Order Fixing the Number of Directors Under the College of Patent Agents and Trademark Agents Act: SOR/2021-166
Canada Gazette, Part II, Volume 155, Number 14
Registration
SOR/2021-166 June 24, 2021
COLLEGE OF PATENT AGENTS AND TRADEMARK AGENTS ACT
The Minister of Industry, pursuant to subsections 13(2) and (3) of the College of Patent Agents and Trademark Agents Act footnote a, makes the annexed Order Fixing the Number of Directors Under the College of Patent Agents and Trademark Agents Act.
Ottawa, June 23, 2021
François-Philippe Champagne
Minister of Industry
Order Fixing the Number of Directors Under the College of Patent Agents and Trademark Agents Act
Board of Directors
Number of directors
1 For the purposes of subsection 13(2) of the College of Patent Agents and Trademark Agents Act, the number of directors is fixed at nine.
Directors to be appointed
2 The number of directors that are to be appointed to the Board under subsection 13(3) of the College of Patent Agents and Trademark Agents Act is fixed at five.
Coming into Force
S.C. 2018, c. 27, s. 247
3 This Order comes into force on the day on which section 13 of the College of Patent Agents and Trademark Agents Act comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to subsections 13(2) and (3) of the College of Patent Agents and Trademark Agents Act (the Act), this Order fixes the number of directors on the board of the College at nine, and the number of appointed directors at five.
Objective
The objective of this Order is to set the size of the board of directors (the Board) for the College of Patent Agents and Trademark Agents, and to ensure that the majority of the directors will be public interest members appointed to the board. This will enable the Board to properly function and set by-laws regarding quorum, and will allow the College to begin preparations for elections for vacant Board seats.
Background
Patent and trademark agents play an essential role in helping firms obtain formal intellectual property rights. These individuals are experts who can act on behalf of firms and are permitted to represent applicants, registered owners and persons doing business before the Canadian Intellectual Property Office (CIPO).
The College of Patent and Trademark Agents is an initiative that was part of the National Intellectual Property Strategy in 2018. It was created by the Act as an independent body to regulate the profession of patent and trademark agents in the public interest. The Act received royal assent on December 13, 2018. The Act requires the College to have a board of directors comprised of a combination of patent and trademark agents elected in accordance with the by-laws, and public interest members appointed by the Minister. The Board has the responsibility to oversee the College, appoint key officers of the College, and exercise by-law authority with respect to matters necessary to carry on the activities of the College.
The Act was designed to come into force in two phases. The first phase was the creation of the College and the appointment of a transitional board of five directors to start up operations. That phase was completed with the appointment of the transitional board on August 9, 2019. Once the College is fully operational and the second phase of the Act is in force, the Act requires the Minister to fix the total number of directors on the Board, and the number of directors that will be appointed to the board.
Implications
This Order will fulfill the requirements of the Act and enable the Board to properly function and set by-laws regarding quorum and other issues that require the Board to know the total number of members on the Board. It will also allow the College and the Minister to know the number of directors that will need to be appointed or elected to the Board, so that the College can begin preparations for elections for vacant Board seats and the Minister can begin preparations for appointing new board members.
The Order requires the majority of the Board to be public interest members appointed by the Minister. The rest of the directors will be elected from the membership of the College. This balance will provide members of the profession with a voice and allow them to provide technical expertise and insight on how they are regulated, while ensuring that the College will benefit from a majority of independent perspectives that will help fulfill its purpose to regulate the profession in the public interest.
Consultation
Consultations on a governance framework for IP agents were held by Innovation, Science and Economic Development Canada (ISED) in 2016. These consultations were followed up with further consultations in 2017 on the creation of a National Intellectual Property Strategy. The consultations revealed a consensus among stakeholders regarding the need for an improved regulatory regime for IP agents. These consultations informed the drafting of the Act and the development of the regulatory regime.
In spring 2021, Innovation, Science and Economic Development Canada informally consulted with the College and its transitional board to determine the appropriate number of directors for the Board.
Contact
Jennifer Miller
Director General
Marketplace Framework Policy Branch
Innovation, Science and Economic Development Canada
Telephone: 343‑291‑2133
Email: jennifer.miller@canada.ca