11/4/13Comprehensive Economic and Trade Agreement between Canada and Europe: a new age of IP reform? - Lexologywww.lexology.com/library/detail.aspx?g=887ff183-6489-44c8-8b8a-c474a8e277c13/4
While Canada did not take on any specific commitments with respect to trade-marks and designs,there is a “best endeavours” commitment to make “all reasonable efforts” to comply with internationalagreements including the S
ingapore Treaty a
relating to trade-marks and the
relating to Industrial Designs.Numerous provisions regarding geographical indications are included, designed to address EUconcerns relating to foods and beer. Many geographical indications will be protected, withexceptions including maintaining existing rights for Canadians to use common English and Frenchwords for food products, protecting existing Canadian trade-mark registrations, permitting thecontinued use of commonly used terms such as Black Forest ham and allowing for the continued useby users of certain geographical indications such as Asiago as well as components of certain termssuch as Gouda while protecting Gouda Holland.
Plants and Plant Protection Products
The report states that CETA “reflects the Canadian regime” and provides certainty for data protectionfor plant protection products. The
Pest Control Product Regulations
currently provide for, amongother things, the protection of certain data submitted for the registration of pesticides (includingherbicides, fungicides, and insecticides).The report indicates that both Canada and the EU are committed to co-operating to promote andreinforce the protection of plant varieties based on the International Union for the Protection of NewVarieties of Plants (UPOV). There is no indication whether Canada will become a party to the 1991 Act of the UPOV Convention. Canada is presently a party only to the 1978 Act.The report notes that CETA will not change the “farmers’ privilege” to save and replant seeds of aprotected variety under Canada’s P
lant Breeders’ Rights A
ct (PBRA). The PBRA does not presentlyexplicitly provide for a farmers’ privilege, although one is implied by the limited rights of the breeder specified in the legislation. A farmers’ privilege is explicitly defined in the 1991 Act of the UPOVConvention.
Based on the information provided, it appears that Canada will be CETA compliant in respect tocommitments regarding IP enforcement provisions, including civil and border remedies, if the regimepresented under Bill C-56 is enacted into law. Bill C-56 was re-introduced as Bill C-8 on October 28,2013 and has now been referred to committee for further consideration and possible amendment.(For more details on Bill C-8, see our IP Update of October 29, 2013). However, there is a caveatthat commitments regarding “the handling of geographical indications at the border” are to beconfirmed.
The CETA agreement has not yet been published nor finalized, leaving the possibility that thecommitments noted above may be subject to further comment and analysis.Once finalized, there will remain the requirement to ratify the agreement, which may not occur until2015. The long process of statutory reform (which will require Parliamentary approval for any