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Industry committee Thank you very much. It's a pleasure to be here today. We spend our days where I work thinking about IP, thinking about how it affects the marketplace, and thinking about how it can be improved, so we really welcome the work of the committee in this area. I'd like to start by
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Sure. Sylvain can perhaps...?
May 10th, 2012Committee meeting
Gerard Peets
Industry committee This is the practice of a firm developing multiple patents—it could be in the hundreds—surrounding a core technology. The example that's typically given is the cellphone, which can be the subject of a myriad of patents that cover various aspects of the technology. Some firms will
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Sorry, you're reminding me how we're in a little world here and we get used to certain things, one of which is non-practising entities. This is a reference to firms that obtain a patent pool—a bunch of patents—and their business is to monetize those through lawsuits, through liti
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Sure. To some extent, different parts of IP have different stakeholder groups, and then to some extent, they share them in common and span the groups. For example, the copyright debate is often framed in terms of the copyright rights-holder businesses, and those are some of the b
May 10th, 2012Committee meeting
Gerard Peets
Industry committee I think my colleagues will want to jump in on this one too, if that's okay. I could perhaps get started by offering that patent thickets, as a phenomenon, aren't novel to the current day and age. They are emerging as an issue in some sectors, and we're hearing from businesses t
May 10th, 2012Committee meeting
Gerard Peets
Industry committee I could answer this by going back to some of the things that we hear. As I mentioned, the most widespread feedback we get from a variety of people is that copyright modernization is overdue. So that's been a priority, and that is currently the priority. The second thing is that
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Absolutely. That's actually linked to the question that the chair asked me at the end of the presentation. Some of the things I would put in that bundle include that firms are feeling they need to develop defensive patent portfolios. We have talked to some firms in the ICT sector
May 10th, 2012Committee meeting
Gerard Peets
Industry committee I would probably want to think about this a little bit. Some of the discussion earlier in response to Mr. Braid's question would apply here; that's where I tried to identify some of the main IP stakeholder groups. Generally, what you see is that the main IP stakeholder groups h
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Again, that's a very good question. The patent is something that can be sold or assigned or licensed. That's provided for, and it's kind of intrinsic to the idea of taking an invention then marketing it. With respect to the question of patent portfolios moving from Canada to th
May 10th, 2012Committee meeting
Gerard Peets
Industry committee Yes, the sale of just a patent portfolio without a controlling interest in a corporation wouldn't trigger the Investment Canada Act.
May 10th, 2012Committee meeting
Gerard Peets
Industry committee One of the messages I tried to get across in the presentation is that there is a lot of convergence in the area of IP policy at the basic level. Between us and our trading partners, intellectual property frameworks, in terms of the basic building blocks—more or less the terms of
May 10th, 2012Committee meeting
Gerard Peets
Industry committee There certainly is a tension when you talk about setting up a right to exclude others from a market—essentially, if you constrain the concept of market to the market for your one little invention. There is tension between that and the idea of competition. So, to the extent that
May 10th, 2012Committee meeting
Gerard Peets
Industry committee I can perhaps start, and then perhaps my colleagues will want to join in. Just to answer the last question first, a patent that's granted in Canada applies in Canada. These IP rights apply in the country that they're given in, and that's what's underlying the idea that you paten
May 10th, 2012Committee meeting
Gerard Peets
Industry committee The enforcement of patents in foreign countries is important for exporters. We have some data, actually. I don't know if I can bring it up quickly. Yes, here it is. The RCMP has reported over $76 million in retail seizures in Canada, in 2011, of counterfeit goods. The OECD estim
May 10th, 2012Committee meeting
Gerard Peets