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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E 2 0 1 6 37 change technology. His research explores how innovators can be incentivized to create clean technology while ensuring develop- ing countries have access to those technologies. "I'm proposing what I'm calling the Green Global Patent Pledge," he says, adding the electric car company Tesla, for example, has pledged a num- ber of its patents for anyone to develop them. The goal of IP sharing isn't just altruistic. According to Chernys, sharing some IP with others in the oil and gas sector will be part of the future if the industry as a whole is to survive. "We may, on a selective basis, choose to share that IP with certain other producers that are willing to implement a solution that's more environmentally friendly and thereby help preserve the oil industry as a whole," she says. "Traditionally, people think of IP as all or none — license it, use it, exclude others, but I think my way of thinking, and I think it's shared by some people, [is that] we may be willing to allow other producers to utilize that technology if it means that, overall, the oil industry will survive." Going global The broader the reach of their intellecutual property, the hap- pier innovators generally are, and Canada is a signatory to a number of international IP treaties meant to allow patents and trademarks in one jurisdiction to be applicable in others. These treaties follow a minimum standard and provide some predictability throughout the world. But at a time when digital inventions call for changes in IP laws, becoming a member coun- try to these treaties is like "tying your car to that wagon," says Courage. "There's really not a lot of room for change. It's keeping up with business generally, but it's not great with new technology." Particularly controversial, of course, is Canada's involvement in the Trans-Pacific Partnership Agreement trade deal and what it could mean for the balance between consumer and innovator interests in intellectual property. Both fans and opponents of the deal argue with equal fervour over its merits. Geist, a vocal opponent, says the TPP "entrenches" into longer patent terms for biological inventions. "Nobody can agree on what the optimal term is. A part of that is because it's so new, we don't know," he says. "What the TPP does is lock us into a longer period of pro- tection and that's bad for innovation because, frankly, we're still at the early stage and we don't know what the appropriate level of protection is. What we do know is, by locking ourselves in, we'll make it very difficult to undo that if we find that it actually inhibits innovation." Others feel agreements like the TPP are missing key markets around the world. According to Lennox at Startup Canada, trade agreements focus on China, India, and some European markets, while ignoring the potential for commerce in South America. "My call to action here in the capital is that . . . we need a bold vision for innovation in Canada and a willingness to make deci- sions that are really cutting-edge and moving the bar forward," she says. "We need to aggressively open up our markets to the world and make sure that the world has more Canada, so making sure we have expedited routes for Canadians to go global. I think we'll be catching up if we keep following." Who do Canada's most innovative and successful businesses choose for IP protection? /HDUQZKDW&DQDGDpVPRVWVXFFHVVIXOEXVLQHVVHVNQRZDQGîQGRXW how Smart & Biggar can expertly assist you by providing sophisticated, practical and cost-effective intellectual property advice and protection. O t t a w a / To r o n t o / M o n t r e a l / V a n c o u v e r / C a l g a r y S M A R T - B I G G A R . C A U N PA R A L L E L E D I P 7KHRQO\îUPFKRVHQDWWKHWRSRIWKHUDQNLQJV for Canadian IP Law in Ottawa, Toronto, Montreal and Vancouver (The Canadian Legal Lexpert® Directory, 2015 Edition) 1 Named Canada's Intellectual Property Litigation Firm of the Year (Benchmark Canada 2016 Awards) 3 We have handled more patent and trademark DSSOLFDWLRQVWKDQDQ\RWKHUîUPLQ&DQDGD 4 2 Awarded the Canadian Specialty IP Firm of the Year Award (Managing Intellectual Property's 2016 North America Awards) Untitled-5 1 2016-05-12 2:35 PM

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