Canadian Patent & Trademarks Update: Bill C-85

November06

Canadian Patent & Trademarks Update: Bill C-85

On October 29th Bill C-86, purposing changes to the Patents Act and Trade-marks Act, was tabled in the House of Commons.

Some of the purposed changes to the Patent Act include:

  • Providing rights to the Governor in Council to regulate standard essential patents (patents related to technology that needs to comply with technical/industry standards)
  • Changes to the definition of Prior Use
  • Adding provisions for protection from infringement for experimentation, granting it is not for commercial use

Some of the purposed changes to the Trade-marks Act include:

  • Adding bad faith as a grounds for opposition in a trademark registration
  • The ability granted to the Registrar to remove official marks that are owned by entities that no longer exist
  • Proof of use for the registered mark will be required in actions regarding infringement and depreciation of goodwill up until the third anniversary of the registration
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