The profession and the government have taken many steps to build the regulatory system but legislation is lacking to provide the profession with the ability to complete the framework.
IPIC recommends that the Patent Act and the Trade-marks Act be amended by adding a section that would allow the Minister of Innovation, Science and Economic Development to:
- Choose a regulatory body;
- Require that body to report on its activities, to ensure that it is acting in the public interest;
- Be able to revoke the regulatory powers from that body.
Accompanying regulations would specify the information that the body would need to provide to the Minister.
IPIC also proposes that once this legislation is adopted, a new regulatory body be created by the profession. For now, we are calling this regulatory body the College of Patent and Trademark Agents of Canada.
As explained in the following pages, the College could then implement recommendations from the Modernizing the IP Community initiative by managing the admission process, requiring continuing education, maintaining a code of conduct and managing a complaints mechanism and discipline process.