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• Part I: The Government Machinery
• Part II: Policy making and program
development• Part III: Intellectual Property
CONTENT
• Republic?• Monarchy?• Constitutionnal?• Parliamentary?• Primeministerial?• Federal?• Democracy?
WHAT KIND OF GOVERNANCE SYSTEM ARE
WE IN?
• Democratic constitutional monarchy• Sovereign as Head of State• Prime Minister as Head of
Government• Federal system of parliamentary
government• Shared responsibilities and functions
between federal, provincial and territorial governments
OUR SYSTEM OF GOVERNMENT
www.canada.ca/en/gov/system/index.html
OUR SYSTEM OF GOVERNMENT
www.parl.gc.ca/About/Parliament/SenatorEugeneForsey/book/chapter_6-e.html
•Monarchy•Legislative branch•Executive branch•Judicial branch
http://canada.ca/en/gov/system/index.html
DIVISION OF POWER
• Queen Elizabeth II• Head of State• Designates the Head of Government (Prime
Minister)• Head of both the Executive and Legislative
branches• Commander-in-Chief• Represented by the Governor General
Traditionally follows the adviseof the Prime Minister
MONARCHY
• Queen/Governor General• House of Commons • Senate
Makes, debates and votes the laws
LEGISLATIVE BRANCH
• Elected body• Lower chamber of the legislative branch• Prepares, debates and votes laws• 308 representatives of constituencies
more or less distributed in proportion to population of provinces or territories
The group from which the Queen selects the Prime Minister
HOUSE OF COMMONS
• Nominated body• Higher chamber of the legislative
branch• Studies, amends, approves or refuses
laws voted by the House of Commons• 105 Senators roughly distributed by
regions of Canada
Members named by the Queen under advice from the Prime Minister
SENAT
• Queen/Governor General• Prime Minister• Cabinet• Administration – all departments,
armed forces, Crown corporations and other bodies
Enacts, applies and enforces the laws
EXECUTIVE BRANCH
• Acts in the name of the Queen’s Privy Council for Canada
• Headed by Prime Minister, its members are called ministers
• Appointed by Governor General under advice of the Prime Minister
• By tradition, ministers come almost exclusively from the House of Commons but there are exceptions
CABINET-MEMBERSHIP
• Providing adequate information to the Prime Minister and ministers to carry roles and responsibilities
• Providing a forum for ministerial debate on issues of general interest
• Securing agreement among ministers on Government priorities
• Securing agreement on parliamentary actions by the Government
Information-Debate-Agreement-Action
CABINET-ROLE
Interprets and applies the law
JUDICIAL BRANCH
• Member of the House of Commons appointed by the Queen based on his capacity to muster the support of a majority of the members of said House of Commons
• Under his advise, the Queen appoints or dismisses key government officials such as members of Cabinet, Senators, Judges, Deputy Ministers and other high ranking officials
• Presides and rules the Cabinet while being able to introduce legislation in the House.
The Prime Minister’s effective control over the Executive branch, the agenda of the Legislative branch and, through nominations, over other mechanisms of
governances makes him the effective wielder of power during his tenure.
PRIME MINISTER
• 20 Departments + 173 Agencies, Crown Corporations and other entities;
• 262,817 employees, +/- 20B$ in salary (w/o Armed Forces and RCMP)
• +/- 250 Billion budget• Agriculture and Agri-food Canada: 5,991 employees
(2013), 2,56B$ (2011)
Sources: http://tbs-sct.gc.ca/ems-sgd/20132014/me-bpd/me-bpdtb-eng.asphttp://
www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/govt54a-eng.htm
GOVERNMENT OF CANADA
POLICY AND PROGRAM DEVELOPMENT PROCESS
• Political parties’ platforms• Speech from the Throne• Legislation, current and new• Budget• Caucus• Cabinet• Consultations/Stakeholders• Arising issues
POLICY AND PROGRAMS DEVELOPMENT DRIVERS
• Privy Council Office – Policy making Prime Minister Stephen Harper + Cabinet
• Department of Finance – Budget Minister of Finance Jim Flaherty
• Treasury Board – Resource allocation & monitoring
President of the Treasury Board Tony Clement
• Agriculture and Agri-Food Canada – Implementation & Delivery
Minister Gerry Ritz
CENTRAL AGENCIES
POLICY AND PROGRAM DEVELOPMENT
Privy Council Office
(Cabinet)
AAFC
Department of Finance
Treasury Board
Tre
asu
ry
Board
Subm
issi
on
Mem
ora
ndum
to
Cabin
et
AAFC
yes
Consu
lted
Consu
lted
AAFC
Growing Forward II
Guid
elin
es
Reso
urc
es
and
Monit
ori
ng
http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc=mc/guide-eng.htm
• Launched in January 2013• 5-year $698 million program• $468 for industry-led R&D• Around half is transfer payments (vote 10) contributions to
entities outside government;• Other half goes to operation expenditures (vote1) for
collaborative R&D performed within AAFC’s R&D centres• 50%-50% costs sharing basis• Clusters vs Projects• Next deadline June 1, 2014• Hundreds of applications yet
http://www.agr.gc.ca/eng/?id=1354301302625
GROWING FORWARD II
GROWING FORWARD II PROCESS
Project ends?Project startsAgreement negotiation and execution
Minister’s approval
Evaluation
Application
Intellectual Property Management
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce. - WIPO
• Stems from the Public Servants Inventions Act• IP produced by Public servants belongs to the Crown• 24/7 rule• IP is a Crown Asset and must be handled as such• No required compensation other than salary to
inventors• Includes any writing or other form of expression
subject to copyrights: Automatically becomes copyright to Her Majesty the Queen in Rights of Canada
http://laws-lois.justice.gc.ca/eng/acts/P-32/page-1.html
IP POLICY AT AAFC
• R&D projects are evaluated for IP purposes
• Background vs Foreground IP• Sharing vs ceding IP under
collaborative work• Encumbrance• Protection of Foreground IP
IP MANAGEMENT AT AAFC
• Licencing: non-exclusive, exclusive, unique
• Freedom to operate• Field of use• Royalties• Territories
LICENSING OF IP
• As the delegation authority for intellectual property management at AAFC
• 29 employees divide in 4 teams scattered in most of AAFC’s 19 R&D centres across the country
• Evaluation of hundreds of project proposals• Negotiation, execution and management of over 750
agreements per year• Agreements include: Collaborative R&D Agreements
(CRDA), Material Transfer Agreements, Research Support Agreement, Technology Testing Agreements and Licence Agreements amongst others
• Mainly people with a background in science acquiring multidisciplinary competencies in Intellectual Property, commercial agreement law, negotiation, finance, etc.
