Chapter 7 : Intellectual Property Rights

 

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.

 

 

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.

 

 

 

{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/
ip00001e.html
; 

http://www.pch.gc.ca/culture/c
ult_ind/cpb-pdd/english.htm
; and

http://www.dfait-maeci.gc.ca/t
na-nac/other-e.asp#intellectua
l

 

 

 

 

 

 

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}

Section

 Improvements Implemented Since Last IAP

Current Situation Regarding Laws and Administrative Procedures

Further Action  Planned

 

TRIPS implementation

 

 

 

 

 

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/
ip00001e.html

http://www.pch.gc.ca/culture/c
ult_ind/cpb-pdd/english.htm

http://www.dfait-maeci.gc.ca/t
na-nac/other-e.asp#intellectua
l

 

 

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.

 

 

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.

 

 

 

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.

 

 

 

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

 

Public Education and

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/
ip00001e.html

  

http:/     http://www.pch.gc.ca/culture/c
ult_ind/cpb-pdd/english.htm

 

http://www.dfait-maeci.gc.ca/t
na-nac/other-e.asp#intellectua
l

 

http://cipo.gc.ca

 

 

 

CIPO will continue to make a

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.


 

 

APEC Cooperation on IP Issues

 

 

 

Canada provided ongoing technical cooperation through advice and training for officials from intellectual property offices, participation in symposia, seminars and conferences on IP rights.

 

The Canadian Intellectual Property Office (CIPO), in partnership with WIPO, organized a one-week Executive

 

Workshop on the Application of Management Techniques in the Delivery of Intellectual Property Services aimed a senior officials from IP offices of the Asia-Pacific and the Latin American and Caribbean regions that was scheduled to be held in May 2003. Unfortunately, because of extra-ordinary circumstances, the Executive Workshop 2003 had to be postponed.

 

 

Canada continues to provide technical advice for IP officials, as well as specialized Executive Workshops in cooperation with WIPO.

 

Canada will continue to provide technical cooperation, advice and training for IP officials, participation in symposia, seminars and conferences on intellectual property.

 

In particular, CIPO will be organizing and Executive Workshop on the Application of Management Techniques in the Delivery of Intellectual Property

 

Services, in partnership with WIPO, to be held in the spring of 2004. Senior officials from IP offices of the Asia-Pacific and Latin-American Caribbean regions will be invited to participate.



Improvements in {Economy’s} Approach to Intellectual Property Rights since 1996

Section

Position at Base Year (1996)

Cumulative Improvements Implemented to Date

 

General Policy

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..

 

The latest amendments to the Copyright Act  (Bill C-

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.

 

 

 

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:

http://canada.justice.gc.ca/loireg/index_en.html; and

http://cipo.gc.ca

 

 

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.

 

 

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/
ip00001e.html

http://www.pch.gc.ca/culture/cult_ind/cpb-pdd/english.htm

 

http://www.dfait-maeci.gc.ca/t
na-nac/other-e.asp#intellectua
l

 

http://cipo.gc.ca

 

 

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.

 

APEC Cooperation on IP Issues

 

 

 

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.