The hottest intellectual property policy in Canada

2022-07-31
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Canada's intellectual property policy

Canada believes that the 21st century is an era of knowledge economy, and intellectual property is one of the pillars of the knowledge economy. In order to make intellectual property better serve its own economic development, Canada, on the one hand, continuously improves its intellectual property legal system, on the other hand, continuously improves its service quality, and strives for domestic and international intellectual property policies to safeguard Canada's interests to the greatest extent

protection of intellectual property rights: it has a longer history than the Commonwealth of Canada. Canada was a colony of Britain and France in the 17th and 18th centuries, and became a British colony in 1763. In 1867, the British Parliament passed the British North America Act, which decided to establish the self-government of Canada, marking the birth of the Canadian Federation. In 1931, the British Parliament passed the Westminster act, renouncing its legislative power over Canada and its final veto power over the Canadian Parliament Act, and Canada gained full independence

compared with Canada, the intellectual property protection here has a longer history. In 1820, the British upper and Lower Canada in Quebec and Ontario had a Patent Act. According to the British North America Act of 1867, the legislative power of patent belongs to the Commonwealth of Canada. Canada enacted the first Federal Patent Law in 1869. Later, Canada's intellectual property law continued to increase and improve, forming the current legal protection system of intellectual property

the current intellectual property legal system in Canada consists of six main laws, namely, the copyright law, the industrial design law, the integrated circuit design law, the patent law, the trademark law and the plant breeding Law. The affairs involved in the first five laws are mainly managed by the Canadian Intellectual Property Office under the Ministry of industry, while the affairs of the plant breeding law are mainly managed by the Canadian food inspection agency. In addition to the above-mentioned laws, Canada has also enacted a law specifically targeting the service inventions of federal employees - the civil servant invention act

when intellectual property disputes arise in Canada, the court is the arbitration department. Both the provincial courts and the federal courts in Canada have the power to adjudicate intellectual property cases, but appeals involving the intellectual property Commissioner and the invalidity of intellectual property are handled by the federal act. According to a study conducted in Canada in 1990, 17% of Canadian enterprises and 45% of major research institutions will be involved in intellectual property disputes within three years. In addition, 40% of enterprises are involved in legal disputes over intellectual property rights, or have been threatened by legal proceedings, or consider using legal means to protect their intellectual property rights. With the development of knowledge economy, intellectual property plays a more and more important role in economic development. Enterprises and research institutions pay more attention to the protection of their own intellectual property

intellectual property policy: serving innovation and economic development

intellectual property is the most valuable asset of modern enterprises. Intellectual property policy is to promote enterprises to make better use of this asset. In order to better serve innovation and economic development, Canada has mainly done the following in terms of intellectual property rights:

first, continuously improve the intellectual property legal system to make it more able to meet the needs of Canada's economic development. Once the system of Canadian Intellectual Property Law was developed at too high a temperature, it was also a process of continuous revision and improvement. For example, after the first patent law of the Federation of Canada was published in 1869, four major revisions were made in 1935. Since 1980, Canada's patent law has been significantly revised many times. Each revision and improvement is to better meet the needs of Canada's innovation and economic development in a new environment. For example, the revision of the provisions on drug patents has promoted the development of the domestic biopharmaceutical industry. Changing the principle of "first invention first" to "first application first" will help encourage consumers to shorten the time limit for technology disclosure and simplify the patent examination process in order to meet consumers' emerging needs for home appliances in terms of fashion, health, green and environmental protection

Canada protects intellectual property in order to promote economic development. Therefore, in the process of protecting intellectual property, we also pay attention to its possible side effects on economic development. To this end, the Canadian fair competition office has specially formulated the application principles of the fair competition act in the process of patent protection to supplement the possible deficiencies of intellectual property policies

second, improve the service capacity of intellectual property rights to serve the development of enterprises. With the improvement of the status of intellectual property in the development of enterprises, people now pay more attention to protecting their intellectual property through patents and trademarks, and pay more attention to the rapid identification of intellectual property and access to relevant information, which also puts forward higher requirements for the management of intellectual property. In order to meet the challenge, the Canadian Intellectual Property Office has generally stipulated that 1 ≤ h0/d ≤ 3 in recent years, and has continuously strengthened its own capacity-building and improved its service level. By increasing the number of intellectual property examiners, improving work efficiency, strengthening information retrieval ability, improving workflow, and building government projects, its intellectual property examination ability and information provision ability have been improved. In the past two years, the trademark trial time of the Canadian Intellectual Property Office has decreased from an average of 12 months to 6.5 months, and the patent trial capacity has also been continuously improved. The pages of the Canadian Intellectual Property Office are queried and viewed more than 2million times a year. The Canadian Intellectual Property Office has also specially formulated a set of color style and texture of high gloss surface that customers can meet their high saturation, and has also re endowed the evaluation standard of high authenticity of plastics to improve their service level. In recent years, the customer satisfaction rate has been above 80%

 third, strengthen international cooperation and strive for their best interests in global intellectual property protection policies. The action principle of the Canadian Intellectual Property Office in international cooperation is to maintain its international reputation, strengthen Canada's influence as a medium-sized intellectual property country, actively participate in multilateral cooperation, and strengthen cooperation with countries in similar situations such as Britain and Australia to strive for the best interests. Guided by these principles, in the past few years, Canada has strengthened exchanges with intellectual property management institutions in other countries and actively helped developing countries train intellectual property managers. An agreement has been reached with the patent and Trademark Office of the United States so that it can share the data of the intellectual property management agencies of the United States, Europe and Japan. In order to expand its influence and improve its service capacity, Canada officially became the international search agency and international pre-trial agency of the World Intellectual Property Organization in 2004

active international cooperation and efforts to play a maximum role have enabled Canada to maximize its own interests in international intellectual property cooperation. For example, the vast majority of Canadian enterprises are small and medium-sized enterprises. In order to enable small and medium-sized enterprises to obtain the greatest benefits in the world intellectual property system, Canada strives to reduce patent application fees and simplify management procedures in the negotiation of international patent law treaties. Through continuous efforts and striving to play a leading role in the negotiations, Canada has achieved its goal. (end)

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