Canadian Lawyer

38 F E B R U A R Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m hen Canada and the European Union finally signed the Canada- European Union C o m p r e h e n s i v e Economic and Trade Agreement on Oct. 30, it marked what many hoped would be a move toward reducing tariffs and other barriers to trade in an increasingly global economy. For those in the intellectual property bar, it brings several changes that many welcome, but many questions about implementation remain. "It certainly brings some uniformity with respect to IP protection between Canada and the European Union," says David Turgeon, partner and patent agent with Fasken Martineau DuMoulin LLP in Montreal. "There are two main chang- es — the first one is with respect to trade- marks and the second is with respect to patents." For example, Canada will have a two- year maximum drug patent term exten- sion and drug litigation will be turned into full actions as opposed to being dealt with by way of application. Trademarks are also addressed. Can- ada will be asked to make efforts to comply with the Singapore Treaty and Madrid Protocol. Following changes to the Trademarks Act, Canada is on its way to compliance, although some argue it is still lagging in certain areas. There are also changes to the protec- tion of geographical indications. CETA restricts use of certain European GIs to products associated with coming from certain regions, while other terms and new Canadian product names will have to be paired with words such as "type" or "style." Turgeon says he believes the changes will be perceived positively by companies because over the last few years pharma- ceutical companies had concerns about the way Canadian laws were applied to utility. "I think the certificate of supple- mentary protection will be helpful for the innovative companies in Canada. It brings Canada more in line with what is happening in Europe. I think it will be perceived as a step forward from the Canadian government to encourage innovation and reward innovating com- panies," he says. In some other areas, Turgeon says, because of the political situation with the United States and uncertainty of what will happen with trade agreements in the wake of Donald Trump emerging as president-elect, some companies may find their product is now more competi- tive in the European market. Before CETA was signed, just 25 per cent of EU tariff lines where Canadian goods were exported entered the EU duty- free. With CETA coming into force, 98 per L E G A L R E P O RT \ I N T E L L E C T U A L P R O P E RT Y W ALEXI VELLA The EU trade agreement IP practitioners are hoping the newly signed Comprehensive Economic and Trade Agreement will bring a net gain By Jennifer Brown

• Cover