On the definition of “distinctive”, the phrase that we are suggesting be taken out of Bill C-8 is the phrase “inherently capable of distinguishing”. Why we think that introduces uncertainty is simply that under the current law it's been made clear that you have to demonstrate that a trademark actually is distinctive. In the pharmaceutical industry, where wording matters, and issues of technical definitions matter and are litigated extensively, putting in a new concept there, we believe, will open up more litigation, more uncertainty. That particular phrase is what our law firms have flagged for us.
On November 20th, 2013. See this statement in context.