Jason Hynes calls for stronger protection of confidential IP advice in Innovating Canada
In his capacity as President of the Intellectual Property Institute of Canada, Smart & Biggar Principal Jason Hynes recently authored an article for Innovating Canada, examining how Canada’s current confidentiality rules impact IP professionals and their clients.
In “Canada’s Confidentiality Gap: Why Valuable IP Advice Must Be Protected,” Hynes explores the limits of statutory privilege for communications between clients and patent and trademark agents in Canada. While solicitor-client privilege is well established, the same level of protection does not always extend to advice provided by IP professionals, creating uncertainty for innovators and businesses that rely on confidential strategic guidance.
The gap places Canada at odds with several other jurisdictions and could discourage companies from seeking the early-stage advice needed to protect and commercialize their intellectual property. Hynes argues that strengthening protections would support innovation, encourage investment and provide greater certainty to Canadian businesses.
Drawing on IPIC’s ongoing advocacy efforts, Hynes highlights the need for legislative reform to ensure that communications with patent and trademark agents receive the same protections afforded to other professional advisors.
“Without confidence that their communications will remain confidential, innovators may hesitate to seek advice at the very moment they need it most.”-Jason Hynes, Principal, President of the Intellectual Property Institute of Canada (IPIC)