Bill C-59 Modifies Canada’s IP Laws: Solicitor-client Privilege to Cover Trademark and Patent Agents and Copyright Term for Sound Recordings Extended

Bill C-59, which received royal assent this week, will require patent agents and trademark agents to treat communications with clients as privileged. The provisions to be inserted into the Patent Act and Trade-marks Act are identical. 

The requirement applies to “individuals whose name is entered on the register of (patent/trade-mark) agents”. The requirement also extends to foreign patent and trade-mark agents and their clients vis-à-vis their Canadian patent and trademark applications provided that a duty of confidentiality exists in their home jurisdiction as well. 

The Bill also puts into effect the controversial copyright term extension for sound recordings. Now, a sound recording that is published will be protected until the earlier of the two following periods: 70 years from the publication; or 100 years from the date of fixation. This is increased form 50 years from fixation (s.23(1.1)).

Kirby Estate Denied Right to Terminate Copyright License for X-Men, Spiderman, Hulk and Ironman Comics

Here is a brief excerpt of my blog post as featured on the Canadian Intellectual Property Blog dealing with the 2nd Circuit Court of Appeal's recent decision to deny the estate of the late comic book illustrator Jack Kirby the right to terminate its copyright licenses as per §304 17 USC. The Court found the works in question were works for hire and therefore fell under the exception to the §304 protection.  The full post is available here.

The US Court of Appeal for the 2nd Circuit ruled yesterday that the estate of famous comic book illustrator Jack Kirby could not terminate the copyright license held by Marvel Comics and Disney corp. (Marvel/Disney). Jack Kirby is known as one of the most prominent comic book illustrators of all time. He began his career as an illustrator in the 1930s when he created the now famous Captain America series.  

At issue in this case were drawings Kirby did between 1958 and 1963. Jack Kirby’s children sought to apply the complicated “termination provision” found in §304 17 USC. This provision allows the owner of a copyright protected work to terminate any assignment or license agreement after a defined period which depends on whether the work was created before 1978.