On October 17, 2020, the Government of Canada published a Statement on Implementation for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) (the “Statement”). The Statement details the Government’s interpretation of the rights and obligations arising from Canada’s participation as well as measures that the Government will pursue to implement the agreement.
Canada ratified the CPTPP on October 29, 2018, which incorporates many of the provisions previously agreed to under the Trans-Pacific Partnership (“TPP”). As previously reported, Canada and its CPTPP signatories agreed to suspend certain obligations under the TPP with respect to intellectual property, patents and pharmaceuticals, including on patent term adjustments to compensate for unreasonable patent office delays and marketing authorization delays. Canada already provides supplementary protection of up to two years for marketing authorization delays under the certificate of supplementary protection regime (previously reported here and here) but not for patent office delays.
According to the Statement, Canada’s current intellectual property laws are consistent with the obligations under the CPTPP and no further amendments to Canada’s intellectual property legislation are required.
Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.