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
An uninsured driver strikes another vehicle, injuring its occupants. These injured persons obtain a settlement from their own motor vehicle insurer (pursuant to Section D of the standard policy), and they assign their action against…
Read MoreThe Editors’ Corner Michelle Black and Sean Kelly Hello! We are very pleased to be the new Atlantic Employers’ Counsel (AEC) editors. We look forward to bringing you what we hope you will find to be interesting…
Read MoreFollowing several Supreme Court of Canada decisions in the late 1990s and early 2000s, the law of constructive dismissal was well defined – or so many thought. The Court’s decision in Potter v. New Brunswick Legal…
Read MoreIn our May 20, 2014 client update, we reported on significant changes affecting automobile insurance in Prince Edward Island, including changes to no-fault benefits available under section B and changes to the damages cap for minor…
Read More2014 LABOUR AND EMPLOYMENT ATLANTIC CANADA LEGISLATIVE UPDATE As we move forward in 2015, we know our region’s employers will want to be aware of new legislation that has passed or could soon pass that…
Read MoreOn January 28, 2015, the Office of the Superintendent of Insurance issued a bulletin in Nova Scotia. The 2015 minor injury cap has been set at $8,352, an increase of 1.7 per cent over 2014.…
Read MoreIn preparing for the 2015 proxy season, you should be aware of some regulatory changes that may impact disclosure to and interactions with your shareholders. This update highlights what is new in the 2015 proxy…
Read MoreDuring the Fall 2014 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Lands Protection Act. The amendments have just been proclaimed and were effective January 1, 2015.…
Read MoreThe Editor’s Corner Clarence Bennett This issue focuses on the family and the interaction between employment and family obligations. As 2014 comes to a close, I would like to extend Seasons Greetings to all of…
Read MoreRECENT DEVELOPMENTS: DISABILITY INSURANCE POLICIES & LIMITATION PERIODS IN NOVA SCOTIA Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and “rolling” limitation periods. THORNTON V. RBC…
Read More