The Canadian Intellectual Property Council (CIPC) recently
released a report entitled A Time for Change: Toward a New Era
for Intellectual Property Rights in Canada. The report
discusses the importance of an effective intellectual property (IP)
rights (IPR) system in encouraging innovation, ensuring economic
prosperity, and maintaining global competitiveness. It then
outlines a number of areas in which Canada's IPR regime lags
behind other nations and does not adequately protect IPRs. In
particular, it notes that counterfeiting and piracy go largely
unchecked in Canada, costing the Canadian economy an estimated $22
In its report, CIPC highlights three areas where the Canadian
IPR system falters: legislative reform; education; and
institutional support for the judicial and legal system. Focusing
on those areas, the report sets out six recommendations to address
the failings of the current Canadian IPR system and to bring it up
to international standards. Those recommendations are:
Enact legislation that implements the WIPO Internet
Enact legislation that will make both counterfeiting and piracy
criminal offences and attract stiffer penalties.
Implement an IPR border enforcement system to stem the flow of
counterfeit and pirated goods coming into Canada, through
empowering the Canada Border Services Agency to target, seize and
destroy these goods.
Establish a specialized IP Crime task force to target IP
Create an IPR Coordination Council to coordinate measures that
promote IPRs. Members of the council should include senior
government officials, IP rights holders and members of the business
Establish an IPR education program so that consumers, rights
holders and government officials can understand the importance of
IP, the effect of IP theft and ways to combat IP crimes.
Founded in 2008, the CIPC is a Canadian business-led
organization that advocates for stronger IP protection in Canada
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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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