Canada-EU deal to lead to IP changes
Major changes to IP law in Canada are expected, lawyers say, after the country announced this week that officials have agreed on a complete text of a free trade agreement with the EU, allowing translation and final legal review to begin.
Last October, Canada and the EU reached an agreement in principle, and this week the Canadian government said not only have they agreed on the text but also that planning has begun for a Canada-EU summit that will be hosted in Canada in September.
In addition, Prime Minister Stephen Harper and minister of international trade Ed Fast will lead a trade mission to the UK in the same month.
“This is another important step towards the implementation of the historic Canada-EU trade agreement, which will create jobs and economic opportunities for hard-working Canadians in every region of the country,” said Fast.
“Our upcoming EU trade mission to the UK will help Canadian businesses secure their first-mover advantages in the largest and most lucrative market in the world, even as translation and final legal review of the text proceeds,” he added.
Commenting on the agreement, a report by Canadian law firm Smart & Biggar/Fetherstonhaugh said that as a result of the deal, it expected changes to IP protection in Canada, including significant alterations to IP protection for geographical indications, pharmaceuticals and biologics.
In particular, the report said, “we expect an expansion of protection for geographical indications to cover a broad range of foods and beer, an end to ‘dual litigation’ in pharmaceutical patent cases resulting from the interplay between litigation under the Patent Act and the Patented Medicines (Notice of Compliance) Regulations, and patent term restoration for pharmaceutical products protected by eligible patents for up to two years”.
“The government has said that there will be no change to the data protection term for pharmaceuticals or biologics,” the report added.
