On October 31, 2016, the day after Canada and the European Union (EU) officially signed the Comprehensive Economic and Trade Agreement (CETA), the Canadian government tabled Bill C-30 entitled “An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures”, outlining measures implement CETA.  Bill C-30 will impact trademark law and pharmaceutical patent law in Canada.

Trade-marks – Geographical Indications. Bill C-30 broadens the scope of Geographical Indications (GIs) to include specific agricultural products and foods originating from the EU.  Bill C-30 also includes specific Korean GIs such as Korean Fresh Ginseng and Icheon rice.

Patent – Pharmaceutical Products.  Bill C-30 introduces certificates of supplementary protection, which can extend the term of a patent by up to two years to account for delays in obtaining regulatory approval for pharmaceutical products.  Bill C-30 also provides innovators with right of appeal under the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations), which may signal the end of the current dual litigation system under the PM(NOC) Regulations and the Patent Act.  Specifically, Bill C-30 provides further regulation-making authority in subsection 55.‍2(4) of the Patent Act to permit the replacement of the current summary proceedings under the PM(NOC) Regulations “with full actions that will result in final determinations of patent infringement and validity”.  However, Bill C-30 does not contain any specific details regarding these amendments. 

Summary By: Junyi Chen

E-TIPS® ISSUE

16 11 16

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.