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 AR.S., c. P-4Patent Act (continued)
Marginal note:2015, c. 36
211 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1.
(2) If section 65 of the other Act comes into force before section 189 of this Act, then
(a) that section 189 is deemed never to have come into force and is repealed; and
(b) subsection 36(4) of the Patent Act is replaced by the following:
Marginal note:Separate applications
(4) A divisional application shall be deemed to be a separate and distinct application under this Act, to which its provisions apply as fully as may be, and separate fees shall be paid on the divisional application and, except for the purposes of subsections 27(6) and (7), it shall have the same filing date as the original application.
(3) If section 65 of the other Act comes into force on the same day as section 189 of this Act, then that section 189 is deemed to have come into force before that section 65.
(4) On the first day on which both section 65 of the other Act and section 191 of this Act are in force, subsection 53.1(2) of the French version of the Patent Act is replaced by the following:
Marginal note:Demande divisionnaire
(2) Pour l’application du présent article, la poursuite de toute demande divisionnaire est réputée comprendre la poursuite de la demande originale avant le dépôt de cette demande divisionnaire.
Marginal note:2017, c. 6
212 (1) In this section, other Act means the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act.
(2) If subsection 135(11) of the other Act produces its effects before section 209 of this Act, then
(a) that section 209 is deemed never to have come into force and is repealed; and
(b) paragraph 124(1)(d.1) of the Patent Act is repealed.
(3) If subsection 135(11) of the other Act produces its effects on the day on which section 209 of this Act comes into force, then that subsection 135(11) is deemed to have produced its effects before that section 209 comes into force.
Coming into Force
Marginal note:2014, c. 39 or royal assent
213 (1) Section 189 and subsection 198(2) come into force on the day on which subsection 120(2) and section 136 of the Economic Action Plan 2014 Act, No. 2 come into force or, if it is later, on the day on which this Act receives royal assent.
Marginal note:September 21, 2017
(2) Section 199 is deemed to have come into force on September 21, 2017.
SUBDIVISION BTrade-marks
R.S., c. T-13Trade-marks Act
214 Paragraph (a) of the definition pays d’origine in section 2 of the French version of the Trade-marks Act is replaced by the following:
a) Le pays de l’Union où l’auteur d’une demande d’enregistrement d’une marque de commerce avait, à la date de la demande, un établissement industriel ou commercial effectif et sérieux;
215 Section 9 of the Act is amended by adding the following after subsection (2):
Marginal note:For greater certainty
(3) For greater certainty, and despite any public notice of adoption and use given by the Registrar under paragraph (1)(n), subparagraph (1)(n)(iii) does not apply with respect to a badge, crest, emblem or mark if the entity that made the request for the public notice is not a public authority or no longer exists.
Marginal note:Notice of non-application
(4) In the circumstances set out in subsection (3), the Registrar may, on his or her own initiative or at the request of a person who pays a prescribed fee, give public notice that subparagraph (1)(n)(iii) does not apply with respect to the badge, crest, emblem or mark.
216 The Act is amended by adding the following after section 11:
Marginal note:Exception
11.01 Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that made the request for a public notice under paragraph 9(1)(n) with respect to the badge, crest, emblem or mark is not a public authority or no longer exists.
217 (1) Section 11.13 of the Act is amended by adding the following after subsection (6.1):
Marginal note:Withdrawal of objection
(6.2) If, in the opinion of the Registrar, an objector is in default in the continuation of an objection, the Registrar may, after giving notice to the objector of the default, treat the objection as withdrawn unless the default is remedied within the time specified in the notice.
(2) Section 11.13 of the Act is amended by adding the following after subsection (8):
Marginal note:Costs
(9) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section.
Marginal note:Order of Federal Court
(10) A certified copy of an order made under subsection (9) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.
218 Subsection 18(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the application for registration was filed in bad faith.
219 The Act is amended by adding the following after section 36:
Marginal note:Withdrawal of opposition
36.1 If, in the opinion of the Registrar, an opponent is in default in the continuation of an opposition referred to in section 38, the Registrar may, after giving notice to the opponent of the default, treat the opposition as withdrawn unless the default is remedied within the time specified in the notice.
220 Subsection 38(2) of the Act is amended by adding the following after paragraph (a):
(a.1) that the application was filed in bad faith;
221 The Act is amended by adding the following after section 38:
Marginal note:Costs
38.1 (1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under section 38.
Marginal note:Order of Federal Court
(2) A certified copy of an order made under subsection (1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.
222 Section 45 of the Act is amended by adding the following after subsection (4):
Marginal note:Costs
(4.1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section.
Marginal note:Order of Federal Court
(4.2) A certified copy of an order made under subsection (4.1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.
223 The Act is amended by adding the following after section 45:
Confidentiality Orders
Marginal note:Request to keep evidence confidential
45.1 (1) A party to a proceeding under section 11.13, 38 or 45 may make a request to the Registrar, in accordance with the regulations, that some or all of the evidence that they intend to submit to the Registrar be kept confidential.
Marginal note:Restriction
(2) The Registrar shall not consider a request if the party who makes it submits the evidence to the Registrar before the Registrar either gives notice under subsection (3) or makes an order under subsection (4).
Marginal note:Registrar not satisfied
(3) If the Registrar is not satisfied that the evidence should be kept confidential, the Registrar shall notify the party who made the request accordingly.
Marginal note:Confidentiality order
(4) If the Registrar is satisfied that the evidence should be kept confidential, he or she may, on any terms that he or she considers appropriate, order that the evidence be kept confidential.
Marginal note:Consequences of order
(5) If the Registrar makes an order under subsection (4),
(a) the party who made the request may submit the evidence to the Registrar and, if it is submitted, shall serve it on the other party in accordance with the order;
(b) subsections 11.13(5.1), 38(9) and 45(2.1) do not apply with respect to the evidence;
(c) section 29 does not apply to the evidence; and
(d) the Registrar shall take measures to ensure that the evidence is kept confidential when the evidence or a copy of the evidence is transmitted to the Federal Court under section 60.
Marginal note:Order of Federal Court
(6) A certified copy of an order made under subsection (4) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court.
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