Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
PART 2Related Amendments (continued)
Transitional Provisions (continued)
Marginal note:Investment Canada Act — Section 14.11
117 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 14.11 of that Act as enacted by section 80 of this Act comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if
(a) the investment to which the application relates would have been subject to subsections 14.11(1) or (2) of that Act, had the application been filed on that day; and
(b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.11(1)(a) of that Act.
PART 3Consequential Amendments
R.S.C. 1970, c. C-32Canada Corporations Act
118 Paragraph 16(1)(b) of the Canada Corporations Act is replaced by the following:
(b) to apply for, purchase or otherwise acquire any patents, patent rights, certificates of supplementary protection issued under the Patent Act, rights under such a certificate, copyrights, trade marks, formulae, licences, concessions and the like, conferring any exclusive or non-exclusive or limited right to use, or any secret or other information as to any invention that may seem capable of being used for any of the purposes of the company, or the acquisition of which may seem calculated directly or indirectly to benefit the company, and to use, exercise, develop or grant licences in respect of, or otherwise turn to account, the property, rights or information so acquired;
119 Paragraph 68(1)(e) of the Act is replaced by the following:
(e) a mortgage or charge on goodwill, on any patent or licence under a patent, on any certificate of supplementary protection issued under the Patent Act or licence under such a certificate, on any trade mark or on any copyright or licence under a copyright,
Marginal note:R.S.C. 1970, c. 10 (1st Supp.), s. 15
120 Clause 121(1)(k)(iv)(C) of the Act is replaced by the following:
(C) patents and certificates of supplementary protection issued under the Patent Act,
R.S., c. A-16; 1997, c. 9, s. 89Nuclear Energy Act
Marginal note:1997, c. 9, s. 92
121 Paragraphs 10(1)(c) and (d) of the Nuclear Energy Act are replaced by the following:
(c) with the approval of the Governor in Council, lease or, by purchase, requisition or expropriation, acquire or cause to be acquired nuclear substances and any mines, deposits or claims of nuclear substances and patent rights or certificates of supplementary protection issued under the Patent Act relating to nuclear energy and any works or property for production or preparation for production of, or for research or investigations with respect to, nuclear energy; and
(d) with the approval of the Governor in Council, license or otherwise make available or sell or otherwise dispose of discoveries and inventions relating to, and improvements in processes, apparatus or machines used in connection with, nuclear energy, patent rights and certificates of supplementary protection acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements, patent rights and certificates.
R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act
Marginal note:1993, c. 34, s. 10(E)
122 Section 82 of the Bankruptcy and Insolvency Act is replaced by the following:
Marginal note:Trustee to have right to sell patented articles
82 (1) If any property of a bankrupt vesting in a trustee consists of articles that are subject to a patent or to a certificate of supplementary protection issued under the Patent Act and were sold to the bankrupt subject to any restrictions or limitations, the trustee is not bound by the restrictions or limitations but may sell and dispose of the articles free and clear of the restrictions or limitations.
Marginal note:Right of manufacturer
(2) If the manufacturer or vendor of the articles referred to in subsection (1) objects to the disposition of them by the trustee as provided by this section and gives to the trustee notice in writing of the objection before their sale or disposition, that manufacturer or vendor has the right to purchase the articles at their invoice prices, subject to any reasonable deduction for depreciation or deterioration.
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
Marginal note:1990, c. 37, s. 29
123 (1) The portion of subsection 32(1) of the Competition Act before paragraph (a) is replaced by the following:
Marginal note:Powers of Federal Court where certain rights used to restrain trade
32 (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trade-marks, by a copyright or by a registered integrated circuit topography, so as to
Marginal note:1990, c. 37, s. 29
(2) The portion of subsection 32(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Orders
(2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, certificates of supplementary protection issued under the Patent Act, trade-marks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:
Marginal note:1990, c. 37, s. 29
(3) Paragraph 32(2)(c) of the Act is replaced by the following:
(c) directing the grant of licences under any such patent, certificate of supplementary protection, copyright or registered integrated circuit topography to the persons and on the terms and conditions that the court may deem proper or, if the grant and other remedies under this section would appear insufficient to prevent that use, revoking the patent or certificate of supplementary protection;
Marginal note:2002, c. 16, s. 4(F)
(4) Subsection 32(3) of the Act is replaced by the following:
Marginal note:Treaties, etc.
(3) No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement respecting patents, certificates of supplementary protection, trade-marks, copyrights or integrated circuit topographies to which Canada is a party.
Marginal note:2009, c. 2, s. 426
124 Paragraph 76(3)(c) of the Act is replaced by the following:
(c) has the exclusive rights and privileges conferred by a patent, certificate of supplementary protection issued under the Patent Act, trade-mark, copyright, registered industrial design or registered integrated circuit topography.
Marginal note:1990, c. 37, s. 32
125 Paragraph 86(4)(b) of the Act is replaced by the following:
(b) a wider licensing of patents, certificates of supplementary protection issued under the Patent Act or registered integrated circuit topographies;
R.S., c. D-1Defence Production Act
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 3)
126 Paragraph (b) of the definition royalties in section 2 of the Defence Production Act is replaced by the following:
(b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent, certificate of supplementary protection issued under the Patent Act or registered industrial design;
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
127 (1) Subsections 22(1) and (2) of the Act are replaced by the following:
Marginal note:Relief from claims and proceedings for royalties
22 (1) The Minister may, on behalf of Her Majesty, contract with any person that Her Majesty will relieve that person from any claims, actions or proceedings for the payment of royalties for the use or infringement of any patent, certificate of supplementary protection, registered industrial design or registered topography by that person in, or for the furnishing of any engineering or technical assistance or services to that person for, the performance of a defence contract.
Marginal note:Relief from royalty payments
(2) A person with whom the Minister has contracted under subsection (1) is not liable to pay royalties under any contract, statute or otherwise by reason of the use or infringement of a patent, certificate of supplementary protection, registered industrial design or registered topography in, or in respect of engineering or technical assistance or services furnished for, the performance of a defence contract and to which the contract under subsection (1) applies.
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
(2) Subsection 22(3) of the English version of the Act is replaced by the following:
Marginal note:Compensation for use
(3) A person who, but for subsection (2), would be entitled to a royalty from another person for the infringement or use of a patent, certificate of supplementary protection, registered industrial design or registered topography or in respect of engineering or technical assistance or services is entitled to reasonable compensation from Her Majesty for the infringement, use or services and, if the Minister and that person cannot agree as to the amount of the compensation, it shall be fixed by the Commissioner of Patents.
Marginal note:1994, c. 47, s. 220 (Sch. IV, item 4)
(3) Subsection 22(5) of the Act is replaced by the following:
Marginal note:Definitions
(5) In this section, certificate of supplementary protection has the same meaning as in section 2 of the Patent Act and registered topography has the same meaning as in subsection 2(1) of the Integrated Circuit Topography Act.
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