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ARTICLE · 31 JANUARY 2019

Budget Implementation Act, 2018: Canada

Khurana & Khurana, Advocates and IP Attorneys
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On 13th December, Canadian government gave assent to the BUDGET IMPLEMENTATION ACT, 2018 to address various productive changes in Canadian Intellectual property laws.

CanadaIntellectual Property

On 13th December, Canadian government gave assent to the BUDGET IMPLEMENTATION ACT, 2018 to address various productive changes in Canadian Intellectual property laws. Modifications in IP laws were made to uplift the economy of Canada through innovative ideas and higher investments. The act majorly focuses on removing the loopholes in the current IPR structure of the country and to meet the professional and ethical standards.

The scope of patent protection in Canada is now widened. Now in Canada, Histories of prosecution are admissible as evidence to deal with patent claims. Prior use right of a business is also protected against an application of patent that covers its existing operation. An amendment to clarify that it is not against the law to conduct research on the subject matter of patent grant is made in the new law. Another change introduced regarding patent laws is to demoralize deceptive or vague demand letters. In case of deceptive/vague demand letters, an

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