Good morning. It's nice to be back.
My name is Mark Schaan, as you have just heard, and I'm the director general of the marketplace framework policy branch at Innovation, Science and Economic Development Canada. Along with me are my colleagues, Alison McDermott and Konstantinos Georgaras, who also have interests on the technology transfer and intellectual property administration side.
To start off our presentation, I'll provide a brief overview of our intellectual property laws and of how they benefit our marketplace frameworks.
Then, my colleague from the science and innovation sector will provide more details regarding the relationship between IP and universities, and technology transfer in the post-secondary sector.
Finally, my colleague from the Canadian Intellectual Property Office, or CIPO, will provide an overview of CIPO’s mandate and responsibilities and some information regarding public sector patenting activity.
First, just to put our IP laws in the broader policy context, they are considered to be key marketplace framework laws in Canada. We recognize that they play a critical role in encouraging innovation, attracting investment, and supporting other key drivers of the Canadian economy.
As you can see from the statistics, Canada has a decent track record when it comes to our marketplace frameworks. That said, we know we need to do better, particularly in the use of IP by firms. IP laws create terms of protection enshrining public and private rights.
As you see, copyrights protect original creative works, such as books, movies, music, and video games. Copyright lasts for the life of the author plus 50 years, or 70 years for sound recording. Patents protect novel inventions, such as advancements in technology, pharmaceuticals, and processes. Patents last for 20 years from filing.
Trademarks promote certainty in the marketplace by protecting distinctive branding used in commerce, such as a logo, a slogan, or brand names that distinguish the goods and services of one person or organization from those of others. Once amendments to the Trade-marks Act come into force, a trademark registration will last 10 years, renewable indefinitely for additional 10-year periods.
Industrial designs protect product designs, such as the shape of a lamp or the design of a chair. Once the amendments to the Industrial Design Act come into force, industrial design rights will last the later of either 10 years from the date of registration or 15 years from the date of filing. These rights prevent others from using, copying, selling, or manufacturing without authorization of rights holders.
IP laws establish the requirements to obtain or challenge the rights, their use, length, and scope of protection, and the administration governing the granting, registration, and maintenance of IP rights. IP rights are domestic but are anchored in treaties, which set minimal requirements.
Canada’s IP regime has three main objectives. The first is to support innovation and enable innovators to extract value from their creations and recoup investments. The second is to ensure Canadians have access to a wide range of innovative products, new technologies, and new goods and services. The third is to promote consumers' confidence in the marketplace.
Well-functioning marketplace frameworks generate positive outcomes for Canadians. They provide incentives for innovation and creativity; ensure access to the latest technologies and ideas; foster competition; promote confidence in the marketplace; and balance competing stakeholder interests as well as the common good.
IP-intensive industries are key drivers of the Canadian economy. As this chart shows, the orange bar demonstrates that they account for almost 14% of all jobs in Canada and more than 25% of our GDP. About 40% of all Canadian exports are from IP-intensive industries. We know that SMEs that own IP are more like to grow to scale and have a greater propensity to export. For example, SMEs that hold formal IP are four times more likely to export, 64% more likely to be high-growth, and 32% more likely to seek financing.
Canada has made strides to improve and align its IP regime with those of our international partners. For example, we introduced amendments to ratify the CETA agreement, which included an additional period of protection for eligible pharmaceutical patents.
In 2016 Canada played a leading international role in intellectual property. Canada amended its Copyright Law to implement and accede to the Marrakesh treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print-disabled. Canada was the critical 20th country needed to bring the treaty into force internationally.
Our agenda for 2017 is very ambitious. We know that there will be a parliamentary review of the Copyright Act. The five-year review is mandated by section 92 of the Copyright Act, which requires that Parliament review the Copyright Act every five years. Five-year reviews are intended to ensure that the act remains responsive to changes in technology.
Budget 2017 also announced that the government will develop a new comprehensive intellectual property strategy over the coming year. This strategy will help ensure that Canada's intellectual property regime is modern and robust and supports commercializing Canadian innovations in the 21st century.
The purpose of the IP strategy is to support the objectives of the innovation and skills plan—namely, fostering an ecosystem that supports businesses to grow to scale. The strategy will work to do this by ensuring that the IP regime is efficient, that it fosters innovation, and that firms have the awareness and incentive to strategically use IP to grow and compete.
With that I'll turn it to my colleague, Alison.