Bill C-56
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TRANSITIONAL PROVISIONS
Disclosure of documents
69. The disclosure of documents — on which entries in the register to be kept under paragraph 26(1)(b), as it read immediately before the day on which subsection 27(1) of the Combating Counterfeit Products Act comes into force, are based — is subject to subsection 50(6), as it read on June 8, 1993.
Standard characters
70. Section 30.1 does not apply with respect to an application for registration whose filing date is before the day on which section 30 of the Combating Counterfeit Products Act comes into force.
Filing date
71. (1) Subsection 33(1), as enacted by section 32 of the Combating Counterfeit Products Act, does not apply to an application for registration with respect to which all of the items set out in that subsection 33(1) have been received by the Registrar before the day on which that section 32 comes into force.
Trade-marks Regulations
(2) Section 25 of the Trade-marks Regulations, as it read immediately before the day on which section 32 of Combating Counterfeit Products Act comes into force, continues to apply to an application for registration referred to in subsection (1) that does not have a filing date as of that day.
Priority
72. Section 34, as it read immediately before the day on which subsection 33(1) of the Combating Counterfeit Products Act comes into force, continues to apply with respect to an application for registration that has a filing date, established without taking section 34 into account, that is before that day.
52. Section 69 of the Act is repealed.
Replacement of “wares”
53. The Act is amended by replacing “wares”, wherever it occurs, with “goods”.
Replacement of “colis”
54. The French version of the Act is amended by replacing “colis” with “emballages”, with any grammatical changes that the circumstances require, in the following provisions:
(a) subsections 4(1) and (3); and
(b) section 8.
Replacement of “date of filing”
55. The English version of the Act is amended by replacing “date of filing” with “filing date” in the following provisions:
(a) the portion of subsection 16(2) before paragraph (a); and
(b) subsection 21(1).
Replacement of “utiliser”, etc.
56. The French version of the Act is amended by replacing “utiliser”, “utilisé”, “utilisée” and “utilisation” with “employer”, “employé”, “employée” and “emploi”, respectively, with any grammatical changes that the circumstances require, in the following provisions:
(a) the portion of paragraph 7(d) before subparagraph (i);
(b) paragraph 9(1)(f);
(c) section 11.1;
(d) the portion of subsection 11.14(2) before paragraph (a);
(e) the portion of subsection 11.15(2) before paragraph (a);
(f) subsections 11.16(1) and (2);
(g) the portion of subsection 11.17(1) before paragraph (a);
(h) subsections 11.18(1) to (4);
(i) the portion of section 11.2 before paragraph (a);
(j) subsection 17(2);
(k) paragraph 20(1)(a) and subsection 20(2);
(l) subsection 32(2).
TRANSITIONAL PROVISION
Amending the register
57. The Registrar of Trade-marks may amend the register kept under section 26 of the Trade-marks Act to reflect the amendments to that Act that are made by this Act.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1
Access to Information Act
58. Schedule II to the Access to Information Act is amended by striking out the reference to
Trade-marks Act
Loi sur les marques de commerce
and the corresponding reference to “subsection 50(6)”.
R.S., c. C-46
Criminal Code
59. (1) The definition “offence” in section 183 of the Criminal Code is amended by adding the following after paragraph (d):
(d.1) section 42 (offences related to infringement of copyright) of the Copyright Act,
(2) The definition “offence” in section 183 of the Act is amended by striking out “or” at the end of subparagraph (i)(vi), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) section 51.01 (offences related to goods, labels, packaging or services) of the Trade-marks Act,
R.S., c. 1 (2nd Supp.)
Customs Act
60. Subsection 107(5) of the Customs Act is amended by adding the following after paragraph (l):
(l.1) any person who may receive information under section 44.03 or subsection 44.04(1) of the Copyright Act, solely for the purposes for which that person is entitled to the information;
(l.2) any person who may receive information under section 51.05 or subsection 51.06(1) of the Trade-marks Act, solely for the purposes for which that person is entitled to the information;
2007, c. 25
Olympic and Paralympic Marks Act
61. Paragraphs 5(1)(a) and (b) of the Olympic and Paralympic Marks Act are replaced by the following:
(a) of any offending goods, packaging, labels and advertising material; and
(b) of any equipment used to apply to those goods, packaging, labels or advertising material a mark whose adoption or use is prohibited under section 3.
Replacement of “wares”
62. The Act is amended by replacing “wares”, wherever it occurs, with “goods”.
COMING INTO FORCE
Order in council
63. (1) Subject to subsections (2) and (3), the provisions of this Act — other than sections 1, 3 and 4, subsections 7(1) and (4), sections 10, 11 and 14, subsection 15(2), sections 19, 21, 25 and 26, subsection 37(2) and sections 42, 45, 46, 53, 54, 56, 59, 61 and 62 — come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2) Sections 2, 5 and 6, subsection 7(6) and sections 43, 44 and 60 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3) Sections 52 and 58 come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons