ARCHIVED — Document Retention and Disposal
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December 30, 2010
Consultation comments received:
- The Canadian Bar Association (PDF - 16 KB - 2 pages)
- Philip Lapin (PDF - 17 KB - 2 pages)
- Intellectual Property Institute of Canada - Covering Letter (PDF - 421 KB - 1 page)
- Intellectual Property Institute of Canada (PDF - 89 KB - 2 pages)
- Joanne Grison (PDF - 6 KB - 1 page)
- Trade Mark Reflections Ltd. (PDF - 13 KB - 2 pages)
Please note that comments are in the language in which they were submitted to CIPO.
Consultation period: October 8, 2010 to November 8, 2010
As part of the Canadian Intellectual Property Office's commitment to modernize and streamline the administration of the intellectual property framework, the Office has reviewed its practice for storing paper files relating to inactive trade-mark applications and registrations.
It is important to preserve relevant and pertinent records during their useful life cycle, and to make them available to the public on request. Currently, the Office keeps all paper records in perpetuity, including inactive files (i.e., trade-mark applications that have been refused or abandoned, and trade-mark registrations that have been expunged from the Register). This practice is both costly and inefficient. For example, it is estimated that warehousing costs for refused, abandoned and expunged records are over $200,000 annually.
The Library and Archives of Canada has given the Office the authority to determine appropriate document retention and disposal schedules (Records Disposition Authority 2000/017). Based on this authority, the attached draft practice notice proposes the following:
Effective xxx, the Office will securely dispose of all paper files for:
- applications that have been refused;
- applications that have been abandoned; and
- registrations that have been expunged
six (6) years following either the date on which the application was refused or abandoned, or the registration was expunged, or the date of a final judgment in an appeal.
A retention period of six years before disposal is being proposed in order to accommodate requirements under the Privacy Act (which requires that personal information held and used by a government institution for an administrative purpose must be retained for at least two years). It will also ensure any Federal Court proceedings have had ample time to run their course.
Please note that electronic records in the Canadian Trade-marks Database will be retained and made available on CIPO's web site.
The Office invites comments on the proposed practice notice. Your comments are appreciated and will add value to finalizing the practice notice.
Any comments you may wish to submit will be reviewed during the consultation period and will be considered prior to being posted on this website. Your comments are appreciated and will add value to the process of finalizing our practice notice. Please note that all comments will be retained online for three (3) months from the date of posting.
For consideration, please provide your comments by November 8, 2010. They may be sent by email to Stephanie Golden, by fax at 819-953-CIPO (819-953-2476), or by regular mail to the following address:
Canadian Intellectual Property Office
50 Victoria Street,
Place du Portage II
Gatineau, QC K1A 0C9
Attention: Stephanie Golden
Thank you for your participation and interest in this matter.