Canadian Patent & Trademarks Update: Bill C-59 & Priviledge

On May 7, 2015, Bill C-59 was introduced in parliament to implement provisions noted in the Economic Action Plan 2015. One of the significant changes that this bill puts forth in regards to intellectual property is to provide statutory privilege to patent and trademark agents.  This provision enable communications between registered Canadian patent agents and trademark agents, and their clients, to be privileged and confidential, where the communication is for giving or seeking advice for the protection of an invention or any trademark matter. Based on these conditions, this privilege will enable agents to maintain confidentiality with their clients by preventing disclosure in civil, criminal, or administrative legal actions.  These amendments come into effect 12 months after the Act receives royal assent.  It appears as though the Government would like to pass this Bill prior to Parliament rising for summer recess and so we may see it granted royal assent as early as June 2015.  Privilege will be retroactive, with the exclusion of any legal action that has already commenced.