Yes.
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.
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.
5 p.m.
Conservative
Mark Warawa Conservative Langley, BC
—and Canada. So if Canada was to adopt that change, then we would be in sync with everybody but the U.S. Is that correct?
5 p.m.
Conservative
Mark Warawa Conservative Langley, BC
What I have heard is that the U.S. envies Canada's opportunity to make the changes that jurisdictionally they cannot change. We as Canada have the opportunity to make those changes and be in sync with the rest of the world. That's what I've heard. Have you heard that?
5 p.m.
Conservative
Mark Warawa Conservative Langley, BC
There you go.
What's the cost for the average business for a trademark application? Do you know what the average cost would be?
5 p.m.
Second Vice-President, Canadian Bar Association
It depends. It depends first if the business is represented by an agent or a law firm. It depends on—
5 p.m.
Second Vice-President, Canadian Bar Association
It's $250 for the application fee. There's a $200 registration fee. There are fees for requesting extensions of time to file declarations of use of $125—
5:05 p.m.
Conservative
Mark Warawa Conservative Langley, BC
Sorry for interrupting, but anything above that is the legal fees that would be charged for that declaration of use form and that would be a direct benefit to the legal community that's doing that work, that bureaucratic work. Is that fair?
5:05 p.m.
Second Vice-President, Canadian Bar Association
The fees attached to a declaration of use are so minimal, really, in contrast to what businesses are going to face in terms of litigation, opposition, etc.
5:05 p.m.
Conservative
The Chair Conservative David Sweet
Thank you very much, Mr. Warawa, and Madam Fuhrer.
Now on to Monsieur Côté.
5:05 p.m.
NDP
Raymond Côté NDP Beauport—Limoilou, QC
Thank you.
I will put these four and a half minutes to good use by beginning with the fact that it is quite difficult to do such work on the back of an envelope, as the government wishes, when these clauses we are studying should have been the subject of a distinct bill rather than being buried in an omnibus bill.
Nonetheless, I thank our witnesses for being here today and sharing their expertise with us as to the repercussions of these changes.
I would like to take advantage of this opportunity to mention a business that is located in my riding of Beauport—Limoilou, that being les Éditions Gladius inc., whose business model greatly depends on the brands it can register. This is an intellectual property issue.
You mentioned a possible increase in trademark litigation. Are certain types of businesses more affected than others?
5:05 p.m.
Treasurer and Past President, Intellectual Property Institute of Canada
If I understand the question, you're asking whether there are certain types of businesses that are more dependent upon their trademarks. There certainly are. A franchise, for example, would be a business that is very heavily dependent on trademarks. There would be certain types of Canadian businesses that would rely heavily on a trademark as an asset of the business and depreciation of that asset could have a substantial effect on the business.
5:05 p.m.
Second Vice-President, Canadian Bar Association
I would just add that really almost every business has trademarks to some degree. Retail businesses tend to have a lot of them and so if I'm answering a little bit more directly, I would say retail businesses feel probably the greatest impact from this.
5:05 p.m.
NDP
Raymond Côté NDP Beauport—Limoilou, QC
I was talking about a manufacturer of games that I visited. Not only are original products being developed there, but the company also manufactures them itself. In the manufacturing sector, are there similar examples of companies who develop original products, companies that could be especially affected?
5:05 p.m.
Treasurer and Past President, Intellectual Property Institute of Canada
I would think it would be large institutional businesses that sell multiple consumer products. That's the first thing that comes to mind. I'm not going to mention any specifically by name, but businesses that sell household detergents to diapers, businesses that sell stereo headsets to television sets and so on.
5:05 p.m.
NDP
Raymond Côté NDP Beauport—Limoilou, QC
I would like to move to another issue. I would like to get into the details of how trademarks are used. I have to tell you that we have really gone after the government officials on this, albeit in a respectful way.
With the changes that are been proposed, how can we be sure of the date when a trademark is first used if there is no registration certificate? What possibilities do businesses have to take action in that respect?