Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
PART 3Consequential Amendments (continued)
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Marginal note:1990, c. 37, s. 34(1); 2002, c. 8, s. 29
128 Section 20 of the Federal Courts Act is replaced by the following:
Marginal note:Industrial property, exclusive jurisdiction
20 (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,
(a) in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and
(b) in all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.
Marginal note:Industrial property, concurrent jurisdiction
(2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).
R.S., c. P-32Public Servants Inventions Act
129 (1) Subsection 9(1) of the Public Servants Inventions Act is replaced by the following:
Marginal note:Administration and control of inventions
9 (1) The administration and control of any invention vested in Her Majesty by this Act and any patent or certificate of supplementary protection issued with respect to the invention are vested in the appropriate minister, and the appropriate minister may transfer that administration and control to any other minister or to any corporate agency of Her Majesty.
(2) Subsection 9(3) of the Act is replaced by the following:
Marginal note:Authority of Crown agencies
(3) Despite anything in its charter or Act of incorporation, an agency to which the administration and control of any invention, patent or certificate of supplementary protection is transferred under this section has the capacity and power to receive, hold, administer, control, develop and exploit the invention, patent or certificate and generally to carry out the provisions of this Act with respect to the invention, patent or certificate.
(3) Subsection 9(4) of the English version of the Act is replaced by the following:
Marginal note:Administration of moneys
(4) If the administration and control of any invention or patent has been transferred under this section to a corporate agency of Her Majesty, any money received by the corporate agency in the course of the administration and control of the invention, patent or certificate of supplementary protection may be retained by that corporate agency, and shall be used for the purposes of this Act and the objects and purposes for which the agency was established.
2007, c. 25Olympic and Paralympic Marks Act
130 Paragraph 3(4)(f) of the Olympic and Paralympic Marks Act is replaced by the following:
(f) the use of a protected geographical indication identifying a wine or spirit or an agricultural product or food if the wine or spirit or the agricultural product or food originates in the territory indicated by the indication;
2014, c. 28Canada–Korea Economic Growth and Prosperity Act
131 The heading before section 16 and sections 16 to 22 of the Canada–Korea Economic Growth and Prosperity Act are repealed.
Transitional Provisions
Marginal note:Korean indications
132 (1) Despite subsection 11.12(2) and section 11.13 of the Trade-marks Act, the Registrar, as defined in section 2 of that Act, must, as soon as practicable after this subsection comes into force, enter all of the following indications on the list of geographical indications kept under subsection 11.12(1) of that Act:
Marginal note:Deemed entry on list
(2) The indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force.
Marginal note:For greater certainty
(3) For greater certainty, the Registrar is not required to enter those translations on the list.
Marginal note:Geographical indications
(4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of that Act.
Marginal note:Acquired rights — Canada–Korea
(5) For the purpose of subsection 11.2(3) of that Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication listed in section 11.23, as a reference to “January 1, 2015”.
PART 4Coordinating Amendments and Coming into Force
Coordinating Amendments
Marginal note:2009, c. 23
133 (1) In this section, other Act means the Canada Not-for-profit Corporations Act.
(2) If paragraph 313(j) of the other Act comes into force before section 118 of this Act, then that section 118 is repealed.
(3) If paragraph 313(j) of the other Act comes into force on the same day as section 118 of this Act, then that section 118 is deemed never to have come into force and is repealed.
(4) If paragraph 313(s) of the other Act comes into force before section 119 of this Act, then that section 119 is repealed.
(5) If paragraph 313(s) of the other Act comes into force on the same day as section 119 of this Act, then that section 119 is deemed never to have come into force and is repealed.
(6) If paragraph 313(z.08) of the other Act comes into force before section 120 of this Act, then that section 120 is repealed.
(7) If paragraph 313(z.08) of the other Act comes into force on the same day as section 120 of this Act, then that section 120 is deemed never to have come into force and is repealed.
Marginal note:2014, c. 20
134 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.
(2) If section 362 of the other Act comes into force before section 60 of this Act, then every reference to “trade-name” in section 60 of the English version of this Act is replaced by a reference to “trade name”.
(3) If section 362 of the other Act comes into force on the same day as section 60 of this Act, then that section 60 is deemed to have come into force before that section 362.
(4) If section 366 of the other Act comes into force before this Act receives royal assent, then every reference to “trade-mark”, “trade-marks” and “Trade-marks” is replaced by a reference to “trademark”, “trademarks” and “Trademarks”, respectively, in the following provisions of the English version of this Act:
(5) If section 366 of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that section 366 comes into force.
(6) If section 355 of the other Act comes into force before section 74 of this Act, then that section 74 is replaced by the following:
74 Section 61(1) of the Act is replaced by the following:
Marginal note:Judgments to be filed
61 (1) An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trademark on the register or to any protected geographical indication.
(7) If section 355 of the other Act comes into force on the same day as section 74 of this Act, then that section 74 is deemed to have come into force before that section 355.
(8) If section 358.3 of the other Act comes into force before section 76 of this Act, then that section 76 is replaced by the following:
76 The Act is amended by adding the following before section 69:
Marginal note:Use of the indication “Beaufort”
68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Use of the indication “Nürnberger Bratwürste”
(2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013.
Marginal note:Use of the indication “Jambon de Bayonne”
(3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Restriction
(4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.
(9) If section 76 of this Act comes into force before section 358.3 of the other Act, then that section 358.3 is repealed.
(10) If section 358.3 of the other Act comes into force on the same day as section 76 of this Act, then that section 358.3 is deemed never to have come into force and is repealed.
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