Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 7Intellectual Property Strategy (continued)
SUBDIVISION DCollege of Patent Agents and Trade-mark Agents Act (continued)
Marginal note:2015, c. 36
263 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1.
(2) If subsection 70(7) of the other Act produces its effects before section 255 of this Act comes into force, then
(a) paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;
(b) the definition Nice Classification in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and
(b) on the day on which that section 255 comes into force, paragraph 70(1)(b) of the Trade-marks Act is replaced by the following:
(b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;
(3) If section 255 of this Act comes into force before subsection 70(7) of the other Act produces its effects, then, on the day on which that subsection 70(7) produces its effects, paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), section 36, subsections 38(6) to (8) and sections 39, 40 and 66;
(b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;
(4) If subsection 70(7) of the other Act produces its effects on the same day as section 255 of this Act comes into force, then paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:
(a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;
(b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;
Coming into Force
Marginal note:Order in council
264 The following provisions come into force on a day to be fixed by order of the Governor in Council:
(a) the definition Board in section 2, sections 11 to 20, 25 to 32, 34 to 62 and 64 to 74 and paragraphs 76(1)(c) to (f), (h) and (i) of the College of Patent Agents and Trade-mark Agents Act, as enacted by section 247; and
(b) section 249, subsections 250(1) and (3), sections 251 to 253 and 255 to 257 and subsection 258(1).
SUBDIVISION EAmendments relating to preservation of usage rights
R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act
265 Subsection 65.11(7) of the French version of the Bankruptcy and Insolvency Act is replaced by the following:
Marginal note:Propriété intellectuelle
(7) Si le débiteur a autorisé par contrat une personne à utiliser un droit de propriété intellectuelle, la résiliation n’empêche pas la personne de l’utiliser ni d’en faire respecter l’utilisation exclusive, à condition qu’elle respecte ses obligations contractuelles à l’égard de l’utilisation de ce droit, et ce, pour la période prévue au contrat et pour toute prolongation de celle-ci dont elle se prévaut de plein droit.
266 Section 65.13 of the Act is amended by adding the following after subsection (8):
Marginal note:Restriction — intellectual property
(9) If, on the day on which a notice of intention is filed under section 50.4 or a copy of the proposal is filed under subsection 62(1), the insolvent person is a party to an agreement that grants to another party a right to use intellectual property that is included in a sale or disposition authorized under subsection (7), that sale or disposition does not affect the other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
267 The Act is amended by adding the following after section 72:
Marginal note:Intellectual property — sale or disposition
72.1 (1) If the bankrupt is a party to an agreement that grants to another party a right to use intellectual property that is included in a sale or disposition by the trustee, that sale or disposition does not affect that other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
Marginal note:Intellectual property — disclaimer or resiliation
(2) If the bankrupt is a party to an agreement that grants to another party a right to use intellectual property, the disclaimer or resiliation of that agreement by the trustee does not affect that other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
268 The Act is amended by adding the following after section 246:
Marginal note:Intellectual property — sale or disposition
246.1 (1) If the insolvent person or the bankrupt is a party to an agreement that grants to another party a right to use intellectual property that is included in a sale or disposition by the receiver, that sale or disposition does not affect that other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
Marginal note:Intellectual property — disclaimer or resiliation
(2) If the insolvent person or the bankrupt is a party to an agreement that grants to another party a right to use intellectual property, the disclaimer or resiliation of that agreement by the receiver does not affect that other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
R.S., c. C-36Companies’ Creditors Arrangement Act
269 Section 36 of the Companies’ Creditors Arrangement Act is amended by adding the following after subsection (7):
Marginal note:Restriction — intellectual property
(8) If, on the day on which an order is made under this Act in respect of the company, the company is a party to an agreement that grants to another party a right to use intellectual property that is included in a sale or disposition authorized under subsection (6), that sale or disposition does not affect that other party’s right to use the intellectual property — including the other party’s right to enforce an exclusive use — during the term of the agreement, including any period for which the other party extends the agreement as of right, as long as the other party continues to perform its obligations under the agreement in relation to the use of the intellectual property.
Transitional Provisions
Marginal note:Bankruptcy and Insolvency Act
270 Subsections 65.11(7) and 65.13(9) and sections 72.1 and 246.1 of the Bankruptcy and Insolvency Act, as enacted by sections 265 to 268, apply only in respect of proceedings that are commenced under that Act on or after the day on which this section comes into force.
