Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
PART 3Consequential Amendments (continued)
R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act
Marginal note:1993, c. 34, s. 10(E)
122 Section 82 of the Bankruptcy and Insolvency Act is replaced by the following:
Marginal note:Trustee to have right to sell patented articles
82 (1) If any property of a bankrupt vesting in a trustee consists of articles that are subject to a patent or to a certificate of supplementary protection issued under the Patent Act and were sold to the bankrupt subject to any restrictions or limitations, the trustee is not bound by the restrictions or limitations but may sell and dispose of the articles free and clear of the restrictions or limitations.
Marginal note:Right of manufacturer
(2) If the manufacturer or vendor of the articles referred to in subsection (1) objects to the disposition of them by the trustee as provided by this section and gives to the trustee notice in writing of the objection before their sale or disposition, that manufacturer or vendor has the right to purchase the articles at their invoice prices, subject to any reasonable deduction for depreciation or deterioration.
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
Marginal note:1990, c. 37, s. 29
123 (1) The portion of subsection 32(1) of the Competition Act before paragraph (a) is replaced by the following:
Marginal note:Powers of Federal Court where certain rights used to restrain trade
32 (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trade-marks, by a copyright or by a registered integrated circuit topography, so as to
Marginal note:1990, c. 37, s. 29
(2) The portion of subsection 32(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Orders
(2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, certificates of supplementary protection issued under the Patent Act, trade-marks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:
Marginal note:1990, c. 37, s. 29
(3) Paragraph 32(2)(c) of the Act is replaced by the following:
(c) directing the grant of licences under any such patent, certificate of supplementary protection, copyright or registered integrated circuit topography to the persons and on the terms and conditions that the court may deem proper or, if the grant and other remedies under this section would appear insufficient to prevent that use, revoking the patent or certificate of supplementary protection;
Marginal note:2002, c. 16, s. 4(F)
(4) Subsection 32(3) of the Act is replaced by the following:
Marginal note:Treaties, etc.
(3) No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement respecting patents, certificates of supplementary protection, trade-marks, copyrights or integrated circuit topographies to which Canada is a party.
Marginal note:2009, c. 2, s. 426
124 Paragraph 76(3)(c) of the Act is replaced by the following:
(c) has the exclusive rights and privileges conferred by a patent, certificate of supplementary protection issued under the Patent Act, trade-mark, copyright, registered industrial design or registered integrated circuit topography.
Marginal note:1990, c. 37, s. 32
125 Paragraph 86(4)(b) of the Act is replaced by the following:
(b) a wider licensing of patents, certificates of supplementary protection issued under the Patent Act or registered integrated circuit topographies;
R.S., c. D-1Defence Production Act
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 3)
126 Paragraph (b) of the definition royalties in section 2 of the Defence Production Act is replaced by the following:
(b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent, certificate of supplementary protection issued under the Patent Act or registered industrial design;
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
127 (1) Subsections 22(1) and (2) of the Act are replaced by the following:
Marginal note:Relief from claims and proceedings for royalties
22 (1) The Minister may, on behalf of Her Majesty, contract with any person that Her Majesty will relieve that person from any claims, actions or proceedings for the payment of royalties for the use or infringement of any patent, certificate of supplementary protection, registered industrial design or registered topography by that person in, or for the furnishing of any engineering or technical assistance or services to that person for, the performance of a defence contract.
Marginal note:Relief from royalty payments
(2) A person with whom the Minister has contracted under subsection (1) is not liable to pay royalties under any contract, statute or otherwise by reason of the use or infringement of a patent, certificate of supplementary protection, registered industrial design or registered topography in, or in respect of engineering or technical assistance or services furnished for, the performance of a defence contract and to which the contract under subsection (1) applies.
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
(2) Subsection 22(3) of the English version of the Act is replaced by the following:
Marginal note:Compensation for use
(3) A person who, but for subsection (2), would be entitled to a royalty from another person for the infringement or use of a patent, certificate of supplementary protection, registered industrial design or registered topography or in respect of engineering or technical assistance or services is entitled to reasonable compensation from Her Majesty for the infringement, use or services and, if the Minister and that person cannot agree as to the amount of the compensation, it shall be fixed by the Commissioner of Patents.
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
(3) Subsection 22(5) of the Act is replaced by the following:
Marginal note:Definitions
(5) In this section, certificate of supplementary protection has the same meaning as in section 2 of the Patent Act and registered topography has the same meaning as in subsection 2(1) of the Integrated Circuit Topography Act.
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Marginal note:1990, c. 37, s. 34(1); 2002, c. 8, s. 29
128 Section 20 of the Federal Courts Act is replaced by the following:
Marginal note:Industrial property, exclusive jurisdiction
20 (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,
(a) in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and
(b) in all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.
Marginal note:Industrial property, concurrent jurisdiction
(2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).
R.S., c. P-32Public Servants Inventions Act
129 (1) Subsection 9(1) of the Public Servants Inventions Act is replaced by the following:
Marginal note:Administration and control of inventions
9 (1) The administration and control of any invention vested in Her Majesty by this Act and any patent or certificate of supplementary protection issued with respect to the invention are vested in the appropriate minister, and the appropriate minister may transfer that administration and control to any other minister or to any corporate agency of Her Majesty.
