Accord Libre-échange Canada-Europe: plus de détails sur les clauses de propriété intellectuelle

Voir à partir de page 19 de http://www.scribd.com/doc/179997782/CETA-pdf

Pharmaceuticals

Data protection

Canada rejected the EU request to provide 10 years of data protection

Canada agreed to lock in the current Canadian practice of providing eight years of market exclusivity

current regulations provide a six year “no-filing” period during which no applications for generic drugs are

accepted for regulatory consideration and a two-year“no-marketing” period during which generics can

progress toward market readiness but cannot be sold

Patent linkage / right of appeal

Canada agreed to a general commitment to ensure that litigants are afforded effective rights of appeal, which

gives scope for Canada to end the practice of dual litigation.

ensures all litigants have equal appeal rights

will bring improvements to Canada’s pharmaceutical intellectual property regime by taking inefficiencies

out of the system

litigation in this area is currently one of the largest draws on the federal court system

guarantee of an effective appeal for brands and more certainty for generics

Background:

Both generic and brand-name drug manufacturers take issue with the status quo regarding the

opportunities for litigation and appeal in Canada.

Brand-name manufacturers do not have an effective right of appeal under the patent-linkage system.

Generic manufacturers note that a successful result under patent-linkage litigation is no guarantee of success

in the case of subsequent litigation under thePatent Act.

Additional protection

Canada agreed to provide additional (sui generis) protection for pharmaceutical products protected by eligible

patents in Canada.

Thee period of protection will be calculated using reference points including the filing of the application for the

patent and the first authorization to place the product on the Canadian market.

•The period of protection offered by Canada will never exceed a fixed cap of two years.

•The cap on the period of protection in the EU remains higher, at five years.

Exceptions have been negotiated to allow for Canadian-made generic medicines to be exported during the

period of additional protection.

•This will temper the impact on the generic industry and its competitiveness in the important United States

market.

No retroactivity: pharmaceutical products that are already approved and on the Canadian market would not

receive additional protection.

Any cost impacts not likely to be felt until 2023*.

*using eight as an estimate of the average number of years that a pharmaceutical product would be on the

market before becoming eligible for the type of additional protection negotiated in CETA, and assuming

that CETA is ratified in 2015

Should concessions to the EU in this area generate cost impacts on provincial and territorial governments, the

federal government is prepared to address these incremental cost impacts.

Copyright

The CETA result on copyright reflects Canada’s system as updated by the 2012 Copyright Modernization Act,

which brought Canada into compliance with the two 1996 World Intellectual Property Organization treaties

(Copyright, and Performances and Phonograms).

Reiterates existing aspects of Canada’s copyright regime, including term of protection, broadcasting, protection

of technological measures (technology designed to protect copyrighted material), protection of rights

management information, and liability of intermediary (e.g. Internet) service providers

Trademarks and designs

Canada did not take on specific commitments in this area. !e CETA result on trademarks and designs reflects

a best endeavours commitment to make all reasonable efforts to comply with international agreements and

standards to encourage more effective trademark and industrial design procedures.

With regard to the above, CETA specifically mentions the Singapore Treaty on the Law of Trademarks, the

Protocol Related to the Madrid Agreement Concerning the International Registration of Marks, and the

Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

Geographical indications (GIs)

Canada currently recognizes a number of EU wines and spirit geographical indications (GI), such as Cognac

and Bordeaux.

Agreed to varying ways of addressing EU requests regarding 179 terms covering foods and beer

Preserved space for Canadian trademark holders and for users of commonly used English and French names for

food products

Offer protection for GIs without prejudicing the validity of existing Canadian trademarks

The economic impact will be contained in Canada.

Enforcement of GIs in the Canadian market remains a private matter to be argued before the courts.

Some EU GIs were protected but with the caveat that they not impact the ability of producers to use specified

English- and French-language terms that are commonly employed in Canada.

•The following terms continue to be free for use in the Canadian market, in both official languages,

regardless of product origin: Valencia orange, Black Forest ham, Tiroler bacon, Parmesan, Bavarian beer,

Munich beer.

For example, Canadian producers would be able to use English and French but not the German language

for Black Forest ham (Schwarzwaelder Schinken).

Limited GI rights provided to EU on: Asiago, feta, fontina, Gorgonzola and Munster

won’t affect ability of current users of these names in Canada to continue use

future users will be able to use the names only when accompanied by expressions such as “kind,” “type,”

style,” “imitation” or the like

Canada preserves the ability to use the customary name of a plant variety or an animal breed.

Producers can, for example, sell the kalamata variety of olive and use the variety name in their packaging.

Canada maintains ability to use components of multi-part terms, for example:

“Brie de Meaux“ will be protected, but the term “brie” can be used on its own

“Gouda Holland“ will be protected, but the term “Gouda” can be used on its own

“Edam Holland” will be protected, but the term “Edam” can be used on its own

“Mortadella Bologna“ will be protected, but either “Mortadella” or “bologna” can be used separately

Canada did not agree to protect the French term “noix de Grenoble” (walnut, in English), meaning this term

remains free for use in Canada.

Budweiser beer : Canada will not protect the GI “Budejovicke,” which prevents any potential conflict with the

Budweiser trademark.

Consultations were conducted with stakeholders, including meetings with individual trademark holders.

Plants and plant protection products

Reflects Canadian regime

provides certainty for data protection for plant protection products

Commits both sides to co-operate to promote and reinforce the protection of plant varieties based on the

International Convention for the Protection of New Varieties of Plants (UPOV)

Canada and the EU already work together under UPOV.

CETA will not change the “farmers’ privilege” to save and replant seeds of a protected variety on their own land

under the federal Plant Breeders’Rights’ Act.

Enforcement

Commitment to ensure simple, fair, equitable and cost-effective enforcement of intellectual property rights

Includes provisions on civil remedies and border enforcement in line with Canada’s existing regime and federal

Bill C-56, Combating Counterfeit Products Act

Commitments concerning the handling of geographical indications at the border: to be confirmed

!is is not expected to interrupt trade at the border.

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