Chapter 7 : Intellectual Property Rights
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Objective
APEC
economies will: a. in conformance with the principles of
the TRIPS Agreement: -
ensure
adequate and effective protection, including legislation, administration and enforcement
of intellectual property rights, -
foster
harmonization of intellectual property rights systems in the APEC region, -
strengthen
public awareness activities and -
promote
dialogue on emerging intellectual property policy issues, with a view to further
improve intellectual property rights protection and use of the intellectual
property rights systems for the social and economic benefit of members. b.
address the
challenges for intellectual property rights arising from the rapid growth and
developments of the New Economy by: -
establishing
legal frameworks to promote creative endeavor and encourage on-line activity; -
ensuring a
balance between the different rights and interests of copyright owners, users
and distributors; -
establishing
an appropriate balance among all stakeholders, including content providers
and ISPs in terms of the liabilities for infringing intellectual property
on-line; and -
providing
incentives for innovation without sacrificing the community’s interest in
reasonable access to information. |
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Guidelines
Each APEC
economy will: a. ensure that intellectual property rights are granted through expeditious, simple, and cost-effective procedures; b. ensure that adequate and effective civil and administrative procedures and remedies are available against infringement of intellectual property rights; and c. provide
and expand bilateral technical cooperation in relation to areas such as
patent search and examination, computerization and human resources
development in order to ensure adequate intellectual property right protection
in compliance with the TRIPS Agreement. |
Collective Actions
APEC
economies will take the following collective actions: a. Deepening the Dialogue on
Intellectual Property Policy; b. Support for Easy and Prompt
Acquisition of Rights: (i) Participation in International
IP-related Systems (ii) Establishing Internationally
Harmonized IPR Systems (iii) Cooperation on Searches and
Examinations; c. Electronic Processing of IPR-related
Procedures: (i) Electronic Filing Systems (ii) Dissemination of Information by
Electronic Means; d. Appropriate Protection of IPR in New
Fields: (i) Protection for Biotechnology and
Computer-related Inventions (ii) Protection for Geographical
Indications (iii) Electronic commerce; e. Cooperation for Improvements to the
Operation of IP System; f. Establishing Effective Systems for
IPR Enforcement: (i) Establishment of Enforcement
Guidelines (ii) Exchange of Information Concerning
IPR Infringement (iii) Cooperation with other
fora/authorities g. Promoting IP Asset Management in APEC
Economies; h. Raising Public Awareness; i. Facilitation of Technology Transfer
through Ensuring IP Protection. The current
CAP relating to intellectual property rights can be found in the Intellectual
Property Rights Collective Action Plan. |
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{Economy’s} Approach to
Intellectual Property Rights in {Year}
Canada’s approach to intellectual property rights is
to provide a comprehensive system of protection for intellectual property
rights, which provides a balance between the protection of creators and
owners and the needs of those who use these creations. Our goal is to encourage innovation and
creativity and at the same time, promote the diffusion of inventions, works,
and knowledge in order to benefit society as a whole. Canada=s system is premised on the belief that intellectual
property rights are property rights usually best enforced by the right
holders themselves.
Canada is a signatory to several international treaties regarding
intellectual property and actively participates in several international fora
to promote further improvements in intellectual property in the global
environment. Canada has fully
implemented the TRIPS Agreement to reflect this commitment. Canada also encourages and assists other countries
with less developed policies and legal structures to improve their own
practices in response to requests from these countries in the context of
international initiatives, mainly in close collaboration with WIPO. Main IP websites in Canada include: Regarding the administration and
registration of intellectual property laws: please
visit http://cipo.gc.ca Regarding intellectual property
policies please visit: http://strategis.ic.gc.ca/SSG/ http://www.pch.gc.ca/culture/c http://www.dfait-maeci.gc.ca/t In the interest of coordinating
our efforts we have one APEC-IPEG contact point for intellectual
property issues: Policy
Advisor - Intellectual Property Rights
Information and Technology Trade Policy Division (EBT)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario Canada K1A 0G2
Telephone: +1 613 944-2028 Facsimile: +1 613 944 0066 |
Chapter 7 : {Economy’s} General Approach to Intellectual Property Rights in {Year} |
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Section
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Improvements Implemented Since Last IAP |
Current Situation Regarding Laws and
Administrative Procedures |
Further Action Planned |
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No further action has been
required. |
Technical
cooperation is provided through advice and training for industrial property
officials, participation in symposia, seminars and conferences on
intellectual property rights, under the aegis of WIPO and/or APEC. Canada
participates actively in the WTO Council for TRIPS, including review of TRIPS
provisions on patents, geographical indications, NVNI, protection of life
forms, and of national implementing legislation. Continued
participation in the negotiations of the multilateral system of notification
and registrtion of geographical indications for wines and spirits. The main IP
websites in Canada include: Regarding
