On October 23, 2014, Canadian Minister of Finance Joe Oliver
introduced and moved for first reading of Bill C-43, A Second
Act to Implement Certain Provisions of the Budget Tabled in
Parliament on February 11, 2014 and Other Measures, also known
by its short title Economic Action Plan 2014 Act, No.
The Bill seeks to, among other things, make Canada's
Industrial Design Act and Patent Act consistent
with the Hague Agreement Concerning the International
Registration of Industrial Designs and the Patent Law
In its summary section, the Bill states the following with
respect to those purposes:
Division 1 of Part 4 amends the
Industrial Design Act to make that Act consistent with the
Geneva (1999) Act of the Hague Agreement Concerning the
International Registration of Industrial Designs and to give
the Governor in Council the authority to make regulations for
carrying it into effect. The amendments include provisions relating
to the contents of an application for the registration of a design,
requests for priority, and the term of an exclusive right for a
It also amends the Patent
Act to, among other things, make that Act consistent with the
provisions of the Patent Law Treaty. The amendments
include reducing the requirements for obtaining a filing date in
relation to an application for a patent, requiring that an
applicant be notified of a missed due date before an application is
deemed to be abandoned, and providing that a patent may not be
invalidated for non-compliance with certain requirements relating
to the application on the basis of which the patent was
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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