Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States (i.e. the USMCA), has received royal assent from the Governor General of Canada.
The legislation passed on the eve of suspension of Parliament until April 20, 2020 due to the COVID-19 outbreak. The third reading of the Bill in the House of Commons, the three required readings in the Senate, and royal assent, all occurred on March 13, 2020.
The provisions of Bill C-4 relevant to intellectual property will come into force on a day to be fixed by order of the Governor in Council.
The USMCA will replace the North American Free Trade Agreement (NAFTA), and require a number of changes to Canada’s IP laws, including the following three changes of particular significance:
- Introduction of a patent term adjustment procedure to compensate for Patent Office delay in issuing a patent. Canada must implement its obligations under this provision within 4.5 years of the date the USMCA enters into force.
- An increase of the copyright term from life of the author plus 50 years to life of the author plus 70 years. Canada must comply with this requirement within 2.5 years of the date the USMCA enters into force.
- Suspected counterfeit goods that are in transit (i.e., traveling through but not destined for Canada) will become susceptible to detention at the border.
For further details of Bill C-4 and the USMCA please see our previous articles here and here.
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.
Related Publications & Articles
-
Regulation to amend mainly the Regulation respecting the language of commerce and business: key takeaways from a recent discussion with the OQLF and the Ministry of the French Language
Our firm recently had the opportunity to discuss the Draft Regulation with representatives of the Office québécois de la langue française and the Ministry of the French Language. The purpose of this a...Read More -
Ghost in the machine: AI and patent protection
While there are arguments available that the current legal framework in Canada precludes the possibility of patenting AI-generated inventions (i.e., without any human input), it remains to be seen how...Read More -
All clear? The importance of trademark clearance searching in Canada
This article outlines the benefits of trademark searching, different types of searches, and specific Canadian considerations, emphasizing the importance of proactive trademark clearance.Read More