Marginal note:Companies’ Creditors Arrangement Act
271 Subsection 36(8) of the Companies’ Creditors Arrangement Act, as enacted by section 269, applies only in respect of proceedings that are commenced under that Act on or after the day on which this section comes into force.
Coming into Force
Marginal note:Order in council
272 This Subdivision comes into force on a day to be fixed by order of the Governor in Council.
SUBDIVISION FPrivileged Information
R.S., c. A-1Access to Information Act
273 The Access to Information Act is amended by adding the following after section 23:
Marginal note:Protected information — patents and trade-marks
23.1 The head of a government institution may refuse to disclose any record requested under this Act that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trade-marks Act.
R.S., c. P-21Privacy Act
274 The Privacy Act is amended by adding the following after section 27:
Marginal note:Protected information — patents and trade-marks
27.1 The head of a government institution may refuse to disclose any personal information requested under subsection 12(1) that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trade-marks Act.
2002, c. 28Related Amendment to the Pest Control Products Act
275 Paragraph 42(2)(g) of the Pest Control Products Act is replaced by the following:
(g) any advice from a person or body referred to in paragraph 44(1)(f), unless disclosure of the advice may be refused under section 23 or 23.1 of the Access to Information Act;
Coordinating Amendments
Marginal note:2014, c. 20
276 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.
(2) If subsection 366(1) of the other Act comes into force before the day on which this Act receives royal assent, then, on that day, the English version of this Act, other than this section, is amended by replacing “trade-mark”, “trade-marks”, “Trade-mark” and “Trade-marks” with “trademark”, “trademarks”, “Trademark” and “Trademarks”, respectively.
(3) If subsection 366(1) of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that subsection 366(1) comes into force.
Marginal note:Bill C-58
277 If Bill C-58, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, receives royal assent, then, on the first day on which both section 10 of that Act and section 273 of this Act are in force, section 23.1 of the English version of the Access to Information Act is replaced by the following:
Marginal note:Protected information — patents and trade-marks
23.1 The head of a government institution may refuse to disclose any record requested under this Part that contains information that is subject to the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trade-marks Act.
SUBDIVISION GR.S., c. N-15National Research Council Act
278 Subsection 3(2) of the National Research Council Act is replaced by the following:
Marginal note:Council incorporated
(2) The Council is a corporation that has power to acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property for the purposes of and subject to this Act.
279 (1) Paragraph 5(1)(l) of the Act is replaced by the following:
(l) license, sell or otherwise grant or make available to others, and receive royalties, fees and payment for, any intellectual property right — including any patent, copyright, industrial design, trade-mark, trade secret, know-how or other similar right and any such future right that is described under a written agreement — that is held, developed, administered or controlled by the Council, whether vested in Her Majesty in right of Canada or in the Council; and
(2) Section 5 of the Act is amended by adding the following after subsection (2):
Marginal note:Public Servants Inventions Act
(3) Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by a public servant, as defined in section 2 of that Act, who is employed by the Council, and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in the Council.
SUBDIVISION HR.S., c. C-42Copyright Act (Copyright Board Reform)
Amendments to the Act
280 Paragraph (b) of the definition collective society in section 2 of the Copyright Act is replaced by the following:
(b) carries on the business of collecting and distributing royalties or levies payable under this Act in relation to a repertoire of works, performer’s performances, sound recordings or communication signals of more than one author, performer, sound recording maker or broadcaster; (société de gestion)
281 Paragraph 19(2)(a) of the Act is replaced by the following:
(a) in the case of a sound recording of a musical work, to the collective society authorized under Part VII.1 to collect them; or
282 Paragraph 29.9(2)(c) of the Act is replaced by the following:
(c) respecting the sending of information to collective societies that carry on the business of collecting royalties referred to in subsection 29.7(2) or (3).
283 Paragraph 30.02(4)(b) of the Act is replaced by the following:
(b) there is a tariff approved under section 70 that is applicable to the digital reproduction of the work, to the communication of the digital reproduction by telecommunication to persons acting under the authority of the institution and to the printing by those persons of at least one copy of the work; or
284 (1) Subparagraphs 30.03(2)(a)(i) and (ii) of the English version of the Act are replaced by the following:
(i) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a), and
(ii) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved; and
(2) Subparagraphs 30.03(2)(b)(i) and (ii) of the English version of the Act are replaced by the following:
(i) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved, and
(ii) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a).
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