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Finance committee  The board structure is staying the same. There's a vice-chair of the board appointed through the GIC process. There's a chair of the board, who has to be a retired justice. Then there are up to three additional lay members of the board, who have the capacity to oversee hearings.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  We're very aware of the ongoing litigation and the issue of educational copying and fair dealing. This reform and modernization of the board maintains the existing statutory damage model. However, Minister Rodriguez and Minister Bains have written to the Standing Committee on Industry, Science and Technology, and the Standing Committee on Canadian Heritage asking them specifically to look at the applicability of a tariff, the obligation to pay a tariff and the statutory damages associated with non-payment of a tariff, recognizing that this is very substantive and significant issue of effect to creators and that it's one that requires a more considered approach than the modernization efforts that we're pursuing here today.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  That's correct. We've left the statutory damage model as is.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  We ran consultations starting in the summer with a public paper that laid out a whole series of options. We received more than 60 submissions. A significant number came from the creator community. We were, between our two departments, in touch with the creator community routinely in all of its facets: literary publishing, music, songwriting, and dramatic arts....

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Thank you, Mr. Chair. The Copyright Board is a quasi-judicial independent tribunal which establishes fees for the use of works that are protected by copyright. In almost all cases, the board's jurisdiction only applies to the rights managed by collective management organizations.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  There are two transformations that really have to happen. One is that we have to move from the existing system that lives within the Canadian Intellectual Property Office and the commissioner of patents and the registrar of trademarks, which maintains this list of who they are and who can appear.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  No, the college will need to—“self-construct” is the wrong word—take shape by having its first governors and then appoint staff and go through the process of actually establishing itself. The goal there is to have sharp separation from the professional association. The professional association can do what it does and the college can become a governance and oversight body and inherit these powers that currently live within the Canadian Intellectual Property Office.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Yes. It's our anticipation that IPIC will carry on and do other things related to the profession, including pursuing the interests of the profession in the legal community in the broader debate.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  This is part 4, division 7, subdivision E, clauses 265 to 272. The Bankruptcy and Insolvency Act and the Companies' Creditors Arrangements Act were amended in 2009 to allow insolvent entities that are restructuring under those acts to disclaim agreements in contracts, including intellectual property usage agreements, where doing so would facilitate a successful restructuring.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  This is just a small change related to what we were talking about earlier. Patent and trademark agents have privilege, similar to solicitor-client privilege, as we indicated. However, there are patent and trademark agents in the Government of Canada who provide assistance in the patenting and trademarking of government technology.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Sorry. This deals with clauses 273 to 277.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  There are currently no....

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  There is none right now.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  It is an offence under the act.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  If you're not on the register, you can't appear before the office on a prosecutorial side for a patent.

November 5th, 2018Committee meeting

Mark Schaan