CETA – 6. La propriété intellectuelle (Fr) - Weissberg Law Firm

1. Pharmaceutical products

With CETA, Canada agrees to give more protection to products
pharmaceuticals protected by existing Canadian patents.

The period of protection offered by Canada will never exceed the set threshold of 2 years,
while the EU protection period threshold is 5 years. Products
approved pharmaceuticals on the Canadian market will not receive any
additional protection since no retroactivity was provided for in the Agreement.

The parties have, however, negotiated exceptions allowing the export of medicines
Canadian generics during the additional protection period.

2. Copyright, trademark and design rights

CETA includes a copyright system that follows the Modernization of
copyright of 2010, in accordance with the 2 treaties of 1996 of the World Organization
of Intellectual Property.

Although CETA allows copyright holders to enjoy their works, it
aims to promote technological progress and allows the use of technologies
innovative by service providers, businesses, students and teachers.

The Agreement includes various copyright provisions relating to the period of
protection, dissemination, protection of technical measures, protection of information
on rights regimes, as well as the liability of service providers
intermediaries.

Regarding trademarks and designs, Canada and the EU agree to make every effort
reasonable to comply with international agreements and standards promoting
trademark and industrial design procedures, including:

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
on food and on beer.

Canada has negotiated the protection of certain EU GIs provided they do not affect
not the possibility for producers to use specific terms which are customary
fluent in Canada, in English and French. Consequently, the following terms
continue to be freely used in Canada, in French and English only,
regardless of product origin: Orange Valencia, Black Forest ham, bacon
Tiroler, 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 possibility for
current users of these names to continue use. Future users will not be able to
use these names only if accompanied by expressions such as "like", "type",
"Style" and "imitation".

Canada reserves the right to use the common name of an animal breed or variety of
plant, 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.

5. Implementation

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 .

All articles on CETA

All articles on CETA
1. Elimination of agricultural tariffs
2. Elimination of industrial tariffs
3. Services and labor mobility
4. Investment protection
5. Public procurement
CETA - 6. Intellectual property
CETA - 7. Sustainable development, environment and work
CETA - 8. Dispute resolution and monitoring