Canadian Patent and Trademarks Update: Bill C-85
On October 29th Bill C-86, purposing changes to the Patents Act and Trade-marks Act, was tabled in the House of Commons.
Some of the purposed changes to the Patent Act include:
- Providing rights to the Governor in Council to regulate standard essential patents (patents related to technology that needs to comply with technical/industry standards)
- Changes to the definition of Prior Use
- Adding provisions for protection from infringement for experimentation, granting it is not for commercial use
Some of the purposed changes to the Trade-marks Act include:
- Adding bad faith as a grounds for opposition in a trademark registration
- The ability granted to the Registrar to remove official marks that are owned by entities that no longer exist
- Proof of use for the registered mark will be required in actions regarding infringement and depreciation of goodwill up until the third anniversary of the registration