OFFICE OF INTELLECTUAL PROPERTY AND
COMMERCIALIZATION OF AAFC
• Plant Breeder’s Rights• Copyrights• Trade-marks• Industrial designs• Patents• Other IP
TYPES OF INTELLECTUAL PROPERTY
• PBR is an IP by which plant breeders can protect their new varieties
• Shares similarities with patents• Canada is under the 1978 UPOV Convention regime• Provides exclusive rights to produce for sale and sell
reproductive material of the variety• Criteria: new, distinct, uniform, stable• 18 years duration, non-renewable• Research exemption • Farmers’ Privilege• Compulsory licensing: no ‘sitting’ on a variety
http://www.inspection.gc.ca/english/plaveg/pbrpov/guidee.shtml
PLANT BREEDERS’ RIGHTS
• 1978 Convention covers nationally defined species or genera – 1991 Convention extend coverage to all species and genera
• 1978 requires a minimum protection period of 15 years – 1991 requires 20 years
• 1978 rights over propagating material – 1991 rights over exporting, importing, stocking of harvest
• 1991 does not allow production of new varieties that are essentially derived
• 1991 makes Farmer’s Privilege optional
http://www.inspection.gc.ca/english/plaveg/pbrpov/questione.shtml
UPOV 1991
• Global forum for intellectual property services, policy, information and cooperation
• Self-funding agency of the United Nations, with 186 member states.
• Development of a balanced and effective international intellectual property (IP) system
• Administers 26 treaties including the WIPO Convention
• Patent Cooperation Treaty – International Patent System
• Madrid (Agreement) – International Trademark System
http://www.wipo.int/treaties/en/http://www.wipo.int/services/en/
WORLD INTELLECTUAL PROPERTY ORGANISATION
• Original literary, dramatic, musical or artistic work• Automatically & free• Belongs to the creator…...or his employer• Can be registered for further insurance• 50 years duration• In Government of Canada: Very hard to dispose of
COPYRIGHTS
• Combination of words, sounds or designs• Ordinary mark: for goods and services of a person or organisation• Certification mark: for goods or services that meet a defined standard• Distinguishing guise: shape of a good, containers, packaging, wrapping• Trade name of an organisation can be protected if linked to trade-mark
goods or services• Registration not required but risky: trade-mark could be recognized if
establishment through usage and recognition is demonstrated • 15 years duration, renewable indefinitely for 15 years periods• Prohibited: Words that would prevent free speech, deceptive marks,
official marks, immorality, marks that are personal to someone living or has died within the preceding 30 years.
• Cannot use a plant variety denomination subject to Plant Breeder’s Right
• $$ - trade-mark agent recommendable
TRADE-MARKS
• Industrial designs are the visual features of shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article.
Yes• a repeat pattern applied to wallpaper • the shape of a perfume bottle No• the way an MP3 player functions • the material of which a protective mask is made
• Requires registration• 10 years duration non-renewable• $$ - might need an agent
INDUSTRIAL DESIGNS
• Inventions• Requires filing• Criteria: New, useful, inventive• Types: product, composition, machine, process, improvement • Canada: First applicant – US: First inventor• Canada & US: may use or disclose invention up to less than a
year before filing• 20 years duration non-renewable• Trade-off between monopoly and full disclosure: Encourages
innovation while contributing to human body of knowledge• $$$$$$$$$$$ - Patent Agent almost inevitable + Translation
PATENTS
• Geographical indications and appellations of origin
• Traditional knowledge• Integrated circuit topographies: Three
dimensional configurations of electronic circuits – 10 years protection - $
• Protection against unfair competition: creating confusion, false allegations, misleading the public
http://www.wipo.int/geo_indications/en/http://www.wipo.int/tk/en/http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/
h_wr02282.html
OTHER TYPES OF IP