As home to more than forty per cent of
Several important legal issues have emerged as legislators and industry participants grapple with the rapidly growing
Right to Repair:
As the agricultural industry continues to innovate and incorporate new and advanced technologies,
Generally, the circumvention of TPMs is prohibited3. A significant implication of this is that farmers are often required to have software, and other components, repaired by the original manufacturer.
Cambridge MP
In an effort to allow consumers the right to repair the products they purchase without being required to go to the original manufacturer, B.C. Liberal MP
However, Bill C-244 has not found universal support. For example,
Data Privacy and Security:
Modern farm equipment has the capability to collect a significant amount of data from farmers and their farming operations.
The general data privacy rules in most provinces in
Businesses subject to PIPEDA must abide by the ten fair information principles:
-
Accountability
- Identifying Purposes
- Consent
- Limiting Collection
- Limiting Use, Disclosure, and Retention
- Accuracy
- Safeguards
- Openness
- Individual Access
- Challenging Compliance
- employees or employers will own IP generated by employees;
- contractors or companies hiring contractors will own IP generated by contractors; any information should be kept confidential;
- any background IP (being IP that a party owns prior to collaborating with another party) will be used under the contract and whether that IP will remain the sole property of its original owner;
- the parties have the right to exploit IP generated under the agreement (so-called "foreground IP");
- there should be any restrictions on the use of IP;
- IP will be jointly or solely held, and
- any rights or limitations should apply to the licensing of IP.
The Canadian Government has introduced Bill C-27, which, if enacted, would replace PIPEDA and modernize privacy law in
Addressing IP in AgTech Agreements:
Important IP-related considerations for
-
IP will be generated under the agreement and, if so, who will own the generated IP;
Conclusions:
Undoubtedly, the growth in the
Footnotes
1. Saskatchewan.ca, Agriculture and Agri-Value, online: (https://www.saskatchewan.ca/business/investment-and-economic-development/key-economic-sectors/agriculture-and-agri-value).
2. Innovation
3. Copyright Act (Canada), s. 41.1.
4.
5.The text of Bill C-244 can be found at the following webpage: https://www.parl.ca/legisinfo/en/bill/44-1/c-244.
6.The text of Bill C-27 can be found at the following webpage: https://www.parl.ca/legisinfo/en/bill/44-1/c-27.
Originally Published by Industry West
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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