CETA - 6. Intellectual property (Fr)
1. Pharmaceutical products
With CETA, Canada is committed to providing more protection to pharmaceutical products protected by existing Canadian patents.
The protection period offered by Canada will never exceed the set threshold of 2 years, while the EU protection period threshold is 5 years. Approved pharmaceutical products on the Canadian market will not receive any additional protection since no retroactivity has been provided for in the Agreement.
However, the parties have negotiated exceptions allowing the export of Canadian generic drugs during the additional protection period.
2. Copyright, trademark and design rights
CETA includes a copyright system that follows the Copyright Modernization Act of 2010, in accordance with the 2 1996 treaties of the World Intellectual Property Organization.
While CETA allows copyright holders to profit from their works, it aims to promote technological advancements and allows the use of innovative technologies by service providers, businesses, students and teachers.
The Agreement includes various provisions on copyright relating to the period of protection, dissemination, protection of technical measures, protection of information on rights regimes, as well as the liability of intermediary service providers.
With regard to trademarks and designs, Canada and the EU undertake to make all reasonable efforts to comply with international agreements and standards promoting trademark and industrial design procedures, in particular:
- The Singapore Trademark Law Treaty;
- The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
- The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
3. Geographical Indications (GI)
A geographical indication is a brand or product name, directly linked to its specific geographic origin.
Canada currently recognizes a number of GIs for wines and spirits from the EU (such as Cognac and Bordeaux), but agrees to know 179 more about food and beer.
Canada has negotiated the protection of certain EU GIs provided that they do not affect the ability of producers to use specific terms that are in common use in Canada, in English and French. Consequently, the following terms continue to be freely used in Canada, in French and English only, regardless of the origin of the product: Orange Valencia, Black Forest ham, Tiroler bacon, Parmesan, Bavarian beer, Munich beer.
The EU protects its own GIs on a number of cheeses such as Asiago Feta, Fontina, Gorgonzola and Munster. However, this will not affect the ability for current users of these names to continue using. Future users will only be able to use these names if they are accompanied by phrases such as "like", "type", "style" and "imitation".
Canada reserves the right to use the common name of an animal breed or plant variety, such as the use of Kalamata on the packaging of this variety of olive.
Canadians also maintain their right to use parts of compound expressions:
- Brie de Meaux will be protected, but Brie can be used alone;
- Gouda Holland will be protected, but Gouda can be used alone;
- Edam Holland will be protected, but Edam can be used alone;
- Mortadella Bologna will be protected, but Mortadella or Bologna may be used separately. Canada has not agreed to protect the French expression walnuts and will not protect IG Budejovicke either, thereby avoiding any conflict with the Budweiser brand.
4. Plants and Plant Protection Products
CETA provides security in terms of data protection of plant protection products. The Parties have agreed to cooperate in order to promote and strengthen the protection of plant varieties on the basis of the International Convention for the Protection of New Varieties of Plants.
CETA retains the "farmers' privilege" to preserve and replant the seeds of a protected variety on their own land in accordance with Canadian federal plant variety protection law.
Parties agree to ensure simple, fair, equitable and affordable implementation of intellectual property provisions through civil channels and through enhanced border measures, which should not, however, disrupt border trade .
© Weissberg & Weissberg 2015
All articles on CETA
All articles on CETA
1. Elimination of agricultural tariffs
2. Elimination of industrial tariffs
3. Services and labor mobility
5. Public procurement
6. Intellectual property
7. Sustainable development, environment and work
8. Dispute resolution and monitoring
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