An Order in Council has fixed December 30th as the day on which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 comes into force to extend certain terms of copyright protection from 50 years to 70 years after the life of the author. Continue reading Copyright
The budget implementation bill, C-19 received royal assent yesterday. It includes some IP-related changes:
- measures directed to the term of copyright including “6. Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year” (Division 16);
- changes to the College of Patent Agents and Trademark Agents Act (Division 17); and
- replaces the term “Prothonotary” with “Associate Judge” for the Federal Court (Division 22).
The following private member bills were introduced on Friday:
- C-292 “Online Algorithm Transparency Act” directed to ensuring that algorithms used for “moderating content … do not result in adverse differential treatment of any individual or group of individuals based on one or more prohibited ground of discrimination”
- C-294 “An Act to amend the Copyright Act (interoperability)” directed to expanding the interoperability exception in 41.12 to devices in which software is embedded and to products used to provide interoperability.
Bill C-19, “An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures” includes
- measures directed to the term of copyright in Division 16 including “6. Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year”;
- changes to the College of Patent Agents and Trademark Agents Act in Division 17; and
- replaces the term “prothonotary” with “associate judge” in Division 22.
The government released its Budget 2022 that includes some IP related provisions:
- “amendments to the Copyright Act to extend the general term of copyright protection from 50 to 70 years after the life of the author”;
- “legislative amendments to the College of Patent Agents and Trademark Agents Act to better enable directors of the College to prioritize the public interest”;
- “Review of Tax Support to R&D and Intellectual Property” including SR&ED and a patent box regime;
- “$750 million over six years, starting in 2022-23, to support the further growth and development of Canada’s Global Innovation Clusters”; and
- funding for “CanExport program to help Canadian businesses secure their intellectual property in foreign markets”, expand use of ExploreIP, Canada’s intellectual property marketplace” and “expand the Intellectual Property Legal Clinics Program”.
Earlier today, the government introduced Bill C-18 “An Act respecting online communications platforms that make news content available to persons in Canada” with the stated purpose “to regulate digital news intermediaries with a view to enhancing fairness in the Canadian digital news marketplace and contributing to its sustainability, including the sustainability of independent local news businesses.” and includes a section on implications of copyright.
The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement. The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.
Two consultations were announced today:
- the Patented Medicine Prices Review Board announced a consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
- The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.
The government has launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments until May 31. The consultation includes issues of intermediaries’ safe harbour protections against liability for copyright infringement, how intermediaries’ knowledge of infringement and content-related activities affect their liability as well as their attendant obligations, remuneration of rights holders through collective licensing of their copyright-protected content on certain platforms, transparency in rights holders’ remuneration and online uses of their content; and rights holders’ enforcement tools against intermediaries, including by way of a statutory “website-blocking” and “de-indexing” regime. Continue reading Copyright