CPATA: Reflections And Updates From An Elected Director

I am now in the final year of my three-year term as an Elected Director to the CPATA Board. It has been an eventful period, and I am grateful for the opportunity to serve. With the timing of the upcoming IPIC annual meeting in St. John's, I wanted to take this moment to share some personal reflections and invite in-person conversations or calls. I look forward to connecting with many of you at the meeting, where I'll be available for coffee or a chat about any topics on your mind. Please feel free to reach out beforehand if there's anything specific you'd like to discuss or if you're interested in talking about the future of our profession.

Meanwhile, here are some topics from the CPATA agenda that might interest you:

Board Changes: Welcoming New Leaders

I want to acknowledge the contributions of Jeffrey Astle and Leonora Hoicka, who wrapped up their tenure as board members earlier this year. Their service has been invaluable, and we are fortunate to have Scott Jolliffe and Steve Garland joining us as newly elected directors. The professionalism and expertise of our board members, both past and present, continue to elevate CPATA's work. Scott and Steve bring fresh perspectives as we continue to support the profession.

Fee Increase: Necessary Yet Under Careful Monitoring

One of the most controversial topics over the past year has been the increase in CPATA fees. I've felt this impact firsthand, both as a practitioner and as someone who leads a firm with multiple licensees. While not popular and challenging to communicate given the complexities involved, this fee adjustment was not only necessary but legislatively the only option to ensure CPATA's financial stability, given the organization's early-stage status. CPATA is building reserves, which is important for long-term sustainability. I am, however, watching closely to ensure balance with the needs of licensees. The organization's financial health must coexist with a supportive environment for patent and trademark agents across the country.

Olkowski v. CPATA: A Case of Defending a Licensee

Another significant moment was the Federal Court decision in Olkowski v. CPATA, 2024 FC 1331 (Justice Furlanetto). This case involved a judicial review challenging the decision of CPATA's Investigations Committee (IC), which dismissed a complaint against the licensee. The court upheld CPATA's decision, finding no evidence of professional misconduct. This case illustrates CPATA's commitment to fulfilling its regulatory obligations under the public interest, which can sometimes involve complex situations where licensees' professional conduct is examined. Even though no costs were awarded, the case demonstrates the importance of due process in protecting the integrity of the profession while fulfilling CPATA's mandate to protect the public interest.

Market Changes: The IPH Merger

The recent merger of Bereskin & Parr with Smart & Biggar as part of IPH is a significant event in our market. IPH's presence represents a major shift in the landscape of Canadian IP firms, and it will be interesting to see how this consolidation impacts the profession moving forward. As the industry evolves, so too must CPATA in its mandate to protect the public interest while supporting Canadian agents working within this new environment.

CPATA Outreach

Given the past communication challenges around fees and the newness of the regulator, the elected directors and I, past and present, have long advocated for direct outreach to licensees, and the timing seems ripe. In-person sessions with large Canadian IP practices, including our CEO and Registrar and at least one elected director, are currently being scheduled. I will be personally attending as many of these sessions as feasible. I am also pushing hard to schedule in-person sessions with solo, small, and mid-size practices to ensure that the regulator is in close contact with all licensees. Please reach out if you are interested in one of these sessions as we look to fulfill this important mandate.

2025 Board Elections: Encouraging Voter Turnout

As I enter the final year of my term, I want to take a moment to reflect on the importance of strong participation in our upcoming 2025 elections. It has been an honor to serve, and I strongly encourage all licensees to get involved and make their voices heard. A robust turnout will help ensure that CPATA continues to be representative of the diverse perspectives and needs of our profession. It is particularly important that solo and medium-size firms take the time to vote and ensure their voices are heard, given the increasing concentration of work and professionals in a few large firms.

While I am considering the future of my involvement, my focus remains on ensuring that CPATA continues to foster a strong and inclusive profession. I welcome any thoughts or feedback from fellow licensees as we move forward.

CPATA's Long Game: Building a Respected Profession and Supporting Canadian Innovation

Looking ahead, the long-term vision is to cultivate a strong, reputable profession that creates a positive and encouraging environment for practice while supporting the needs of Canadian innovators. The recent overhaul of the patent and trademark agent exams has been well-received, with thoughtful consultations making a real difference. The next step in modernizing our profession is the ongoing consultations on pathways to licensure and professional foundations, which are vital to ensuring that Canadian agents remain at the forefront of global innovation. Additional consultations are planned for later this year, so keep an eye on CPATA newsletters for details.

Conclusion

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