Computer & IT Law

CASL’s Private Right of Action Suspended

The Canadian federal government announced in 2017 that it had suspended the coming into force of the private right of action under Canada’s Anti-Spam Legislation (CASL). It remains suspended and may never happen.

This development was welcomed by many businesses and other organizations inside and outside of Canada that use e-mail or other electronic messaging to keep in touch with Canadian customers and other Canadian residents as it would have provided a class action mechanism against spam.

The Patent Law Treaty

Canada is modernizing its patent regime to implement the Patent Law Treaty, and the new Patent Rules will come into force on October 30, 2019. As set out in a news release by the Canadian Intellectual Property Office:

“The Canadian Intellectual Property Office is pleased to announce that the new Patent Rules were published today in the Canada Gazette, Part II. The amendments to the Patent Act and the new Patent Rules will come into force on October 30, 2019. This updated legislative regime will permit Canada to implement the Patent Law Treaty.

“The Patent Law Treaty harmonizes and streamlines patent administrative procedures among national intellectual property (IP) offices and delivers key benefits for businesses:

  • More efficient process to secure a filing date
  • Harmonized administrative procedures and formalities
  • Modernized patent legislative framework

“We are especially proud to have acceded to the last of five international IP treaties. In addition to the Patent Law Treaty, Canada joined four other IP treaties administered by the World Intellectual Property Organization over the past year: the Madrid Protocol, the Singapore Treaty and the Nice Agreement for trademarks on June 17, 2019, as well as the Hague Agreement for industrial designs on November 5, 2018.

“The collaboration and input of our stakeholders have been critical to the implementation of this treaty. Thank you to those who provided time and expertise throughout the consultation process.

“Joining these treaties helps Canadian businesses looking to enter or expand their presence in international markets and supports Canada’s IP Strategy and its goal to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP.”


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