the administration and registration of intellectual property laws, please
visit: http://cipo.gc.ca; And
regarding intellectual property policies, please visit http://strategis.ic.gc.ca/SSG/ http://www.pch.gc.ca/culture/c http://www.dfait-maeci.gc.ca/t |
Canada will continue to provide
ongoing technical cooperation, advice and training for intellectual property
officials, participation in symposia, seminars and conferences on
intellectual property. Consultations may be undertaken on the need to amend
the Trade-marks Act to take account of technological evolution, especially in
the digitally networked environment. |
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Ensuring the Expeditious Granting of IP Rights |
CIPO has increased its operational capacity
by hiring more examiners. This enables CIPO to better deal with the increased
volume of applications CIPO has witnessed. A new fee structure for patents, trade-marks, industrial designs and
copyrights has been approved and will come into force January 1, 2004. The fee changes
will assist CIPO address service delivery improvements, including reductions
of turnaround times and inventories. Revenues generated by fee increases will be utilized to continue the increase of CIPO’s operational capacity by hiring principally more patent
examiners. The Office has been approved to become an International Searching
Authority and International (ISA) Preliminary Examining Authority (IPEA) by
the World Intellectual Property Organization. In the pursuit of Canadian Government’s objective of making
information and services available on-line, CIPO is offering the majority of
the services and products through Internet. |
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CIPO will begin to offer its new services
as ISA and IPEA in the second half of 2004. Canada is committed to meeting the Canadian Government's objective to
have all of its services available on-line, and fully integrated into the
business processes. CIPO is continuing work towards this goal by gradually offering increased e-services to
its clients. |
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Effective Enforcement of IP Rights |
Canada signed the Council of
Europe=s Convention
on Cybercrime (2001). Canada continued to monitor intellectual property
rights to maintain an effective enforcement regime. |
Canada provides for a variety of
mechanisms to deal with intellectual property rights. Several departments and agencies have a
role in the enforcement of intellectual property rights. It is the responsibility of the
intellectual property holders to monitor and protect their rights. Right holders may take legal action through the
judicial system. Possible remedies include damages, injunctions, and seizures
of goods. There are also criminal
enforcement mechanisms in relation to wilful trademark counterfeiting and
copyright piracy on a commercial scale, in accordance with TRIPS. |
Canada
will be involved in domestic consultations regarding possible amendments to
IP laws |
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Awareness of IP, enhanced IP user
skills |
CIPO
has in place an Outreach Program that will increase awareness, knowledge and effective
use of IP by Canadians. This program is delivered in cooperation with key
partners, and targeted at Canadian SMEs, innovators and creators. The program raises awareness of IP
and encourages citizens and businesses to use-
or make a more effective use- of the IP system to stimulate innovation and
provide competitive advantage in the marketplace. Canada continued to consult with
its stakeholders to review the relevance of products and services provided to
clients in light of the current legislative and regulatory IP administration
framework. CIPO=s Trade-marks Branch has hired additional examiners
to better deal with the increased volume of applications. The TM
Branch further undertook a re-engineering exercise to better serve its
clients as well as the implementation of a new automated trade-mark search
service. Building on its existing trade-marks electronic filing system, CIPO
has implemented electronic filing systems for all its IP. All electronic filing systems allow for
secure online electronic payment of fees. |
CIPO is currently
engaged in the following activities: - Development of strategic alliance with
national association of IP practitioners - Collaborative arrangement with a
national network of business advisors - Promotional activities across the
country - Inventory and gap analysis of
publications on IP - Visits to some foreign IP offices to
exchange best practices and lessons’ learned - Development of performance measurement approach to Outreach
activities. Relevant websites include: http://strategis.ic.gc.ca/SSG/ http:/
http://www.pch.gc.ca/culture/c http://www.dfait-maeci.gc.ca/t |
more effective
use of electronic communication means while at the same time making a
strategic use of direct person-to-person contacts across the country;
fostering a culture of innovation through partnerships to deliver seminars
and workshops on IP combined with an enhanced use of the Internet. |
Improvements in {Economy’s} Approach to Intellectual Property Rights since 1996 |
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Section |
Position at Base Year (1996) |
Cumulative Improvements Implemented
to Date |
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Position |
Canada=s approach to intellectual property rights is to
provide a comprehensive system of protection for intellectual property
rights, which provides a balance between the protection of creators and
owners and the needs of those who use these creations. Our goal is to
encourage innovation and creativity and at the same time, to promote the
diffusion of inventions, works and knowledge in order to benefit society as a
whole. Canada=s system is premised on the belief that intellectual
property rights are property rights usually best protected by the right
holders themselves. |
Canada became a party to the 1961
Rome Convention for the protection of Performers, Producers of Phonograms and
Broadcasting Organizations on June 4, 1998.
