Part I: The Government Machinery Part II: Policy making and program development Part III:...

• 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