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ARTICLE · 03 JUNE 2015

Privilege For Patent And Trademark Agents

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As a result of Bill C-59, when passed, clients will enjoy a statutory privilege in their confidential communications with Canadian patent and trademark agents.

CanadaIntellectual Property
J. Sébastien Gittens
J. Sébastien Gittens
Lorraine Pinsent
Lorraine Pinsent
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As a result of Bill C-59, when passed, clients will enjoy a statutory privilege in their confidential communications with Canadian patent and trademark agents.

This will provide Canadian clients who use patent and trademark agents, whether or not such agents are also lawyers, more secure protection of their confidential communications. In Canada the law had been that non-lawyer patent agents or trademark agents do not benefit from professional legal privilege. As to patent agents, see Lumonics Research Ltd v Gould et al (1983), 70 C.P.R. (2d) 11 (FCA). As to trademark agents, see Visa International Service Assn v Visa Travel International Ltd (1983), 74 C.P.R. (2d) 243 (FCTD).

Privilege for Patent Agents

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