February 10, 1928

CON

Robert King Anderson

Conservative (1867-1942)

Mr. ANDERSON (Halton):

Since discussion of the act in general is in order, may I ask the minister: Would it be possible for

a patentee to lose his patent at the end of three years if he had not by that time commence! to manufacture under it?

Mr, RINFRET: He does not lose his

patent, but it is then open to any citizen to apply to the department for a license to manufacture the patented article, the patentee having failed to avail himself of the privilege granted to him.

C.N.R.-Branch Lines

Topic:   PATENT ACT AMENDMENT
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CON

Robert King Anderson

Conservative (1867-1942)

Mr. ANDERSON (Halton):

Has there not been some objection as to t'he length of time? Many patents are very complicated and possibly expensive to make, and the person holding the patent might not be able to get his finances ready within the three years.

Topic:   PATENT ACT AMENDMENT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

Then the minister, on the advice of the commissioner of patents, has discretion to grant or refuse a license.

Section 3 agreed to.

Progress reported.

Topic:   PATENT ACT AMENDMENT
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CANADIAN NATIONAL RAILWAYS

ROSEDALE-BULLPOTJND BRANCH LINE

LIB

William Lyon Mackenzie King (Prime Minister; President of the Privy Council; Secretary of State for External Affairs)

Liberal

Hon. W. L. MACKENZIE KING (Prime Minister):

Mr. Speaker, I would ask permission of the house to rescind the order to refer Bill No. 6 to the committee on railways and canals, and later I would move to have the bill committed to the committee of the whole.

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

By leave of the house.

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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?

Some hon. MEMBERS:

Carried.

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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LIB

Hewitt Bostock (Speaker of the Senate)

Liberal

Mr. SPEAKER:

Carried, by leave of the house.

Hon. CHARLES A. DUNNING (Minister of Railways): moved:

That Bill No. 6, to confirm a certain agreement made between the Canadian Pacific Rail-ivay Company and the Canadian National Railways Company be now committed to committee of the whole.

Motion agreed to and the house went into committee thereon, Mr. Johnston in the chair.

On section 1.-Agreement ratified and confirmed.

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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UFA

Robert Gardiner

United Farmers of Alberta

Mr. GARDINER:

Is this the form of agreement that is generally entered into between two railway companies under such circumstances?

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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LIB

Charles Avery Dunning (Minister of Railways and Canals)

Liberal

Mr. DUNNING:

I do not think it would be correct to say that this is the general form of agreement. I do not know that any such general form exists; the form depends upon the peculiar circumstances of the case. As my hon. friend knows, both railway companies in 1924 desired to construct'a line through the territory covered by what is now known as the Rosedale-Bullpound branch line, and the railway committee of this house decided that it was in the interests of Canada to have the railway companies get together on a joint section through that district. From 1924 until now the two companies have been endeavouring to agree to the precise terms of a contract between them covering the

construction and operation of that joint section. These terms have now been hammered out to the satisfaction of both companies, and the department has reviewed the matter in so far as it may be said to affect the general interests of the public. The bill now before the committee is the result. It was thought desirable to have parliament ratify the agreement in view of the circumstances attendant upon its inception.

Topic:   CANADIAN NATIONAL RAILWAYS
Subtopic:   ROSEDALE-BULLPOTJND BRANCH LINE
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Section agreed to. Bill reported, read the third time and passed.


TRADE MARK AND DESIGN ACT


Hon. FERNAND RINFRET (Secretary of State) moved" the second reading of Bill No. S, to amend the Trade Mark and Design Act.


CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Hon. R. B. BENNETT (Leader of the Opposition):

This bill, like many others now

on the order paper, purports to amend a chapter of the revised statutes of Canada. These statutes came into force on the 1st day of February of this year, and virtually before they have become effective legislation is actually prepared to amend them. This is a very great waste of public money; moreover, it is a considerable inconvenience not only to judges and to the legal profession blit also to the community generally. I took up five bills the other day, one after the other, each of which proposes a trifling amendment to a statute that came into force on the 1st day of February of this year. I submit that the government, with a little care, might have provided against that contingency because it is not only, as I say, inconvenient, but expensive to the public that this necessity should arise.

Topic:   TRADE MARK AND DESIGN ACT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I agree with my hon.

friend; his point is well taken as regards such amendments as we may be tempted to submit to the house as a matter of general practice. However, I plead in favour of this bill that it is in the same predicament as a previous one which I presented to the house for second reading this afternoon. The intention is to bring our statutes into conformity with decisions arrived at by an international congress at which we were represented.

Topic:   TRADE MARK AND DESIGN ACT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

That was in 1925, as my hon. friend will remember.

Topic:   TRADE MARK AND DESIGN ACT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I quite agree that it

would have been desirable to have had these amendments agreed upon last year, but as my hon. friend knows, last session was very

Trade Mark and Design Act

brief and it was not possible to attain all the results which we might have aimed at had parliament sat longer. When we prorogued in April these changes were hardly in form for presentation to the house.

Topic:   TRADE MARK AND DESIGN ACT
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CON

George Halsey Perley

Conservative (1867-1942)

Sir GEORGE PERLEY:

Did not the

minister bring in last year an amendment to the Patent Act?

Topic:   TRADE MARK AND DESIGN ACT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I think it was dropped.

I suggest that if we are to have an interchange of views we had better go into committee on the bill.

Topic:   TRADE MARK AND DESIGN ACT
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February 10, 1928