Transcript Governance, Innovation and Intellectal Property in Canada

GOVERNANCE
AND INTELLECTUAL PROPERTY
IN CANADA
CONTENT
• Part I: The Government Machinery
• Part II: Policy making and program
development
• Part III: Intellectual Property
PART I: THE GOVERNMENT
MACHINERY
WHAT KIND OF GOVERNANCE
SYSTEM ARE WE IN?
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Republic?
Monarchy?
Constitutionnal?
Parliamentary?
Primeministerial?
Federal?
Democracy?
OUR SYSTEM OF GOVERNMENT
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Democratic constitutional monarchy
Sovereign as Head of State
Prime Minister as Head of Government
Federal system of parliamentary
government
• Shared responsibilities and functions
between federal, provincial and territorial
governments
www.canada.ca/en/gov/system/index.html
OUR SYSTEM OF GOVERNMENT
www.parl.gc.ca/About/Parliament/SenatorEugeneForsey/book/chapter_6-e.html
DIVISION OF POWER
• Monarchy
• Legislative branch
• Executive branch
• Judicial branch
http://canada.ca/en/gov/system/index.html
MONARCHY
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Queen Elizabeth II
Head of State
Designates the Head of Government (Prime Minister)
Head of both the Executive and Legislative branches
Commander-in-Chief
Represented by the Governor General
Traditionally follows the advise
of the Prime Minister
LEGISLATIVE BRANCH
• Queen/Governor General
• House of Commons
• Senate
Makes, debates and votes the laws
HOUSE OF COMMONS
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Elected body
Lower chamber of the legislative branch
Prepares, debates and votes laws
308 representatives of constituencies more or
less distributed in proportion to population of
provinces or territories
The group from which the Queen selects
the Prime Minister
SENAT
• Nominated body
• Higher chamber of the legislative branch
• Studies, amends, approves or refuses laws
voted by the House of Commons
• 105 Senators roughly distributed by regions of
Canada
Members named by the Queen under advice
from the Prime Minister
EXECUTIVE BRANCH
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Queen/Governor General
Prime Minister
Cabinet
Administration – all departments, armed
forces, Crown corporations and other
bodies
Enacts, applies and enforces the laws
CABINET-MEMBERSHIP
• Acts in the name of the Queen’s Privy
Council for Canada
• Headed by Prime Minister, its members are
called ministers
• Appointed by Governor General under advice
of the Prime Minister
• By tradition, ministers come almost
exclusively from the House of Commons but
there are exceptions
CABINET-ROLE
• Providing adequate information to the Prime
Minister and ministers to carry roles and
responsibilities
• Providing a forum for ministerial debate on issues of
general interest
• Securing agreement among ministers on Government
priorities
• Securing agreement on parliamentary actions by the
Government
Information-Debate-Agreement-Action
JUDICIAL BRANCH
Interprets and applies the law
PRIME MINISTER
• Member of the House of Commons appointed by the Queen based
on his capacity to muster the support of a majority of the members
of said House of Commons
• Under his advise, the Queen appoints or dismisses key government
officials such as members of Cabinet, Senators, Judges, Deputy
Ministers and other high ranking officials
• Presides and rules the Cabinet while being able to introduce
legislation in the House.
The Prime Minister’s effective control over the Executive branch, the
agenda of the Legislative branch and, through nominations, over other
mechanisms of governances makes him the effective wielder of power
during his tenure.
PART II: POLICY AND PROGRAM
DEVELOPMENT
GOVERNMENT OF CANADA
• 20 Departments + 173 Agencies, Crown Corporations and other
entities;
• 262,817 employees, +/- 20B$ in salary (w/o Armed Forces and
RCMP)
• +/- 250 Billion budget
• Agriculture and Agri-food Canada: 5,991 employees (2013), 2,56B$
(2011)
Sources: http://tbs-sct.gc.ca/ems-sgd/20132014/me-bpd/me-bpdtb-eng.asp
http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/govt54a-eng.htm
POLICY AND PROGRAM
DEVELOPMENT PROCESS
POLICY AND PROGRAMS
DEVELOPMENT DRIVERS
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Political parties’ platforms
Speech from the Throne
Legislation, current and new
Budget
Caucus
Cabinet
Consultations/Stakeholders
Arising issues
CENTRAL AGENCIES
• Privy Council Office – Policy making
Prime Minister Stephen Harper + Cabinet
• Department of Finance – Budget
Minister of Finance Jim Flaherty
• Treasury Board – Resource allocation & monitoring
President of the Treasury Board Tony Clement
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Agriculture and Agri-Food Canada – Implementation &
Delivery
Minister Gerry Ritz
POLICY AND PROGRAM
DEVELOPMENT
Consulted
Consulted
Department of
Finance
AAFC
Growing Forward II
Guidelines
Resources and
Monitoring
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Memorandum
to Cabinet
AAFC
Treasury Board
Submission
Treasury
Board
Privy Council Office
(Cabinet)
AAFC
http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc=mc/guide-eng.htm
GROWING FORWARD II
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Launched in January 2013
5-year $698 million program
$468 for industry-led R&D
Around half is transfer payments (vote 10) contributions to entities outside
government;
Other half goes to operation expenditures (vote1) for collaborative R&D
performed within AAFC’s R&D centres
50%-50% costs sharing basis
Clusters vs Projects
Next deadline June 1, 2014
Hundreds of applications yet
http://www.agr.gc.ca/eng/?id=1354301302625
GROWING FORWARD II PROCESS
Application
Evaluation
Minister’s
approval
Agreement
negotiation and
execution
Project starts
Project ends?
