Patent and Trademark College Board Size

Summary#

The federal government issued the Order Fixing the Number of Directors Under the College of Patent Agents and Trademark Agents Act (SOR/2021-166) on July 7, 2021. It sets the board for the College of Patent Agents and Trademark Agents at 9 directors, with 5 to be appointed by the Minister.

What it does#

• Fixes the total number of directors on the College of Patent Agents and Trademark Agents board at 9.
• Fixes the number of directors the Minister of Industry will appoint at 5, meaning appointed members will form a majority of the board.
• Says the Order takes effect when section 13 of the College of Patent Agents and Trademark Agents Act comes into force; if the Order is registered after that day, it comes into force on the day it is registered.

Who's affected#

• Members of the College of Patent Agents and Trademark Agents — the patent and trademark agents who will elect some board members.
• The Minister of Industry, who will appoint 5 public-interest directors.
• Businesses, inventors and others who use patent and trademark agents may feel the effects indirectly, because board composition affects how the profession is governed.
• If it is unclear who else might be affected, that is because the Order only sets board numbers and does not change specific rules or fees.

Why it matters#

• It sets the basic governance size so the board can operate, set by-laws (for example, quorum) and prepare for elections and appointments.
• By making appointed, public-interest members a majority, the Order aims to keep the College focused on public interest rather than only on the profession’s internal interests.
• For working agents and their clients, this helps determine who will shape future regulation and oversight of the profession.