December 2017

  • December 01, 2017
Comprehensive Economic and Trade Agreement (“CETA”) 

The Comprehensive Economic and Trade Agreement (“CETA”) is the free trade agreement between Canada and 28 member states of the European Union. It came into force provisionally on September 21, 2017 by a number of Orders in Council. The expansive legislation aims to eliminate 95% of existing tariffs applied to goods traded between the jurisdictions. Beyond this, CETA impacts many areas of intellectual property law, as well as immigration-related areas.

Among the changes, CETA impacts biologic/pharma patents (with numerous amendments to the Patent Act, the Patent Rules and the Patented Medicines [Notice of Compliance] Regulations, as well as the new Certificates of Supplemental Protection Regulations).

CETA also impacts trademarks law in Canada, broadening the definition of “geographical indications” under the Canadian Trade-marks Act to protect more than just wines and spirits and include agricultural foods products (such as milk, olives and beer).

Practitioners should bring themselves up to speed with the new expansive legislation and corresponding amendments to the various Acts and regulations which have been impacted.