CETA – 6. Intellectual property (En)
1. Copyright, Trademark & Design
CETA aims to create a balance between copyright owners’ right to benefit from their work and promotion of advances in technology, as well as possibility of using new and innovative technology by service providers, businesses, students and educators.
The Agreement in principle includes various copyright provisions regarding term of protection, broadcasting, protection of technological measures, protection of rights management information, and liability of intermediary service providers.
In the area of trademarks and designs, the following international agreements set standards that encourage trademark and industrial design procedures:
- The Singapore Treaty on the Law of Trademark;
- The Protocol Related to the Madrid Agreement Concerning the International Registration of Marks;
- The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Design.
Though Canada is not currently a contracting party to these agreements (whereas many EU member states are), both the EU and Canada commit to make all reasonable efforts to comply with the standards set in these agreements.
2. Geographical Indicators (GIs)
A geographical indicator is a sign or name of a product that is based on its specific geographical origin.
Canada currently recognizes a number of EU wines and spirits GIs (such as Cognac and Bordeaux), but agrees to recognize 179 additional terms regarding food and beer.
Canada however agreed to protect some EU GIs with the caveat that they do not impact the ability of producers to use terms that are commonly used in Canada : in English and in French. As a consequence, the following terms continue to be free of use in Canada. in French and English only – regardless of the origin of the product: Valencia orange, Black Forest ham, Tiroler bacon, Parmesan, Bavarian beer, Munich beer.
The EU preserved its GI rights on a certain number of cheeses such as Asiago, Feta, Fontina, Gorgonzola and Munster. However, this will not affect the ability of current users to continue use of these names. Future users may only use these names if accompanied by expressions such as “kind”, “type”, “style” and “imitation”.
Canada preserves the right to use the customary name of an animal breed or a plant variety, such as using Kalamata on packaging of this variety of olive.
Canadians also maintain the ability to use parts of multi-part terms, for example:
- Brie de Meaux will be protected, but Brie may be used on its own;
- Gouda Holland will be protected, but Gouda may be used on its own;
- Edam Holland will be protected, but Edam may be used on its own;
- Mortadella Bologna will be protected, but Mortadella or Bologna may be used separately.
Canada did not agree to protect the French term noix de Grenoble and will not protect the GI Budejovicke, thus preventing any conflicts with the Budweiser trademark.
3. Plants and Plant Protection Products
CETA will provide certainty for data protection for plant protection products (i.e. pesticides). The Parties have committed to co-operate in order to promote and reinforce the protection of plant varieties based on the International Convention for the Protection of New Varieties of Plants.
CETA will preserve the “farmers’ privilege” to save and replant seeds of a protected variety on their own land under the Canadian federal Plant Breeders’ Rights’ Act.
The Parties agreed to ensure simple, fair, equitable and cost-effective enforcement of intellectual property rights provisions through civil remedies and border enforcement measures that should not interrupt trade at the border.
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