand letters (commonly known as “cease and desist letters”). These letters will be subject to new standards, and parties who receive deceptive letters that do not meet the standards will be able to seek redress from Canada’s Federal Court.
- Changes to clarify that it is not an infringement of patent rights to conduct research on the subject matter of a patent.
- Changes to “prior use rights” regarding patents so that a business is not required to cease operations if a patent is filed that covers its existing operations.
Further information on the changes can be found here.
Other changes
Other changes to IP legislation include:
- The establishment of a College of Patent and Trademark Agents to regulate the conduct of IP agents. Further information on the College can be found here.
- Changes to privacy and access to information legislation to recognize IP agent-client privilege. This means that communications between IP agents and their clients will be subject to the same protections as communications between lawyers and their clients (commonly known as “solicitor-client privilege”) under that legislation.
When will these changes take effect?
The above changes are subject to Bill C-86 being passed in its current form. It is currently before the House of Commons, and it must be approved by both the House and Senate to become law. The Bill’s progress, and dates that specific provisions of the Bill come into force, can be tracked here.
Further discussion
Stewart McKelvey’s Intellectual Property Law Group has extensive experience assisting clients to develop, protect and enforce their IP rights. If you would like to discuss the above changes or how they may impact your business, please contact a team member here.
Archive
IN THIS ISSUE: Putting Trust in your Estate Planning, by Paul Coxworthy and Michael McGonnell The Risks, for Insurers in Entering Administration Services Only (ASO) Contracts, by Tyana Caplan Angels in Atlantic Canada, by Allison McCarthy, Gavin Stuttard and Adam Bata…
Read MoreBill 31, An Act Respecting Human Rights, came into force on June 24, 2010 replacing the Human Rights Code (the “Code”). For more information, please download a copy of this client update.
Read MoreIN THIS ISSUE Expanded Fines and Penalties for Environmental Offences: The New Federal Environmental Enforcement Act Spam about to be Canned? Preparing a Business for Sale Business Disputes Corner – Place of Arbitration and Selected…
Read MoreThe Nova Scotia Court of Appeal has unanimously upheld the province’s legislative limits on general damage recovery for “minor injuries”. Today’s decision, authored by Chief Justice Michael MacDonald, completely affirms the January 2009 decision of…
Read MoreThe Canada Revenue Agency (“CRA”) announced helpful administrative positions concerning the new rules under the Fifth Protocol to the Canada-US Income Tax Convention, 1980 which will come into effect on January 1, 2010. The CRA…
Read MoreIN THIS ISSUE Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651 When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland &…
Read MoreWithholding tax and other issues under the Fifth Protocol The Fifth Protocol to the Canada-US Tax Convention, 1980 introduced significant changes which may affect the use of most unlimited companies and other so-called ULCs. These…
Read MoreIN THIS ISSUE An Eye for an Eye: Alberta Court of Appeal Upholds Finding of Retaliation Liability as a Result of Generosity in Quebec Undue Hardship Established in Scent Case Parents of Twins Get Double…
Read More- « Previous
- 1
- …
- 56
- 57
- 58