Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
Marginal note:1993, c. 15, s. 49
40 Section 62 of the Act is replaced by the following:
Marginal note:Judgment voiding patent
62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.
41 Subsection 66(3) of the Act is repealed.
42 Subsection 68(2) of the Act is replaced by the following:
Marginal note:Service
(2) The Commissioner shall consider the matters alleged in the application and declarations referred to in subsection (1) and, if satisfied that the applicant has a bona fide interest and that a case for relief has been made, the Commissioner shall direct the applicant to serve copies of the application and declarations on the patentee and on any other persons appearing from the records of the Patent Office to be interested in the patent, and the applicant shall advertise the application both
(a) in the Canada Gazette; and
(b) on the website of the Canadian Intellectual Property Office or in any other prescribed location.
43 Section 75 of the Act is replaced by the following:
Marginal note:Offences
75 (1) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who
(a) without the consent of the patentee, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing;
(b) without the consent of the patentee, marks in any way on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words with a similar meaning, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the patentee’s consent; or
(c) with intent to deceive the public, offers for sale as patented in Canada any article that is neither patented in Canada nor protected by a certificate of supplementary protection in Canada.
Marginal note:Certificate of supplementary protection
(2) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who
(a) during the term of a certificate of supplementary protection, without the consent of the certificate’s holder, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the holder of a certificate of supplementary protection, the name or any imitation of the name of any holder of a certificate of supplementary protection for the sole making or selling of that thing;
(b) after a certificate of supplementary protection has been issued and before the end of its term, without the consent of the certificate’s holder, marks in any way on anything not purchased from that holder the words “Certificate of Supplementary Protection”, “Protected by a Certificate of Supplementary Protection” or any words with a similar meaning, with the intent of counterfeiting or imitating that holder’s stamp, mark or device, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with that holder’s consent; or
(c) with the intent to deceive the public, offers for sale as protected by a certificate of supplementary protection in Canada any article that
44 Subsection 78(1) of the Act is replaced by the following:
Marginal note:Time limit deemed extended
78 (1) If any time limit or period of limitation specified under this Act, in respect of any business before the Patent Office, expires on a day when the Patent Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when the Patent Office is open for business.
Marginal note:1993, c. 2, s. 7
45 The heading “Patented Medicines” before section 79 of the Act is replaced by the following:
Patented or Protected Medicines
Marginal note:1993, c. 2. , s. 7
46 (1) The definition breveté ou titulaire d’un brevet in subsection 79(1) of the French version of the Act is replaced by the following:
- patentee
breveté ou titulaire d’un brevet La personne ayant pour le moment droit à l’avantage d’un brevet pour une invention liée à un médicament, ainsi que quiconque peut exercer tout droit d’un titulaire dans un cadre autre qu’une licence prorogée en vertu du paragraphe 11(1) de la Loi de 1992 modifiant la Loi sur les brevets. (patentee)
(2) Subsection 79(1) of the Act is amended by adding the following in alphabetical order:
- medicine
medicine includes a drug, as defined in section 104, and a medicinal ingredient; (médicament)
- rights holder
rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights; (titulaire de droits)
Marginal note:1993, c. 2, s. 7
47 (1) The portion of subsection 80(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Pricing information, etc., required by regulations
80 (1) A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting
Marginal note:1993, c. 2, s. 7
(2) Paragraph 80(1)(c) of the English version of the Act is replaced by the following:
(c) the costs of making and marketing the medicine, if that information is available to the rights holder in Canada or is within the knowledge or control of the rights holder;
Marginal note:1993, c. 2, s. 7
(3) The portion of subsection 80(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Former rights holder
(2) Subject to subsection (3), a person who is a former rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with the information and documents that the regulations may specify respecting
Marginal note:1993, c. 2, s. 7
(4) Paragraphs 80(2)(b) and (c) of the Act are replaced by the following:
(b) the price at which the medicine was sold in any market in Canada and elsewhere during the period in which the person was a rights holder for the invention;
(c) the costs of making and marketing the medicine produced during that period, whether incurred before or after the patent was issued or the certificate of supplementary protection took effect, if that information is available to the person in Canada or is within the knowledge or control of the person;
Marginal note:1993, c. 2, s. 7
(5) Subsection 80(3) of the Act is replaced by the following:
Marginal note:Limitation
(3) Subsection (2) does not apply to a person who has not, for a period of three or more years, been entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate.
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