Order Fixing November 5, 2018 as the Day on which Certain Provisions of the two Acts Come into Force: SI/2018-45
Canada Gazette, Part II, Volume 152, Number 13
June 27, 2018
ECONOMIC ACTION PLAN 2014 ACT, NO. 2
ECONOMIC ACTION PLAN 2015 ACT, NO. 1
Order Fixing November 5, 2018 as the Day on which Certain Provisions of the two Acts Come into Force
P.C. 2018-717 June 11, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry,
- (a) pursuant to subsection 142(1) of the Economic Action Plan 2014 Act, No. 2, chapter 39 of the Statutes of Canada, 2014, fixes November 5, 2018 as the day on which sections 102 to 113 of that Act come into force; and
- (b) pursuant to subsections 72(1) and (4) of the Economic Action Plan 2015 Act, No. 1, chapter 36 of the Statutes of Canada, 2015, fixes November 5, 2018 as the day on which sections 44 to 49 of that Act come into force.
(This note is not part of the Order.)
Pursuant to subsection 142(1) of the Economic Action Plan 2014 Act, No. 2, this Order brings sections 102 to 113 of that Act into force on the day indicated in this Order, i.e. November 5, 2018. Further, pursuant to subsections 72(1) and (4) of the Economic Action Plan 2015 Act, No. 1, the Order also brings sections 44 to 49 of that Act into force on the same date.
The objective of the Order is to establish the coming into force of sections 102 to 113 of the Economic Action Plan 2014 Act, No. 2, and sections 44 to 49 of the Economic Action Plan 2015 Act, No. 1, which included amendments to the Industrial Design Act to allow for the implementation of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (the Hague Agreement), and amendments to modernize the industrial design (ID) framework.
Currently, Canadian businesses seeking to register their IDs in other countries must meet the administrative requirements of each foreign Intellectual Property Office (IPO). They must file a separate application, pay a separate fee in the appropriate currency and track and manage their applications in each IPO. This can be a complex, costly and time-consuming process.
Canada can simplify this process by acceding to the Hague Agreement, and joining a system that allows applicants from member countries to register up to 100 IDs in multiple countries or regional associations through one application. Canada’s membership in the Hague Agreement would also provide foreign businesses in member countries reciprocal advantages in applying for ID protection in Canada.
The Hague Agreement is administered by the World Intellectual Property Organization (WIPO), the United Nations agency that is the global forum for intellectual property (IP) services, policy, information and co-operation. Canada’s major trading partners including the United States, the European Union, Japan, and South Korea are part of the Hague Agreement.
Consistent with the Policy on Tabling of Treaties in Parliament, the Hague Agreement was tabled in the House of Commons on January 27, 2014, with the 21 sitting days being completed on March 4, 2014. No comments were received during the tabling period.
Amendments to the Industrial Design Act, required for accession to the Hague Agreement, received royal assent in December 2014. While some of these amendments are directly dictated by the requirements of the Hague Agreement (e.g. extending the term of protection from 10 to 15 years), others were required to avoid a “dual track” system whereby, for example, international applications filed through the Hague would be assessed under one standard, and Canadian applications filed domestically would be assessed under another. The legislative changes also provided authority to make regulations carrying into effect the Hague Agreement, and to make regulations regarding, among other things, details pertaining to the processing and examination of applications, payment of fees, and requests for priority.
The amendments to the Industrial Design Act, and other consequential amendments, would come into force on a day fixed by the Governor in Council, rather than upon royal assent in 2014. This was done to allow the Canadian Intellectual Property Office (CIPO), in consultation with stakeholders and WIPO, to revise the Industrial Design Regulations and update its information technology system. The regulatory proposal for industrial designs is now completed, and the Order will bring the revised Act into force on the same day.
The costs of bringing into force these sections of the Economic Action Plan 2014 Act, No. 2 and the Economic Action Plan 2015 Act, No. 1, will be managed within the existing resources of CIPO.
Federal and provincial implications
These amendments do not have federal, provincial and territorial implications for Canada.
CIPO has actively engaged with key stakeholders (i.e. IP agents who are regular users of the Canadian ID system) about the legislative and regulatory changes necessary to join the Hague System since the Government’s intent to join the Hague Agreement and modernize the ID framework was announced in February 2014. CIPO consulted a group of IP agents on changes to the Act shortly after the announcement and has continued to engage key stakeholders as well as the general public throughout the regulatory development process.
Budget 2017 launched the Innovation and Skills Plan with the goal of making Canada a world-leading centre of innovation. A well-functioning IP regime, including a framework for industrial design, is a foundational element of innovation and economic growth. As a result, the Government announced that, as part of the Innovation and Skills Plan, it would develop a new Intellectual Property Strategy to help ensure that Canada’s IP regime is modern and robust and supports Canadian innovators in the 21st century. Acceding to the Hague Agreement and modernizing the ID framework will support these objectives by improving Canada’s industrial design framework, further aligning it with international practices and reducing the administrative burden for innovative Canadian businesses.
CIPO will implement a proactive communication plan to promote the overall changes to the Industrial Design Act and Industrial Design Regulations; which includes Canada’s accession to the Hague Agreement and signals the coming-into-force date of the new Act and Regulations to interested stakeholders. CIPO will focus communications efforts on its website, through social media and targeted engagement with key stakeholders.
For more information, please contact
Copyright and Industrial Design Branch
Canadian Intellectual Property Office
Innovation, Science and Economic Development Canada