(2) Subsection 9(3) of the Act is replaced by the following:
Marginal note:Authority of Crown agencies
(3) Despite anything in its charter or Act of incorporation, an agency to which the administration and control of any invention, patent or certificate of supplementary protection is transferred under this section has the capacity and power to receive, hold, administer, control, develop and exploit the invention, patent or certificate and generally to carry out the provisions of this Act with respect to the invention, patent or certificate.
(3) Subsection 9(4) of the English version of the Act is replaced by the following:
Marginal note:Administration of moneys
(4) If the administration and control of any invention or patent has been transferred under this section to a corporate agency of Her Majesty, any money received by the corporate agency in the course of the administration and control of the invention, patent or certificate of supplementary protection may be retained by that corporate agency, and shall be used for the purposes of this Act and the objects and purposes for which the agency was established.
2007, c. 25Olympic and Paralympic Marks Act
130 Paragraph 3(4)(f) of the Olympic and Paralympic Marks Act is replaced by the following:
(f) the use of a protected geographical indication identifying a wine or spirit or an agricultural product or food if the wine or spirit or the agricultural product or food originates in the territory indicated by the indication;
2014, c. 28Canada–Korea Economic Growth and Prosperity Act
131 The heading before section 16 and sections 16 to 22 of the Canada–Korea Economic Growth and Prosperity Act are repealed.
Transitional Provisions
Marginal note:Korean indications
132 (1) Despite subsection 11.12(2) and section 11.13 of the Trade-marks Act, the Registrar, as defined in section 2 of that Act, must, as soon as practicable after this subsection comes into force, enter all of the following indications on the list of geographical indications kept under subsection 11.12(1) of that Act:
(a) GoryeoHongsam;
(b) GoryeoBaeksam;
(c) GoryeoSusam;
(d) IcheonSsal;
(e) ginseng rouge de Corée;
(f) ginseng blanc de Corée;
(g) ginseng frais de Corée;
(h) riz Icheon;
(i) Korean Red Ginseng;
(j) Korean White Ginseng;
(k) Korean Fresh Ginseng;
(l) Icheon Rice.
Marginal note:Deemed entry on list
(2) The indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force.
Marginal note:For greater certainty
(3) For greater certainty, the Registrar is not required to enter those translations on the list.
Marginal note:Geographical indications
(4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of that Act.
Marginal note:Acquired rights — Canada–Korea
(5) For the purpose of subsection 11.2(3) of that Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication listed in section 11.23, as a reference to “January 1, 2015”.
PART 4Coordinating Amendments and Coming into Force
Coordinating Amendments
Marginal note:2009, c. 23
133 (1) In this section, other Act means the Canada Not-for-profit Corporations Act.
(2) If paragraph 313(j) of the other Act comes into force before section 118 of this Act, then that section 118 is repealed.
(3) If paragraph 313(j) of the other Act comes into force on the same day as section 118 of this Act, then that section 118 is deemed never to have come into force and is repealed.
(4) If paragraph 313(s) of the other Act comes into force before section 119 of this Act, then that section 119 is repealed.
(5) If paragraph 313(s) of the other Act comes into force on the same day as section 119 of this Act, then that section 119 is deemed never to have come into force and is repealed.
(6) If paragraph 313(z.08) of the other Act comes into force before section 120 of this Act, then that section 120 is repealed.
(7) If paragraph 313(z.08) of the other Act comes into force on the same day as section 120 of this Act, then that section 120 is deemed never to have come into force and is repealed.
Marginal note:2014, c. 20
134 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.
(2) If section 362 of the other Act comes into force before section 60 of this Act, then every reference to “trade-name” in section 60 of the English version of this Act is replaced by a reference to “trade name”.
(3) If section 362 of the other Act comes into force on the same day as section 60 of this Act, then that section 60 is deemed to have come into force before that section 362.
(4) If section 366 of the other Act comes into force before this Act receives royal assent, then every reference to “trade-mark”, “trade-marks” and “Trade-marks” is replaced by a reference to “trademark”, “trademarks” and “Trademarks”, respectively, in the following provisions of the English version of this Act:
(a) the heading before section 60;
(b) sections 60 to 79;
(c) sections 123 and 124;
(d) section 128; and
(e) subsection 132(1).
(5) If section 366 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 section 366 comes into force.
(6) If section 355 of the other Act comes into force before section 74 of this Act, then that section 74 is replaced by the following:
74 Section 61(1) of the Act is replaced by the following:
Marginal note:Judgments to be filed
61 (1) An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trademark on the register or to any protected geographical indication.
(7) If section 355 of the other Act comes into force on the same day as section 74 of this Act, then that section 74 is deemed to have come into force before that section 355.
(8) If section 358.3 of the other Act comes into force before section 76 of this Act, then that section 76 is replaced by the following:
76 The Act is amended by adding the following before section 69:
Marginal note:Use of the indication “Beaufort”
68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Use of the indication “Nürnberger Bratwürste”
(2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013.
Marginal note:Use of the indication “Jambon de Bayonne”
(3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Restriction
(4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.
(9) If section 76 of this Act comes into force before section 358.3 of the other Act, then that section 358.3 is repealed.
(10) If section 358.3 of the other Act comes into force on the same day as section 76 of this Act, then that section 358.3 is deemed never to have come into force and is repealed.
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