Budget Bill

Bill C-59, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, was introduced today to implement portions of the budget. The proposed changes include amendments to:

  • Copyright Act – term of sound recording and performance rights;
  • Patent Act – privilege for patent agents, force majeure, correcting errors and other changes;
  • Trade-marks Act – privilege for trade-mark agents, force majeure, correcting errors;
  • Industrial Designs Act – force majeure, correcting errors.

The changes introduced today relate to the budget announced on April 21st (see previous post). The text of bill does not appear at this time on the Parliament of Canada website but the text of the Bill has been posted by the CBC.

Update: Bill C-59 is available on Parliament’s website.

Copyright – sections 81 to 82

Copyright term for performer performances (section 23(1)) and sound recordings (section 23(1.1)) of the Copyright Act are amended to to include “the earlier of the end of 70 50 years after the end of the calendar year in which the first such publication occurs and the end of 100 99 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.”

According to transition provisions, the effect of the change will not have the effect of reviving the copyright or a right of renumeration for works in which the copyright had expired on the coming into force of those provisions.

Industrial Designs – sections 44 to 49

The amendments create the ability to correct obvious errors in granted industrial designs in the first six months, refers to regulations procedures to correct errors in submitted documents and adds provisions for extensions of time for force majeure.

Patents – sections 50 to 65

The amendments add provisions relating to correcting mistakes and fees, specifies that regulations will address the timing and filing of divisional applications and unity of inventions and extensions of time for force majeure. The provisions also add privilege for communications with patent agents akin to solicitor-client privilege, and several miscellaneous changes.

Trade-marks – sections 66 to 72

The amendments add provisions for privilege for communications with trademark agents, extensions of time for force majeure and correcting mistakes. Bill C-59 also addresses transitionary issues with the previous amendments to the Trade-marks Act.