Friday, June 6, 2025
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy
      • Economic Policy
      • Justice
      • Rights and Freedoms
      • Assisted Suicide (MAID)
      • Health Care
      • COVID-19
      • Gender Identity
      • Canada’s Political Tradition
      • AI, Technology and Innovation
      • Media and Telecoms
      • Housing
      • Immigration
      • Agriculture and Agri-Food
      • Competition Policy
    • Energy Policy
      • Energy
      • Environment
    • Foreign Policy
      • Israel-Hamas War
      • Ukraine
      • Taiwan
      • China
      • Europe and Russia
      • Indo-Pacific
      • Middle East and North Africa
      • North America
      • Foreign Interference
      • National Defence
      • National Security
      • Foreign Affairs
    • Indigenous Affairs
  • Projects
    • CNAPS (Center for North American Prosperity and Security)
    • The Promised Land
    • Voices that Inspire: The Macdonald-Laurier Vancouver Speaker Series
    • Dragon at the Door
    • Canada on top of the world
    • Justice Report Card
    • The Great Energy Crisis
    • DisInfoWatch.org
    • Double Trouble
    • Digital Policy & Connectivity
    • Managing Indigenous Prosperity
    • Defending The Marketplace of Ideas
    • Reforming the University
    • Past Projects
      • Canada and the Indo-Pacific Initiative
      • The Transatlantic Program
      • COVID Misery Index
        • Provincial COVID Misery Index
        • Beyond Lockdown
        • COVID and after: A mandate for recovery
      • Speak for Ourselves
      • The Eavesdropping Dragon: Huawei
      • Talkin’ in the Free World with Mariam Memarsadeghi
      • An Intellectual Property Strategy for Canada
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
      • Straight Talk
      • Labour Market Report
      • Leading Economic Indicator
      • Centre for Advancing Canada’s Interests Abroad
      • Indigenous Prosperity at a Crossroads
        • Aboriginal Canada and Natural Resources
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Inside Policy
  • Libraries
    • Columns
    • Commentary
    • Papers
    • Books
    • Video
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy
      • Economic Policy
      • Justice
      • Rights and Freedoms
      • Assisted Suicide (MAID)
      • Health Care
      • COVID-19
      • Gender Identity
      • Canada’s Political Tradition
      • AI, Technology and Innovation
      • Media and Telecoms
      • Housing
      • Immigration
      • Agriculture and Agri-Food
      • Competition Policy
    • Energy Policy
      • Energy
      • Environment
    • Foreign Policy
      • Israel-Hamas War
      • Ukraine
      • Taiwan
      • China
      • Europe and Russia
      • Indo-Pacific
      • Middle East and North Africa
      • North America
      • Foreign Interference
      • National Defence
      • National Security
      • Foreign Affairs
    • Indigenous Affairs
  • Projects
    • CNAPS (Center for North American Prosperity and Security)
    • The Promised Land
    • Voices that Inspire: The Macdonald-Laurier Vancouver Speaker Series
    • Dragon at the Door
    • Canada on top of the world
    • Justice Report Card
    • The Great Energy Crisis
    • DisInfoWatch.org
    • Double Trouble
    • Digital Policy & Connectivity
    • Managing Indigenous Prosperity
    • Defending The Marketplace of Ideas
    • Reforming the University
    • Past Projects
      • Canada and the Indo-Pacific Initiative
      • The Transatlantic Program
      • COVID Misery Index
        • Provincial COVID Misery Index
        • Beyond Lockdown
        • COVID and after: A mandate for recovery
      • Speak for Ourselves
      • The Eavesdropping Dragon: Huawei
      • Talkin’ in the Free World with Mariam Memarsadeghi
      • An Intellectual Property Strategy for Canada
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
      • Straight Talk
      • Labour Market Report
      • Leading Economic Indicator
      • Centre for Advancing Canada’s Interests Abroad
      • Indigenous Prosperity at a Crossroads
        • Aboriginal Canada and Natural Resources
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Inside Policy
  • Libraries
    • Columns
    • Commentary
    • Papers
    • Books
    • Video
No Result
View All Result
Macdonald-Laurier Institute

Eliminating dysfunction in Canada’s intellectual property regime: New MLI paper

June 15, 2017
in Latest News, Papers, Releases, Intellectual Property Rights Strategy
Reading Time: 4 mins read
A A

20170607_MLI_Intel property INFOGRAPHIC_10-5x8 v4

Ottawa will need to take action on patents, copyright and anti-piracy measures to make Canada a world leader in intellectual property protection

OTTAWA, June 15, 2017 – Ottawa will need to adopt a bold strategy to fix a Canadian intellectual property regime that is rife with dysfunction, writes Richard Owens in a new paper for the Macdonald-Laurier Institute.

