Question Period Note: INTELLECTUAL PROPERTY

What is the Government of Canada doing to equip Canadian entrepreneurs to protect and leverage their intellectual property (IP)?

• Canadians are smart, creative and innovative and they need the know-how and tools to protect and leverage their ideas for commercial success.

• In Canada’s increasingly intangible economy, protection and strategic use of IP is becoming more important.

• That is why the Government of Canada created the Intellectual Property Strategy to help Canadians understand the value of their IP and give them tools to leverage it.

• Companies that can leverage their IP through a range of strategies are better positioned to grow and contribute to the wealth of the country.

SUPPLEMENTARY MESSAGES

If pressed on Blackberry exploring the sale of patents:
• The global marketplace of patents plays a critical role in the global economy. Strong competition in a free and open market drives entrepreneurship and innovation, which leads to lower prices and more choice for Canadian consumers.
• The leadership of public corporations is ultimately accountable to their shareholders for the decisions taken in advancing IP strategies.
• The government has aimed to foster a stronger culture of IP in Canada through the National IP Strategy, which encourages all parts of the innovation ecosystem to be strategic and savvy in their IP posture.

If pressed on the sale of Blackberry patents to Huawei:

• The government is not privy to all the details of this private transaction but is committed to doing everything it can to ensure Canadians benefit as much as possible from domestic innovation.
• Due to the confidentiality provisions of the ICA, we cannot speak to details of individual transactions.

On April 26, 2018, a number of IP programs and initiatives were introduced to help Canadian entrepreneurs better understand and protect IP. These include:
• Amendments to key IP laws to reduce barriers to innovation, including to the Patent, Copyright and Trademarks Acts to clarify acceptable practices and to prevent misuses of IP rights; and
• The creation of a College of Patent and Trademark Agents to ensure that professional and ethical standards are maintained, and support the provision of quality advice.

Additional programs and initiatives focusing on education, awareness and outreach, including:
• An IP awareness and use survey, to be conducted by Statistics Canada to help understand how Canadians are using IP;
• An awareness and education program, led by the Canadian Intellectual Property Office to increase organizations’ understanding of IP;
• Establishing better IP governance in the government;
• Creating a team of IP experts to provide advice to federal government program officers working with businesses, creators, and officials to boost engagement with IP; and
• Support for IP Clinics at law schools, which provide basic IP advice.

Initiatives that provide strategic IP tools for growth including:
• Accelerated dispute resolution at the federal court on IP issues and expedited tariff setting by the Copyright Board;
• An IP marketplace that will provide one-stop web-based access to IP owned by Canadian governments and universities that can be bought or licensed;
• Support for the inclusion of Canadian-owned IP in international standards;
• A patent collective to enable firms to share IP expertise.

Bill C-86 included amendments to key IP frameworks, including the Patent, Copyright and Trademarks Acts that clarify acceptable practices and prevent misuses of IP rights. Bill C-86 received Royal Assent in December 2018 and most of these amendments are now in force.

CUSMA

The CUSMA creates new minimum standards across all areas of IP protection and enforcement.

The IP chapter provides Canadian exporters and investors with a predictable and transparent framework of rules across the North American marketplace.

CUSMA requires a number of changes to Canada’s IP laws, notably:
• A patent term adjustment in respect of “unreasonable” patent office delays.
• A general term of copyright protection of “life plus 70 years” for works of authorship (Canada currently has a term of “life plus 50 years”).

Work on implementing these obligations is ongoing. Canada has a transition period of 4.5 years to implement patent term adjustment and 2.5 years on term of protection for copyright, following the entry into force of the agreement to implement these obligations.

The new agreement also includes provisions on Internet service provider liability to address online infringement, which enable Canada to maintain its current “notice-and-notice” regime.

FOREIGN ACQUISITION OF CANADIAN IP

Strategic use of IP can take different forms, including direct commercialization, licensing the technology to others to commercialize, and selling IP at a profit. The ideal approach will depend on different market variables. For these reasons, the IP Strategy is agnostic as to how IP is best leveraged and instead focuses on ensuring that companies make informed decisions.

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