Evidence of meeting #22 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.
4:55 p.m.
Treasurer and Past President, Intellectual Property Institute of Canada
That would be my most significant concern.
4:55 p.m.
Second Vice-President, Canadian Bar Association
Yes, I agree that it is the most significant. There are others, but it's the most.
4:55 p.m.
Second Vice-President, Canadian Bar Association
Well, I did touch on it a little bit in my remarks: the fact that there's only a six-month window for correcting errors made by CIPO on registrations; the fact that applicants could be facing a class fee not only at the filing of an application but at renewal, for example, which occurs in the U.S. I will say that, at the moment, Canada has a filing fee of $250 for a trademark application and a registration fee of $200, regardless of how many goods or services are covered in an application. In the U.S., the per-class fee is $325 U.S., and they will charge a class fee if you're requesting an extension of time, etc., or filing a renewal application. It's an opportunity for costs to escalate quite a bit for business.
4:55 p.m.
Treasurer and Past President, Intellectual Property Institute of Canada
I will add to that point that the Nice classification system is a little bit odd by today's standards. For example, metal garbage cans and plastic garbage cans fall into two different classes. In a system that moves toward a per-class fee, you would end up paying a lot more to cover garbage cans of all types than to cover one or the other. There's not necessarily a sensibility there.
4:55 p.m.
Liberal
Judy Sgro Liberal York West, ON
Just so you're aware, we received this from the finance committee, of course. We're holding some of these hearings, but we're not able to recommend some of the changes you're suggesting here at this committee. I would assume you've already been before the finance committee on this issue. If you haven't, maybe you could manage to manoeuvre yourselves an opportunity to go before finance, where they could actually respond to these changes there. We're not in a position to be able to do that.
Thank you.
5 p.m.
Conservative
The Chair Conservative David Sweet
Thank you, Madam Sgro. We're over time.
Now on to Mr. Warawa, for four and a half minutes.
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Conservative
Mark Warawa Conservative Langley, BC
Thank you.
On the point made by Ms. Sgro, I don't think it would be efficient use of anybody's time for the same witnesses to go to multiple committees. That's why they're here. We can make recommended changes. They don't have to go to finance. They're here and we're here to listen to them.
Who is representing the Canadian Bar Association? Thank you.
Ms. Fuhrer, you've said that Europe is rethinking the declaration of use form.
5 p.m.
Second Vice-President, Canadian Bar Association
That's my understanding. I haven't received any specifics, but I have been informed that is occurring.
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Conservative
5 p.m.
Second Vice-President, Canadian Bar Association
You know what? I just don't know what stage they are at in their deliberations about this.
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Conservative
Mark Warawa Conservative Langley, BC
Is it fair to say that they are not using the declaration of use form at this time?
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Second Vice-President, Canadian Bar Association
At the moment, that's correct, yes.
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Conservative
Mark Warawa Conservative Langley, BC
Is it fair to say that may not change, that they may continue not to use—
5 p.m.
Second Vice-President, Canadian Bar Association
Yes, that is a possibility as well. Again, it's just my understanding that they are reconsidering.
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Conservative
Mark Warawa Conservative Langley, BC
Okay, and we're talking about the Madrid protocol. That does not require the use of—
5 p.m.
Second Vice-President, Canadian Bar Association
No, the European Union has its own system, so it is possible to obtain what's called a community trademark registration. That is different from the Madrid filing system.
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Conservative
Mark Warawa Conservative Langley, BC
Great.
The Madrid filing system does not require the use of the declaration of use form.
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Conservative
Mark Warawa Conservative Langley, BC
Okay.
If Bill C-31 were adopted, and finding efficiencies of the use of trademark, would it be fair to say that then we would be in line with the international standards of Europe, in that they do not require the use of the declaration of use form?
5 p.m.
Second Vice-President, Canadian Bar Association
That's an interesting question because on Madrid all we have is one provision in Bill C-31 that leaves it to the Governor in Council to enact regulations. So we haven't seen anything about how this government is going to implement the Madrid protocol.
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Second Vice-President, Canadian Bar Association
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Conservative
Mark Warawa Conservative Langley, BC
So you've said that the other countries that require the use of the declaration of use form are the United States—