NAFTA: US and Canada agree on copyright and patent protection
Extended terms for copyright protecting creative works and patents protecting biologics are key aspects of the updated North American Free Trade Agreement (NAFTA).
The US and Canada joined Mexico in reaching a deal to update the 1994 trade agreement yesterday, September 30.
As part of the deal, NAFTA will be renamed the United States-Mexico-Canada Agreement.
Last year, the US released a 17-page document detailing the country’s objectives for a renegotiated NAFTA. This included “a framework for effective cooperation between parties on matters related to the adequate and effective protection and enforcement of IP rights”.
In August, the US and Mexico agreed to extend the minimum copyright term for creative works to ‘life of the author plus 75 years’. In the US, copyright protection already lasts for life plus 70 years. However, Canada was unhappy with the proposed extension. Currently, under Canadian law, copyright protection lasts for 50 years after the death of the author.
Under yesterday’s agreement, the US and Canada agreed to extend copyright protection to the life of the author plus 70 years, rather than including the extra five years.
Another IP aspect of the deal involves pharmaceutical patents.
As reported by The Financial Post, Canada agreed to extend patent protection for biologics from eight to ten years, despite opposition from generic manufacturers. Critics of the extension had warned that it would increase healthcare costs by delaying the availability of generic medicines.
Other aspects of the agreement include improved access to Canada’s dairy market for US farmers and protection for Canada’s automotive industry from US tariffs.
The agreement also includes a sunset clause which dictates that the deal will expire in 16 years unless, after six years, the parties agree to renew it. If no agreement can be reached at this point, the parties will meet annually until year 16 to attempt to resolve outstanding issues and renew the deal.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories
easyJet owner takes on Netflix for trademark infringement
Japanese court puts brakes on Mario Kart go-karting rental
UEFA loses trophy re-match at US Copyright Office
In case you missed it: UK Patent Box claims jump to £942.5m
Christian Archambeau officially starts top job at EUIPO
