Patent Act (R.S.C., 1985, c. P-4)

Act current to 2014-09-01 and last amended on 2013-06-26. Previous Versions

OFFENCES AND PUNISHMENT

 [Repealed, R.S., 1985, c. 33 (3rd Supp.), s. 26]

Marginal note:Offences

 Every person who

  • (a) without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps or otherwise marks on anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing,

  • (b) without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps or otherwise marks on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee, or

  • (c) with intent to deceive the public offers for sale as patented in Canada any article not patented in Canada,

is guilty of an indictable offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months or to both.

  • R.S., c. P-4, s. 78.
Marginal note:False representations, false entries, etc.

 Every person who, in relation to the purposes of this Act and knowing it to be false,

  • (a) makes any false representation,

  • (b) makes or causes to be made any false entry in any register or book,

  • (b.1) submits or causes to be submitted, in an electronic form, any false document, false information or document containing false information,

  • (c) makes or causes to be made any false document or alters the form of a copy of any document, or

  • (d) produces or tenders any document containing false information,

is guilty of an indictable offence and liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

  • R.S., 1985, c. P-4, s. 76;
  • 1993, c. 15, s. 53.
Marginal note:Offence respecting patented medicines
  •  (1) Every person who contravenes or fails to comply with section 80, 81, 82 or 88 or any order made thereunder is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both; and

    • (b) in the case of a corporation, to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Idem

    (2) Every person who contravenes or fails to comply with section 84 or any order made under section 83 is guilty of an offence punishable on summary conviction and liable

    • (a) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both; and

    • (b) in the case of a corporation, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Limitation period

    (3) Proceedings for an offence under subsection (1) or (2) may be commenced within, but not later than, two years after the time when the subject-matter of the proceedings arose.

  • Marginal note:Continuing offence

    (4) Where an offence under subsection (1) or (2) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 1993, c. 2, s. 6.