On November 30, 2018, Global Affairs Canada issued a news release announcing the signing of the Canada-United States-Mexico Agreement (CUSMA or USMCA), a new agreement to modernize the North American Free Trade Agreement between Canada, the United States, and Mexico. The changes relating to intellectual property are particularly notable as they modify the landscape for pharmaceuticals, and for patent, copyright and trademark owners. The potential impact on Canada's intellectual property laws was previously reported here, including the requirement to provide a data protection term (market exclusivity) for biologics of at least ten years from the date of first marketing approval. Canada must implement this change within five years of the date the CUSMA enters into force.
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.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.