On October 23, 2014, as part of the fall budget bill, the
federal Government quietly tabled the second in a series of substantial reform
packages to Canada’s existing intellectual property regime. Following the
introduction of new trademark laws earlier this year, a similar update of
Canada’s industrial design and patent laws will take effect when the bill is
passed.
The patent reform appears designed to harmonize Canada’s
existing framework with that of its key trading partners, while at the same
time making the system friendlier and more accessible to applicants. For
example, a number of new provisions will simplify the process of filing and
maintaining applications in effect. Unintentional abandonments of rights will
also now have no impact on the validity of otherwise properly issued patents.
While not as extensive as the patent law reforms, the bill
also includes many significant updates to Canada’s industrial design laws.
Industrial designs offer a relatively simple and inexpensive mechanism for
protecting the ornamental appearance (as opposed to function) of a product or
article. Most significantly, the new laws will pave the way for Canada’s
adoption of the Hague Agreement on
Industrial Designs, which allows for design protection around the world
through a single application.
By addressing notable deficiencies in the current system,
these legislative reforms are both a welcome development and long overdue.