Trouble with IP in Canada

Our friendly neighbors to the North are dealing with some of their own intellectual property issues as old trademark, patent and copyright laws and being brought to the table again for revisions. This could have huge implications for creators in Canada and the trade of ideas with Canada. Read below for more information.

Managing IP has published a
supplement on Canada
, looking at some of the biggest issues
facing the country’s IP system

Canada is undergoing some profound changes, the most
prominent of which is the biggest overhaul of its Trademarks
Act in 60 years. Recent legislative tweaks have also been made
to the Copyright Act, Patent Act and Industrial Design Act, as
well as the Combating Counterfeit Products Act.

In addition to analysing these legislative trends, the
supplement also looks at two other important topics in Canada:
injunctions in the age of the internet and patent

Click on the headlines below to read articles from the

hard Acts to follow

IP practitioners in Canada have had their work cut out
keeping on top of the barrage of legislative changes that have
come their way in the past two years. Now the challenge is to
implement them, reports Michael Loney

injunctions in the age of the

Bradley White, Vincent de Grandpré and Brad Jenkins
of Osler discuss what the rise of the internet and the scope
for online presence has meant for jurisdictional borders when
enforcing IP rights

antibodies to X-rays: an overview of patent eligibility in

The trend for deciding patentability based on subject-matter
eligibility is growing. David Schwartz and Sanro Zlobec of
Smart & Biggar look at the situation in Canada, where the
relevant jurisprudence remains scant

In addition, further detail was recently given on the
implementation of the Trademark Act amendments. It seems these
will now occur in 2018, a longer wait than the 2016 or 2017
that the market generally assumed. You can read more on that

Since the supplement was published, the final details of the
Trans-Pacific Partnership have been announced. Look out for our
December/January issue cover story for full analysis of the
agreement, including the implications for Canada. The story
will be published next month. 

The TPP is causing a lot of concerns in
Canada. Jim Balsillie, former co-CEO of Research in Motion, has
slammed the deal. “I’m not a partisan actor, but I
actually think this is the worst thing that the Harper
government has done for Canada. I think in 10 years from
now, we’ll call that the signature worst thing in
policy that Canada’s ever done,”
he told The Canadian Press

A big change for Canada in the TPP would
be changing the copyright protection to 70 years from 50

Prominent digital rights blogger and
professor Michael Geist has also been critical of the TPP. He
says the implications for digital policies on copyright and
privacy should command considerable attention.

“On those fronts, the agreement appears to
be a major failure,” Geist wrote
in a recent blog post
. “Canadian negotiators adopted a
defensive strategy by seeking to maintain existing national
laws and doing little to extend Canadian policies to other
countries. The result is a deal that the US has rightly
promoted as ‘Made in America’.”