As of June 24, 2016 clients will enjoy the same level of
privilege with their Canadian patent and trademark agents as they
do with their lawyers. This statutory privilege applies
retroactively to any confidential communications made prior to this
date, but does not apply to ongoing actions or proceedings.
Bill C-59 (An Act to implement certain provisions of the budget
tabled in Parliament on April 21, 2015 and other measures) amends
the Patent Act to include a new section 16.1, and the Trade-marks
Act to include a new section 51.13. This provides for statutory
privilege, equivalent to solicitor-client privilege, or in civil
law, to professional secrecy of advocates and notaries, to apply to
certain communications between clients and registered patent and
trademark agents, respectively. Privileged communications are not
required to be disclosed, or testified on, in any civil, criminal,
or administrative action or proceeding. The exceptions to
solicitor-client
