The Supreme Court of Canada has made a ruling that will help large international corporations, at the expense of Canadian companies.
As reported by Bloomberg, a ruling by the court will “reshape intellectual property rights, effectively lowers the bar to receive and defend a patent in the country, tilting the playing field in favor of existing holders.”
While this won’t get much coverage in the establishment media, it could have serious implications for homegrown Canadian companies.
Law professor Richard Gold called the decision a “bombshell,” and said, “We’re now the only country in the developed world that when an inventor says, ‘my invention does X,’ it doesn’t actually have to do X.”
The former patent law meant that a patent could be struck down if an invention didn’t do what the patent said it would do.
That’s just common sense.
Yet, the Supreme Court decision removes that rule.
Help with NAFTA negotiations?
Some feel the ruling could help with NAFTA negotiations, as large American companies will be pleased with the new patent law. As Michael Geist told Bloomberg, “Combined with the Google case from earlier this week, Canada is now home to some of the toughest anti-piracy laws in the world along with some of the friendliest patent rules for patent holders.”
That benefit will come with a cost however, and that cost will be borne by Canadian firms.
It will be easier for large foreign corporations – who already hold the majority of patents in Canada – to apply for even more, slowing down the patent application system and crowding out Canadian companies.
Business will also find it easier to get patents in Canada than in the US – even for American and other foreign companies. Professor Gold notes that this gives foreign companies “more leverage against Canadian firms.”
A disappointing decision
This decision is disappointing, and it is part of a growing national trend that opens up our country to everything outside our borders, even at the expense of our own people and our own companies.
The Supreme Court should have supported rules that gave fair treatment to Canadian companies, rather than favouring foreign firms. It’s yet another example of an elite system that disregards the good of our country.