Intellectual Property Management
Intellectual property (IP) refers to creations of the mind,
such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce. - WIPO
PART III:
INTELLECTUAL PROPERTY
IP POLICY AT AAFC
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Stems from the Public Servants Inventions Act
IP produced by Public servants belongs to the Crown
24/7 rule
IP is a Crown Asset and must be handled as such
No required compensation other than salary to inventors
Includes any writing or other form of expression subject to
copyrights: Automatically becomes copyright to Her Majesty
the Queen in Rights of Canada
http://laws-lois.justice.gc.ca/eng/acts/P-32/page-1.html
IP MANAGEMENT AT AAFC
• R&D projects are evaluated for IP purposes
• Background vs Foreground IP
• Sharing vs ceding IP under collaborative
work
• Encumbrance
• Protection of Foreground IP
LICENSING OF IP
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Licencing: non-exclusive, exclusive, unique
Freedom to operate
Field of use
Royalties
Territories
OFFICE OF INTELLECTUAL
PROPERTY AND
COMMERCIALIZATION OF AAFC
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As the delegation authority for intellectual property management at
AAFC
29 employees divide in 4 teams scattered in most of AAFC’s 19 R&D
centres across the country
Evaluation of hundreds of project proposals
Negotiation, execution and management of over 750 agreements per
year
Agreements include: Collaborative R&D Agreements (CRDA), Material
Transfer Agreements, Research Support Agreement, Technology Testing
Agreements and Licence Agreements amongst others
Mainly people with a background in science acquiring multidisciplinary
competencies in Intellectual Property, commercial agreement law,
negotiation, finance, etc.
TYPES OF INTELLECTUAL
PROPERTY
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Plant Breeder’s Rights
Copyrights
Trade-marks
Industrial designs
Patents
Other IP
PLANT BREEDERS’ RIGHTS
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PBR is an IP by which plant breeders can protect their new varieties
Shares similarities with patents
Canada is under the 1978 UPOV Convention regime
Provides exclusive rights to produce for sale and sell reproductive
material of the variety
Criteria: new, distinct, uniform, stable
18 years duration, non-renewable
Research exemption
Farmers’ Privilege
Compulsory licensing: no ‘sitting’ on a variety
http://www.inspection.gc.ca/english/plaveg/pbrpov/guidee.shtml
UPOV 1991
• 1978 Convention covers nationally defined species or genera
– 1991 Convention extend coverage to all species and genera
• 1978 requires a minimum protection period of 15 years –
1991 requires 20 years
• 1978 rights over propagating material – 1991 rights over
exporting, importing, stocking of harvest
• 1991 does not allow production of new varieties that are
essentially derived
• 1991 makes Farmer’s Privilege optional
http://www.inspection.gc.ca/english/plaveg/pbrpov/questione.shtml
WORLD INTELLECTUAL
PROPERTY ORGANISATION
• Global forum for intellectual property services, policy,
information and cooperation
• Self-funding agency of the United Nations, with 186
member states.
• Development of a balanced and effective international
intellectual property (IP) system
• Administers 26 treaties including the WIPO Convention
• Patent Cooperation Treaty – International Patent System
• Madrid (Agreement) – International Trademark System
http://www.wipo.int/treaties/en/
http://www.wipo.int/services/en/
COPYRIGHTS
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Original literary, dramatic, musical or artistic work
Automatically & free
Belongs to the creator…...or his employer
Can be registered for further insurance
50 years duration
In Government of Canada: Very hard to dispose of
TRADE-MARKS
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Combination of words, sounds or designs
Ordinary mark: for goods and services of a person or organisation
Certification mark: for goods or services that meet a defined standard
Distinguishing guise: shape of a good, containers, packaging, wrapping
Trade name of an organisation can be protected if linked to trade-mark goods or
services
Registration not required but risky: trade-mark could be recognized if
establishment through usage and recognition is demonstrated
15 years duration, renewable indefinitely for 15 years periods
Prohibited: Words that would prevent free speech, deceptive marks, official
marks, immorality, marks that are personal to someone living or has died within
the preceding 30 years.
Cannot use a plant variety denomination subject to Plant Breeder’s Right
$$ - trade-mark agent recommendable
INDUSTRIAL DESIGNS
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Industrial designs are the visual features of shape, configuration,
pattern or ornament, or any combination of these features, applied to a
finished article.
Yes
• a repeat pattern applied to wallpaper
• the shape of a perfume bottle
No
• the way an MP3 player functions
• the material of which a protective mask is made
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Requires registration
10 years duration non-renewable
$$ - might need an agent
PATENTS
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Inventions
Requires filing
Criteria: New, useful, inventive
Types: product, composition, machine, process, improvement
Canada: First applicant – US: First inventor
Canada & US: may use or disclose invention up to less than a year
before filing
• 20 years duration non-renewable
• Trade-off between monopoly and full disclosure: Encourages
innovation while contributing to human body of knowledge
• $$$$$$$$$$$ - Patent Agent almost inevitable + Translation
OTHER TYPES OF IP
• Geographical indications and appellations of origin
• Traditional knowledge
• Integrated circuit topographies: Three dimensional
configurations of electronic circuits – 10 years
protection - $
• Protection against unfair competition: creating
confusion, false allegations, misleading the public
http://www.wipo.int/geo_indications/en/
http://www.wipo.int/tk/en/
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02282.html
THE END