Patents, copyright and anti-piracy measures are some of the areas that will require the federal government’s attention as it follows through on its promise to craft a new intellectual property strategy for Canada.

“Over the last 30 years a great deal of shoring up and improving has been done, largely in response to treaty developments. This ought to continue,” writes Owens.

“But intellectual property rights (IPRs) are a living system and problems develop. And so this paper presents a review of IPR dysfunction in Canada, and suggests improvements worthy of a true intellectual property strategy”.

To read the full paper, titled “Eliminating dysfunction in Canada’s intellectual property regime”, click here.

This is the third in a series of MLI papers on strengthening Canada’s intellectual property regime.

In the first paper Owens and co-author Michael Robichaud documented the strong evidence that economic benefits and increased innovation are connected to stronger intellectual property protections. Even better, they don’t cost government anything.

In the second paper, the authors examined Canada’s history of IP law and participation in global agreements, and found that an economy like Canada’s is particularly well-suited to an environment of strong IP rights.

Owens offers the following recommendations in the series:

Patent subject matter: The exclusion of higher life forms from patentability sets Canada apart from every other OECD nation, which all allowed the patent on the famous “Harvard mouse.” Moreover, the Harvard College Supreme Court case could be a precedent to permit a lower court to disallow a patent on any novel subject matter it finds objectionable – new abortion medicines? – which is troublesome. Recommendation: As recommended in paper number 1, Canada should legislate patent protection for higher life forms.

Life sciences patents regime: We must recognize that Canada has significant R&D activity in life sciences and fix the unnecessary weaknesses in its IP regime for life sciences innovation. Recommendation: To that end Canada should:

  • Adopt a term of patent restoration no less than the two-year minimum required by CETA and preferably, to be internationally competitive, five years.
  • Address the judge-made utility requirements that are invalidating patents relating to clearly beneficial drugs and other life sciences inventions. If the Supreme Court does not reverse course with its upcoming decision on the AstraZeneca case, then a legislative fix is required.
  • Promptly ensure an equal right of appeal for innovators of proceedings such as those currently brought under the Notice of Compliance regulations.
  • Provide 10 years of data protection rather than the eight required by CETA.

Notice and notice: Whether or not a copyright pirate is also a soccer mom, as proponents like to suggest, is no more relevant to whether she should suffer the consequences of her actions than if she steals soccer equipment. Recommendation: Canada’s toothless “notice and notice” regime for dealing with infringers should be replaced by the stricter “notice and takedown” standard, with appropriate penalties too.

Fair dealing: “Fair dealing” has become as messy and ill-considered as notice and notice. This exception in the Copyright Act allows copying of a substantial portion of a work and even, in certain circumstances, all of it, without the author’s permission. The struggles of the educational publishing industry are illustrative of the negative effects. Recommendation: Reverse by legislation the excesses of the Supreme Court in expanding fair dealing in copyright.

User generated content: The “user generated content” provision of the Copyright Act essentially allows individuals to steal someone else’s work, mar it, and then distribute it through Youtube. While the section provides that this may be done only for non-commercial purposes, the way it is (very badly) worded makes it ineffective in preventing commercial use. Recommendation: This parochial deviation promoted by the “made-in-Canada” school of IP policy ought to be deleted from the Copyright Act.

Copyright term extension: As discussed in the first paper, there is no reason copyright should be singled out from other types of property for expiry. Recommendation: Canada should be bold and end copyright terms altogether, or failing that, adopt the widely-used term of 70 years plus the life of the author for all works.

IP in the courts: A number of the weaknesses in Canada’s IP regime, including the interpretation of fair dealing and the application of the promise doctrine, have been created by or exacerbated by the courts. IP is too important in the modern economy not to be well-served by the nation’s highest court. Recommendation: Ensure that solid intellectual property knowledge and skills are continuously represented on the SCC.

