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ARTICLE · 07 NOVEMBER 2018

Bill C-86: Shaking Up Canada's IP Legislation

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Require subsequent owners or holders of standard essential patents to act in accordance with licensing commitments made by prior owners.

CanadaIntellectual Property
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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The Government of Canada has introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (Bill C-86), which proposes a number of legislative changes to Canada's intellectual property (IP) laws and the Copyright Board of Canada's (Copyright Board) legislative framework. These changes aim to further Canada's new IP strategy, which was announced in April 2018. For information on Canada's new IP strategy, see our April 2018 Blakes Bulletin: Canada Looks to Foster Innovation, Business Growth with New IP Strategy.

PROPOSED CHANGES

Patent Act

If passed, Bill 86 would amend the Patent Act to:

  • Establish minimum requirements for patent demand letters in order to ensure that allegations of patent infringement comply with regulations under the Patent Act. This amendment would apply to letters sent to persons in Canada, regardless of whether they allege infringement of a Canadian or non-Canadian patent.

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