New Amendments Coming to Intellectual Property Legislation

May 21st, 2015 by

Bill C-59, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, was introduced to Parliament on May 7, 2015 to implement portions of the budget. The proposed changes include amendments to all intellectual property legislation in Canada.  Some highlights of these changes are:

Copyright Act

Copyright term for sounds recordings and performance rights will be extended from 50 years to 70 years following the date of the release of the sound recordings.

Trade-marks Act

Communication with trade-mark agents shall be granted similar statutory privilege for confidential communications with clients as is currently granted to lawyers.

The amendments shall also grant the Canadian Intellectual Property the ability to extend deadlines in cases of force majeure events such as floods or ice storms.

The registrar of trade-marks will also be granted increased powers to correct errors in registrations, where previously the position of the registrar’s office was that it had no specific jurisdiction to change incorrectly allowed or registered trade-marks and that the aggrieved trade-mark owner or potential opponent’s sole remedy was to apply to the Federal Court of Canada for relief.

Industrial Design Act

The amendments create the ability to correct obvious errors in granted industrial designs, to correct errors in submitted documents and adds provisions for extensions of time for force majeure events.

Patent Act

The amendments add provisions relating to correcting mistakes and fees, and extensions of time for force majeure events. The provisions also add privilege for communications with patent agents akin to solicitor-client privilege.

The full text of Bill C-59 can be found here.

If you have any intellectual property questions or need expert advice, contact one of our intellectual property lawyers.


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