Apr 26 2018

On April 26, 2018, in conjunction with World IP Day, the Government of Canada announced its highly anticipated National Intellectual Property Strategy.

What is the goal of the Government’s IP Strategy?

To support and strengthen Canada’s innovation economy resulting in commercial success for innovators and creators, job creation and further discoveries benefitting Canadians.

How will this affect business owners and inventors?

Enhanced protection for their ideas, creations and innovations will assist business owners and inventors realize the rewards of their creations and inventions through commercialization.

Some of the highlights from this announcement included:

College of Patent and Trademark Agents

• Mandatory for registered agents
• Mandatory code of ethics
• Continuing education requirement
• Higher professional standards

This independent oversight body will support the provision of quality advice from IP professionals.

Amendments to IP Legislation

• Minimum requirements for patent demand letters
• Exclude settlement demands from the copyright Notice and Notice regime
• Reinforce the importance of use in the trademark regime
• Patent research exemption
• Standard essential patents
• IP licences in bankruptcy proceedings
• Enhanced and strengthened IP agent governance

The various contemplated amendments are intended to support the Government’s IP Strategy by removing barriers to innovation and reducing or eliminating opportunities for using IP in bad faith that result in roadblocks to innovation.

Other announcements included:

IP Tools

• Expedited IP dispute resolution
• Pilot Project: The Patent Collective (2019-2020)
• IP and standards-setting strategy
• IP marketplace

Previously announced highlights regarding IP awareness & education include:

• IP awareness
• Building expertise through learning and education
• IP awareness and use survey
• Indigenous IP issues
• IP legal clinics
• New team of IP Advisors

Education and awareness programs and tools will foster greater understanding among business owners and inventors about IP and will assist them in developing their own IP action plans.

The Canadian Intellectual Property Office (CIPO) also released a series of resources on the CIPO website that include seminars and training, fact sheets, roadmaps and more to direct business owners and innovators to ensure they’re on the path to success.

Further details can be obtained by visit the official Canadian Intellectual Property Office website.

At this time, we await additional details on the IP strategy developed by the Government of Canada and will advise when these become available at a later date.

Author: Janet Fuhrer (former partner)

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Tags: CIPO, Government of Canada, World IP Day