Forward Regulatory Plan: 2021–2023 – Marketplace Framework Policy Branch
- Copyright Board Decision—Making Deadlines
- College of Patent Agents and Trademark Agents Regulations / Code of Professional Conduct Regulations
- Regulations amending the Patented Medicines (Notice of Compliance) Regulations
Regulatory Initiative: Copyright Board Decision—Making Deadlines
Enabling act(s)
Description
New regulations will be made pursuant to Part VII of the Copyright Act to specify deadlines by which the Board must render final decisions in its proceedings.
Regulatory cooperation efforts (domestic and international)
The proposal is unrelated to a work plan or commitment under a formal regulatory cooperation forum.
Potential impacts on Canadians, including businesses
The proposal is not anticipated to have any associated costs for Canadians or businesses. Rather, it is expected to benefit all parties interacting with the Board by providing greater market certainty, among other benefits.
Consultations
Consultations on general policy direction took place in 2015 by the Copyright Board of Canada on Operations, Procedures and Processes and in 2017 by Innovation, Science and Economic Development Canada, Canadian Heritage and the Copyright Board of Canada on Options for Reform to the Copyright Board. Consultations on draft regulations pre-published in the Canada Gazette, Part 1 in April 2019 were conducted throughout May 2019.
Further information
Reforms to the Copyright Board of Canada
Pre-publication of draft regulations
Departmental contact information
Martin Simard
Director, Copyright and Trademark Policy, Marketplace Framework Policy Branch
Innovation, Science and Economic Development Canada / Government of Canada
martin.simard@canada.ca / 343-291-3163
Date the regulatory initiative was first included in the Forward Regulatory Plan
April 2018
College of Patent Agents and Trademark Agents Regulations / Code of Professional Conduct Regulations
Enabling act(s)
College of Patent Agents and Trademark Agents Act
Description
New regulations will be made pursuant to the College of Patent Agents and Trademark Agents Act to provide detail to the framework for agent regulation established by the Act and to facilitate the transfer of responsibility for agent oversight from CIPO to the College. Provisions are necessary to:
- establish the regulatory framework for the investigation and disciplinary process related to agent conduct;
- safeguard privileged information during the course of an investigation;
- set mandatory requirements to become a licensed agent;
- establish Canadian residency as a condition of a patent or trademark agent license;
- define the scope of agent practice; and
- provide exemptions from the criminal prohibition of practicing without a license.
Regulatory cooperation efforts (domestic and international)
The proposal is unrelated to a work plan or commitment under a formal regulatory cooperation forum.
Potential impacts on Canadians, including businesses
Requirement
The regulations will clarify for agents and the businesses they serve the permissible scope of agent practice, the qualifications a licensed agent must have, and generally support the oversight of the profession in the public interest.Consultations
Aspects of this proposal were part of an online public consultation in 2016. Interested persons were invited to provide views on three proposed governance frameworks, a model for a disciplinary process and a draft code of agent conduct. The government received feedback from professional associations representing patent and trademark agents, law societies, legal advocacy groups, law firms, and interested individuals.
Commentary received during the consultation informed the drafting of the College of Patent Agents and Trademark Agents Act. Stakeholders largely supported a self-regulatory model of professional oversight with measures to ensure transparent governance, the avoidance of anti-competitive behaviour, and protection of the public interest. The proposed regulations are in support of these objectives.
The proposed code of conduct takes into account commentary received during the 2016 consultations in addition to commentary subsequently submitted by stakeholders.
Further information
In 2018, the Government launched a Canadian IP strategy with the goal of ensuring innovators have easier access to an IP regime that can help them grow. The creation of the College of Patent Agents and Trademark Agents is part of the IP Strategy.
Departmental contact information
Erin Campbell
Director, Marketplace Framework Policy Branch
Innovation, Science and Economic Development Canada / Government of Canada
Erin.Campbell2@canada.ca / Tel: 343-291-3783
Date the regulatory initiative was first included in the Forward Regulatory Plan
New initiative
Regulations amending the Patented Medicines (Notice of Compliance) Regulations
Enabling act(s)
Patent Act
Description
The proposed regulations would amend the Patented Medicines (Notice of Compliance) Regulations to change patent listing criteria to align with changes made to Health Canada's Food and Drug Regulations.
Regulatory cooperation efforts (domestic and international)
The proposal is unrelated to a work plan or commitment under a formal regulatory cooperation forum.
Potential impacts on Canadians, including businesses
There will be no business impacts.
Consultations
No consultation planned.
Further information
There is no further information available.
Departmental contact information
Erin Campbell
Director, Marketplace Framework Policy BranchInnovation, Science and Economic Development Canada / Government of Canada
Erin.Campbell2@canada.ca / Tel: 343-291-3783
Date the regulatory initiative was first included in the Forward Regulatory Plan
New initiative
Consult ISED's acts and regulations web page for:
- a list of acts and regulations administered by [department name]
- further information on ISED's implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
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