Archived — Modernizing the IP Community

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Acknowledgments

The members of the working group responsible for this report would like to thank the Intellectual Property Institute of Canada (IPIC), the International Federation of Intellectual Property Attorneys (FICPI), and the International Association for the Protection of Intellectual Property (AIPPI), for supporting the launch of this work by encouraging some of their members to participate in the discussions leading to this report. This report forms the basis for future discussions between those organizations and the Canadian Intellectual Property Office on the topic of modernizing the intellectual property (IP) community. The co-chairs of the working groups recognize the contributions of the many firms and organizations that supported the participation of their partners, associates, and employees in this project.

The co-chairs recognize the remarkable cooperation between the CIPO staff and volunteers who formed the working group, and they look forward to continued cooperation in the implementation stages of the recommendations.

The private sector co-chairs (representing the patent and trademark professions in Canada) believe that this report and all the work that has gone into it represent the first of many steps that are necessary to ensure that Canada has the appropriate modern framework for the IP professions. This will ensure that the interests of the Canadian public are well served in the field of intellectual property. The private sector co-chairs wish to note that this report does not address the long-standing recommendation of the agent professions in Canada to protect the public interest through an autonomous governance model similar to that of other professions in Canada. That implementation option was outside the scope of this report.

The working group thanks the employees of foreign IP offices who responded to our questionnaires and offered their perspective on many of the issues central to this report.

The working group also acknowledges the contribution of Elisabeth Lang, Director General of Program Policy and Regulatory Affairs at the Office of the Superintendent of Bankruptcy.

Table of contents

• Executive summary
• 1. Introduction
  • 1.1 Background to the initiative
  • 1.2 Report structure
• 2. Modernizing the register of patent agents and the list of trademark agents
  • 2.1 Background
  • 2.2 Agent lists
  • 2.3 What should be on the lists and how should it get there?
  • 2.4 Further investigation required
  • 2.5 Conclusions
  • 2.6 Recommendations
• 3. Qualifications for patent and trademark agents
  • 3.1 Background
  • 3.2 Proposals for modernizing agent qualification
  • 3.3 Conclusions
  • 3.4 Recommendations
• 4. Continuing professional development for patent and trademark agents
  • 4.1 Background
  • 4.2 Reasons for mandatory CPD
  • 4.3 CPD in other jurisdictions
  • 4.4 A CPD program for the IP profession
  • 4.5 What are valid CPD activities?
  • 4.6 Conclusions
  • 4.7 Recommendations
• 5. A values and ethics framework for IP agents
  • 5.1 Background
  • 5.2 A code of conduct
  • 5.3 Framework for implementation and enforcement of a code of conduct
  • 5.4 Moving forward—a disciplinary framework for IP agents
  • 5.5 Further investigation required
  • 5.6 Recommendations
• 6.Closing remarks
• Appendix A—Project charter
• Appendix B—Working group members
• Appendix C—Sample from the patent agents register
• Appendix D—Mock-ups of proposed agent database
• Appendix E—Survey results from IP agents in foreign jurisdictions
• Appendix F—Intellectual Property Institute of Canada—Draft Code of Conduct
• Appendix G—Code of Conduct of the Intellectual Property Institute of Canada

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