February 12, 1932

LIB
CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

I admit that at the present time provision for proper search is not made by the statute, by the regulations thereunder, or by the equipment of the patent office. Therefore I now make provision for an amendment of the law which undoubtedly will be carried into effect by amending the regulations to be made under the Patent Act. This bill, as I say, provides that if any person in Canada has reasonable cause to believe that any article made, used or sold by him is not an infringement of an existing patent he may come before the exchequer court and, after due notice to all persons interested, obtain a declaration to that effect, rather than have his business suffer while waiting for an action by the holder of the alleged patent.

Then, there is another provision which I think will meet with the general approval of the house. Under the present state of the patent law of Canada any inventor domiciled in Canada or in a foreign country may not disclose his invention in such a manner as to have it become known or available to the public. And yet, nevertheless, he may subsequently take proceedings in the Exchequer Court of Canada, and that court may be obliged to set aside a patent which has been granted and used in Canada for many years without the Canadian patentee having knowledge or means of knowledge that any other person in any other part of the world had made a similar invention. This condition of the Canadian law enables an inventor at home or abroad deliberately to conceal and to refrain from exploiting his patent until some other person, probably many years after, has made the same invention, secured patent rights therefor and made use of his invention throughout Canada. This policy of the existing law, as defined by the recent decisions of the courts, appears to be in direct contradiction of the basic principles of patent legislation prevailing in any other country from which it has been possible to obtain exact information. Such a condition of the law works a grave injustice to those in Canada using certain inventions and processes which were patented in Canada before the inventor, foreign or domestic, disclosed the fact that he claimed an invention with respect to that subject matter.

Those are the amendments which I am proposing in this bill. As I suggested when the bill was introduced I think it should be referred to a select special committee in order that those who are interested in patents may be given an opportunity to appear, state their

Industrial Property

objections and make any relevant criticisms of the proposed changes. If the bill receives its second reading I shall be pleased to make a motion to that effect.

Motion agreed to and bill read the second time.

Topic:   PATENT ACT AMENDMENT
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CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN moved:

That Bill No. 4, intituled an act to amend the Patent Act, be referred to a special committee of seven members, consisting of Messrs. Anderson (High Park), Bury, Cahan, Chevrier, Ilsley, Irvine and MacDonald (Cape Breton), with power to send for persons, papers and records and to report from time to time.

Topic:   PATENT ACT AMENDMENT
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Motion agreed to.


INDUSTRIAL PROPERTY

BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE


Hon. C. H. CAHAN (Secretary of State) moved the second reading of Bill No. 5 Respecting Unfair Competition in Trade and Commerce. He said: Mr. Speaker, this is a motion for the second reading of Bill No. 5 entitled an Act Respecting Unfair Competition in Trade and Commerce and providing means for the enforcement of the convention to which I called attention the other day, and also means for the enforcement of the eo-called Geneva convention which was laid upon the table at a recent date entitled, an international convention for the amelioration of the condition of the wounded and sick armies in the field and which prohibits the use of the Geneva cross for certain commercial purposes. This bill I believe has been very carefully prepared and has been reviewed by a number of lawyers thoroughly versed in the Trades Mark Act. I should like to have it referred to the same special committee to which the previous bill was sent. The only objection is that the bill is very technical and is expressed in English and the full French translation will not be available for at least a fortnight. I would ask therefore, with the consent of the house, that the bill receive its second reading and be referred to the special committee with the clear understanding that when it again comes before a committee of this house the bill, together with any amendments which have been suggested by the special committee, will be presented to this house in both the English and French languages. Motion agreed to and bill read the second time.


CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN moved:

That Bill No. 5, intituled an act respecting unfair competition in trade and commerce, be referred to a special committee consisting of Messrs. Anderson (High Park), Bury, Cahan, Chevrier, Ilsley, Irvine and MacDonald (Cape Breton), with power to send for persons, papers and records and to report from time to time.

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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LIB

William Daum Euler

Liberal

Mr. EULER:

Are the provisions of the bill the result of some conference between various bodies; and if so, what were the matters discussed?

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

On introducing the bill I

called attention to the fact that it is the result of a convention which was signed on Canada's behalf at the Hague on November 6, 1925, making very considerable amendments to an existing convention. By some inadvertence that convention was not laid upon the table of the house until this session. The omission was called to my attention by the fact that others were stating that we had not amended our law to enforce the convention. This bill is to carry out that purpose and also to enforce certain provisions of the Geneva convention to which I have just referred.

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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LIB

William Daum Euler

Liberal

Mr. EULER:

If the bill is the result of an international agreement, is there any particular purpose to be served in sending it to a committee; in other words, can they make any changes without violating the international agreement already arrived at?

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

It is obvious that we will

not endeavour to make any changes which may conflict with the convention, but under it we are entitled to preserve certain common law rights. I recall the late hon. Minister of Justice, Mr. Lapointe, and I had some controversy in the house with regard to this point. He thought there were certain common law rights in the province of Quebec under the code which should be preserved. In addition to carrying into effect the provisions of this international convention, which I think the draft bill does very completely and very fully, we preserve certain common law rights that may have been enjoyed since before confederation.

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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LIB

William Daum Euler

Liberal

Mr. EULER:

Are the two very distinct in the bill?

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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CON

Charles Hazlitt Cahan (Secretary of State of Canada)

Conservative (1867-1942)

Mr. CAHAN:

They are dealt with on distinct grounds, and those common law rights are preserved. The object of the bill is to

Fish Inspection Act

enforce the terms of the international convention while preserving, as we have the right to preserve, existing common law rights. Therefore I think the bill should go before the special committee that I have named.

Topic:   INDUSTRIAL PROPERTY
Subtopic:   BILL BESPECTING UNFAIR COMPETITION IN TRADE AND COMMERCE
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Motion agreed to.


FISH INSPECTION ACT


Hon. ALFRED DURANLEAU (Acting Minister of Fisheries) moved the second reading of Bill No. 6 to amend the Fish Inspection Act.


?

Some hon. MEMBERS:

Explain.

Topic:   FISH INSPECTION ACT
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CON

Alfred Duranleau (Minister of Fisheries; Minister of Marine)

Conservative (1867-1942)

Mr. DURANLEAU:

Mr. Speaker, the Fish Inspection Act, chapter 72 of the Revised Statutes of Canada, 1927, requires that barrels or other containers of such fish as come under the provisions of the act, be made in accordance with defined standards, that the fish be cured, graded and packed as prescribed in the regulations, and that the marks placed on the containers by the packer correctly represent the kind, grade and weight of the contents. Inspectors appointed under the act are not at present required to inspect and mark every barrel or container of fish packed within their respective districts. They are authorized, however, to inspect as many of such as they find it possible to do. This necessarily leaves much room for a great number of barrels of fish of poor quality to slip through to market without inspection. The purpose of this bill, is to make it obligatory for inspectors to inspect all fish and barrels which come under the provisions of the act, by prohibiting their sale or shipment until they have been inspected and officially marked.

Topic:   FISH INSPECTION ACT
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LIB

Ian Alistair Mackenzie

Liberal

Mr. MACKENZIE (Vancouver):

Is the

minister referring this bill to a special committee?

Topic:   FISH INSPECTION ACT
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February 12, 1932