Evidence of meeting #20 for Industry, Science and Technology in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was trademark.
A recording is available from Parliament.
Director General, Marketplace Framework Policy Branch, Department of Industry
The one we used last fall was an example of a bottle that had an indentation on each side so you could hold onto it. That couldn't be trademarked as part of the trademark. It's a functional design to be able to lift the bottle.
Chairperson, Trade-marks Opposition Board, Department of Industry
The shape of the bottle would be the trademark, but how you hold it would be the functional element.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
If we talk about beer bottles, remember they used to be those stubby bottles, and then they went to a different shape. Could that shape not be trademarked?
Chairperson, Trade-marks Opposition Board, Department of Industry
A shape of a bottle can be a trademark.
Conservative
Chairperson, Trade-marks Opposition Board, Department of Industry
In particular, Coke has trademarked their bottle.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
The utilitarian feature is the handle that it would have on it or...?
Chairperson, Trade-marks Opposition Board, Department of Industry
Yes, if it served a purpose that other businesses would also like to avail themselves of, so that you're not giving proprietary interest in a functional element.
Conservative
Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON
Okay.
Again, bearing in mind that this is Canada's economic action plan, so it's going to save businesses time and money, enabling them to sell more and create more jobs, if we go to section 46 of the TMA, we see that registration of a trademark is currently valid for 15 years. Clause 350 would reduce this to 10 years. How would that benefit a company?
Director General, Marketplace Framework Policy Branch, Department of Industry
This really points to the benefits of being part of an international system. On its own, moving Canadians from 15 years to 10 years means that they have to apply five years earlier. On the face of it, it doesn't look like a benefit. However, if you're maintaining a portfolio of trademarks in many jurisdictions, you want them all to come up at the same time, so there are benefits in being able to manage a portfolio without having trademarks coming up for extensions at different points in different jurisdictions.
The norm internationally is 10 years. We couldn't move the world to 15 years, so we had to move to the international norm of 10 years. It's from that portfolio basis that the benefit and the efficiencies come.
Conservative
Liberal
Judy Sgro Liberal York West, ON
Welcome again. I didn't expect to see you back quite so soon, but I'm glad to see you here.
I'll go to some of the changes. Under part 6 on division 25, those are completely new suggestions, according to the CBA. Why have you not opted to have public consultations on the changes that are proposed here by the government in the economic action plan?
Director General, Marketplace Framework Policy Branch, Department of Industry
Consultations were undertaken. As I noted, the treaties are not new. The decision for Canada to ratify and accede to the treaties is new.
Consultations were undertaken by the Canadian Intellectual Property Office in 2005 on Madrid and Singapore, and in 2010, and then most recently last fall. When the government was looking at potentially moving forward with a decision to undertake ratification, consultations were undertaken with IP expert groups in order to obtain their views, so on the consultations, I think we're very satisfied that they were undertaken.
Director General, Marketplace Framework Policy Branch, Department of Industry
Over the entire period? I don't know the originals....
Chairperson, Trade-marks Opposition Board, Department of Industry
Yes, we could endeavour to get that to you, but—
Liberal
Judy Sgro Liberal York West, ON
Quite specifically, though, to part 6, division 25, it is suggested that there were no consultations, and that's completely new. The government always says that it has consultations. If it's four weeks of consultations versus 40 weeks of consultations, there is a big difference as to whom you consult with and what your results would be.
Director General, Marketplace Framework Policy Branch, Department of Industry
The consultations last fall were, I would say, abbreviated. They were done over a month, a month and a half—
Liberal
Judy Sgro Liberal York West, ON
Right. That's typical. It's the same way we do everything else here.
Director General, Marketplace Framework Policy Branch, Department of Industry
However, looking at the earlier consultation periods, the remarks and the comments that came forward were very indicative. I don't think we saw that there had been a big change in terms of what the responses were.
Liberal
Judy Sgro Liberal York West, ON
There has been some significant concern raised by the U.S. on the changes that Canada is looking at doing with this use issue. Does that not concern you?
Director General, Marketplace Framework Policy Branch, Department of Industry
I'm not aware of any concerns raised by the U.S. I'm sorry.
Chairperson, Trade-marks Opposition Board, Department of Industry
Nor am I.
Liberal
Judy Sgro Liberal York West, ON
It certainly is clear in the documentation that came out of the CBA recently that the U.S. is very concerned. The American Bar Association members were shocked to hear these kinds of changes based on use that Canada was considering.
