Canadian Government proposes to give statutory privilege to patent and trademark agents

Excerpts from 2015 Budget-Action  plan:

“Intellectual property is a valuable strategic asset for businesses competing in local

and global markets. The Government has a strong record of taking action to ensure

Canada’s intellectual property framework provides robust, balanced protection for

consumers and rights holders. The 2012 Copyright Modernization Act updated

Canada’s copyright laws for the digital age; the Combatting Counterfeit Products Act

implemented new measures to address the serious problem of counterfeit goods;

and Economic Action Plan 2014 harmonized Canada’s intellectual property

administration framework with international norms, helping innovative Canadian

businesses access international markets, lowering costs and reducing the regulatory

burden and red tape.


Building on these measures, Economic Action Plan 2015 proposes to further

modernize Canada’s intellectual property framework to keep pace with

internationally recognized best practices. The Government will propose

amendments to the Patent Act, Trade-marks Act and Industrial Design Act to provide

intellectual property agents with a statutory privilege for confidential

communications with clients, enhancing Canada as a place in which to invent and

market inventions. This measure will bring Canada’s framework in line with other

common law countries such as Australia, New Zealand and the United Kingdom.

Amendments will also be proposed to modernize administrative practices and

increase clarity and legal certainty for businesses. For example, proposed

amendments would provide the Canadian Intellectual Property Office with the

ability to extend key deadlines in cases of force majeure events such as floods or

ice storms.”

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