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ARTICLE · 05 DECEMBER 2018

Many Changes Afoot For Canadian Intellectual Property Law: Bill C-86

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Failure to comply with the prescribed requirements may result in the Federal Court granting various types of relief, including punitive damages.

CanadaIntellectual Property
R. Scott MacKendrick
R. Scott MacKendrick
Tamara Winegust
Tamara Winegust
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On October 29, 2018, Bill C-86 – an 800-plus page omnibus budget implementation bill that includes changes relating to patents, trademarks and copyright – was tabled. Here are some of the more notable proposed changes.

Patents

Written Demands

Following through on a commitment made earlier this year to address a perceived problem with patent trolls, Bill C-86 proposes that written demands are to be regulated. All written demands regarding a patented invention received by a person in Canada will have to comply with requirements to be prescribed in the Patent Act regulations. Failure to comply with the prescribed requirements may result in the Federal Court granting various types of relief, including punitive damages.

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