Additional recommendations: In addition to these recommendations above, the papers in this series have recommended supporting small and medium sized enterprises to attain patents; fully implementing recent trade agreements (TPP and CETA); and rejecting trade imbalances in IP-protected goods and services as the basis for IP policy.

“In all, this series makes 10 specific recommendations; each one intended to help position Canada as a leader in innovation, and together they could form the basis for an IP strategy that would serve Canada very well in the future”, writes Owens.

***

Richard Owens is a Munk Senior Fellow with the Macdonald-Laurier Institute and lawyer who has specialized in business and commercial law, regulation of financial institutions, intellectual property and technology.

The Macdonald-Laurier Institute is the only non-partisan, independent national public policy think tank in Ottawa focusing on the full range of issues that fall under the jurisdiction of the federal government.

For more information, please contact Mark Brownlee, communications manager, at 613-482-8327 x105 or email at mark.brownlee@macdonaldlaurier.ca.

Tags: intellectual propertyRichard Owens

Related Posts

Free markets and liberty are not ends unto themselves: Oren Cass and Peter Copeland for Inside Policy Talks
Domestic Policy

Free markets and liberty are not ends unto themselves: Oren Cass and Peter Copeland for Inside Policy Talks

June 5, 2025
Empowering maritime First Nations: Improving treaty rights under the Marshall decision
Indigenous Affairs

Empowering maritime First Nations: Improving treaty rights under the Marshall decision

June 5, 2025
Canada’s health care system won’t change until we stop trying to fix it: Shawn Whatley in Canada Healthwatch
Health

Canada’s health care system won’t change until we stop trying to fix it: Shawn Whatley in Canada Healthwatch

June 5, 2025
Next Post
Nazareth in iPolitics: Weak temporary foreign worker program hurts the economy

Why our ideas on income inequality are wrong: Sean Speer and Daniel Mahoney for CapX

Newsletter Signup

  Thank you for Signing Up
  Please correct the marked field(s) below.
Email Address  *
1,true,6,Contact Email,2
First Name *
1,true,1,First Name,2
Last Name *
1,true,1,Last Name,2
*
*Required Fields

Follow us on

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario, K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

  • Inside Policy Magazine
  • Annual Reports
  • Jobs
  • Privacy Policy

© 2023 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy
      • Economic Policy
      • Justice
      • Rights and Freedoms
      • Assisted Suicide (MAID)
      • Health Care
      • COVID-19
      • Gender Identity
      • Canada’s Political Tradition
      • AI, Technology and Innovation
      • Media and Telecoms
      • Housing
      • Immigration
      • Agriculture and Agri-Food
      • Competition Policy
    • Energy Policy
      • Energy
      • Environment
    • Foreign Policy
      • Israel-Hamas War
      • Ukraine
      • Taiwan
      • China
      • Europe and Russia
      • Indo-Pacific
      • Middle East and North Africa
      • North America
      • Foreign Interference
      • National Defence
      • National Security
      • Foreign Affairs
    • Indigenous Affairs
  • Projects
    • CNAPS (Center for North American Prosperity and Security)
    • The Promised Land
    • Voices that Inspire: The Macdonald-Laurier Vancouver Speaker Series
    • Dragon at the Door
    • Canada on top of the world
    • Justice Report Card
    • The Great Energy Crisis
    • DisInfoWatch.org
    • Double Trouble
    • Digital Policy & Connectivity
    • Managing Indigenous Prosperity
    • Defending The Marketplace of Ideas
    • Reforming the University
    • Past Projects
      • Canada and the Indo-Pacific Initiative
      • The Transatlantic Program
      • COVID Misery Index
      • Speak for Ourselves
      • The Eavesdropping Dragon: Huawei
      • Talkin’ in the Free World with Mariam Memarsadeghi
      • An Intellectual Property Strategy for Canada
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
      • Straight Talk
      • Labour Market Report
      • Leading Economic Indicator
      • Centre for Advancing Canada’s Interests Abroad
      • Indigenous Prosperity at a Crossroads
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Inside Policy
  • Libraries
    • Columns
    • Commentary
    • Papers
    • Books
    • Video

© 2023 Macdonald-Laurier Institute. All Rights reserved.

Lightbox image placeholder

Previous Slide

Next Slide

Share

Facebook ShareTwitter ShareLinkedin SharePinterest ShareEmail Share

TwitterTwitter
Hide Tweet (admin)

Add this ID to the plugin's Hide Specific Tweets setting: