Order Fixing October 30, 2019 as the Day on which Certain Provisions of (1) the Economic Action Plan 2014 Act, No. 2; and (2) the Economic Action Plan 2015 Act, No. 1 Come into Force: SI/2019-46
Canada Gazette, Part II, Volume 153, Number 14
SI/2019-46 July 10, 2019
ECONOMIC ACTION PLAN 2014 ACT, NO. 2
ECONOMIC ACTION PLAN 2015 ACT, NO. 1
Order Fixing October 30, 2019 as the Day on which Certain Provisions of (1) the Economic Action Plan 2014 Act, No. 2; and (2) the Economic Action Plan 2015 Act, No. 1 Come into Force
P.C. 2019-916 June 22, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry,
- (a) pursuant to subsection 142(2) of the Economic Action Plan 2014 Act, No. 2, chapter 39 of the Statutes of Canada, 2014, fixes October 30, 2019 as the day on which sections 114 to 141 of that Act come into force; and
- (b) pursuant to subsection 72(2) of the Economic Action Plan 2015 Act, No. 1, chapter 36 of the Statutes of Canada, 2015, fixes October 30, 2019 as the day on which sections 50 to 53, 56 to 62, 64 and 65 of that Act come into force.
(This note is not part of the Order.)
The Order fixes October 30, 2019, as the day on which certain provisions, as specified in the Order, of the Economic Action Plan 2014 Act, No. 2, and the Economic Action Plan 2015 Act, No. 1 come into force.
The objective of the Order is to establish the coming into force of amendments to modernize Canada’s legislative framework for patents and implement the Patent Law Treaty (PLT) which will allow for Canada’s ratification of the PLT. The PLT is an international law treaty that establishes common requirements regarding many of the procedural formalities relating to national patent applications and patents.
The Government of Canada is moving to modernize Canada’s intellectual property (IP) regime and join several international IP treaties, including, in regards to patents, the PLT which Canada signed in 2001. Implementing the PLT will better align Canada’s existing patent regime under the Patent Act and the Patent Rules with those of its major trading partners that are already members of the PLT, including the United States, Australia, France and the United Kingdom.
The PLT is an agreement administered by the World Intellectual Property Organization (WIPO) that aims to simplify administrative practices of national IP offices and harmonize them with respect to the patent application process. It sets standards and rules regarding what national patent offices may or may not require from applicants and requires that certain safeguard mechanisms be put in place to protect applicants. It does not address elements of substantive patent law (for example what is patentable). There are currently 40 countries that are party to the PLT.
Joining the PLT will complement Canada’s membership in the Patent Cooperation Treaty (PCT), which is a separate international treaty administered by WIPO that governs an international filing system allowing applicants to apply for a patent in as many as 152 contracting states through a single application. Canada has been a member of the PCT since 1990. While the PCT system makes it easier and more cost effective to seek patent protection in multiple jurisdictions, implementing the PLT will increase predictability and certainty for applicants and patentees dealing with the Canadian patent system.
Changes to the Patent Act to implement the PLT received royal assent on December 16, 2014. Additional amendments to the Patent Act that further modernize the Canadian patent framework received royal assent on June 23, 2015.
Implementing the PLT will reduce red tape by eliminating restrictive procedural requirements and will introduce important safeguard mechanisms. At the same time the Patent Rules are being modernized to reflect current policy intentions and to increase the alignment of Canada’s laws and regulations with those of its major trading partners; the modernization effort will make the Canadian marketplace more appealing to foreign entrants.
In addition, Budget 2017 launched the Innovation and Skills Plan with the goal of making Canada a world-leading centre of innovation. The Government announced that, as part of the Innovation and Skills Plan, it would develop a new IP Strategy to help ensure that Canada’s IP regime is modern and robust and supports Canadian innovators in the 21st century. On April 26, 2018, the Government subsequently launched the Canadian IP strategy with the goal of ensuring innovators have easier access to an IP regime that can help them grow. A section of this strategy includes updating Canada’s IP legislation to reduce barriers for businesses, clarify acceptable practices and prevent the misuse of IP rights. The amendments being made to the Patent Act and the related amendments to the Patent Rules are consistent with the goals of the Government’s Innovation and Skills Plan and IP strategy.
Since royal assent to the amendments to the Patent Act was granted, extensive consultations with stakeholders have been held; amendments to the Patent Rules have been made; and the Canadian Intellectual Property Office (CIPO) has updated its processes and information technology systems. This Order will bring the amended Patent Act into force on October 30, 2019, providing the authority for the new Patent Rules to come into force on that day as well.
Canada’s implementation of the PLT and modernizing of the patent framework will support the objectives of the IP strategy (as part of the Innovation and Skills Plan), by improving Canada’s patent framework, further aligning it with the patent frameworks of our major trading partners and reducing the administrative burden for innovative Canadian businesses.
The costs of bringing into force these sections of the Economic Action Plan 2014 Act, No. 2 and the Economic Action Plan 2015 Act, No. 1 will be managed within the existing resources of CIPO.
CIPO will implement a proactive communication plan to promote the overall changes to the Patent Act and Patent Rules. CIPO will focus communication efforts on its website, through social media and targeted engagement with stakeholders.
These amendments do not have Federal-Provincial-Territorial implications for Canada.
CIPO has actively engaged with stakeholders (e.g. IP agents who are regular users of the Canadian patent system) about the legislative and regulatory changes.
For more information, please contact
Canadian Intellectual Property Office
Innovation, Science and Economic Development Canada