Canada also joined on September 28, 1998, the 1971 version of the
Berne Convention for the Protection of Literary and Artistic Works. Canada has updated the Copyright Act. 1997 amendments include remuneration rights to
producers and performers of sounds recordings; private copying remuneration
scheme, enhanced remedy provisions as well as limited exceptions in favor of
a number of specific users such as non-profit educational institutions,
libraries, archives and Museums. On June 22, 2001, the Government of Canada published
AA Framework
for Copyright Reform@ which
outlines the context and process for reform and sets out its intention to
consider further possible amendments that may be necessary to keep pace with
technological and international developments. Further domestic consultations were held early 2002
on the basis of two policy papers. The first is the "Consultation Paper
on Digital Copyright Issues@ which
explores potential solutions to key digital copyright issues and the second
is the AConsultation
Paper on the Application of the Copyright Act's Compulsory Retransmission
Licence to the Internet@ which raised
the issue of the scope of the compulsory licence rules by which radio and
television signals may be retransmitted over the Internet. In October 2002 the Government tabled in the House of Commons a
comprehensive five year review of the Copyright Act as required under s. 92
of the Act. That review is currently
before the House of Commons Standing Committee on Canadian Heritage. The Committee will commence its study of
the review in the fall of 2003 and is expected to issue its report in June
2004.. 11) aims to clarify the rules by which radio and
television over-the-air signals may be retransmitted over the Internet. Canada has also amended the Patent Act, and the Trade-Marks
Act and their regulations. In July 2001, Canada amended its Patent Act to extend the term of protection
of certain AOld Act@ patents (pre-1989) to the minimum term of
protection of 20 years from the date of filing following a WTO ruling, Canada
B Term of
Protection, which found that the term of protection of 17 years from the date
of grant for AOld Act@ patents was inconsistent with the TRIPS Agreement,
in instances where the patent was granted within three years from the date
the application was filed. In October 2000, Canada adopted the Regulations Repealing the Manufacturing
and Storage of Patented Medicines Regulations. The repeal of the Manufacturing and Storage of Patented
Medicines Regulations became necessary in order to implement the April
2000, ruling of the WTO, Canada B Patent Protection of Pharmaceutical products, which found the stockpiling
exception contained in the Patent Act to
be inconsistent with Canada=s
international obligations under the WTO Agreement on TRIPS. Later, in July
2001, the provisions of the Patent Act,
which enabled the stockpiling exception, were repealed. In April 2002, Canada introduced amendments to its Patent Rules to conform with Canada’s
international obligations under the Patent Cooperation Treaty (PCT). The
amendments extend, in certain circumstances, the time limit for transmitting
a PCT application to national patent offices, irrespective of whether the
applicant has requested an international preliminary examination. |
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Ensuring the Expeditious Granting of IP Rights |
Canada=s legislative and regulatory
framework is based on the Revised Statute of Canada 1985, c. P-4 for patents,
c. T-13 for trade-marks and c. I-9 for industrial design. The legislation was
amended in 1996 for patents and trade-marks and in 1994 for industrial
designs. The Patent Rules and the Trade-marks Regulations were amended in 1996. For further
information, please visit: |
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Effective Enforcement of IP Rights |
Right
holders can take legal action through the judicial system to protect their
rights. Possible remedies include damages, injunctions, and seizures of
goods. There are also criminal
enforcement mechanisms in relation to criminal trade-marks counterfeiting and
copyright piracy on a commercial scale. |
The 1997 Copyright amendments
include statutory damages, a "wide injunction" which covers a
broader range of copyrighted material than injunctions normally
available. Copyright owners are also
able to avail themselves of summary procedures which are more expedient and
less expensive than regular court actions. These provisions came into force
in 1999. |
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Public Education and Awareness |
Canada manages an
Outreach Program to raise awareness of the benefits of protecting
Intellectual Property and exploiting IP information. http://strategis.ic.gc.ca/SSG/ http://www.pch.gc.ca/culture/cult_ind/cpb-pdd/english.htm http://www.dfait-maeci.gc.ca/t |
Canada continued to use more
cost-effective tools to raise public awareness, including the use of the
Internet (e.g. http://cipo.gc.ca) improving the availability of documents
through the Canadian Patents Database and the Canadian Trade-marks Database,
making available publications on IP and emphasizing the strategic value of
IP, and continuing to participate at trade-shows and seminars. |
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Canada continues to collaborate with
WIPO to deliver technical cooperation activities, including specialized
workshops, which specifically target IP offices from the Asia-Pacific and
from the Latin American and Caribbean regions, some of which are APEC member. |
Canada has offered specialized
workshops in cooperation with WIPO to officials of IP offices from APEC
member economies, as well as Latin American and Caribbean countries, some of
which are APEC member economies. Canada
is an active participant in APEC and recently hosted APEC
IPEG XVII in Vancouver, B.C. |