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ARTICLE · 27 SEPTEMBER 2016

Recent Changes In Canadian Intellectual Property Law

Canada has seen a number of legislative changes in 2014 and 2015 to its Industrial Design Act, the Plant Breeder's Right's Act and the Patent Act.

CanadaIntellectual Property

Canada has seen a number of legislative changes in 2014 and 2015 to its Industrial Design Act, the Plant Breeder's Right's Act and the Patent Act. In addition, a Practice Notice related to the Examination of medical diagnostic applications was released by the Canadian Intellectual Property Office (CIPO) in summer 2015, greatly altering the examination procedure and scope of claims that will be allowed by the patent office for diagnostic innovations. A brief synopsis of some of the key changes follows.

Amendments to Canada's Industrial Design Act passed December 2014 have yet to come into force. The amendments introduce changes to registration criteria to bring the Act in line with the Hague Agreement, which allows an applicant to obtain industrial design protection in member states on the basis of a single application. The amendments remove the requirement for originality, introduce a novelty requirement, allow for multiple designs in a single application, and

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