Bill C-30, the CETA implementation legislation received royal assent today. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering patent linkage system, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Implementation regulations are expected any day.

Bill C-30 (link to text), An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures, was introduced in November and addresses changes to implement CETA, including to the:

  • Export and Import Permits Act
  • Financial Administration Act
  • Food and Drugs Act
  • Importation of Intoxicating Liquors Act
  • Patent Act
  • Trade-marks Act
  • Investment Canada Act
  • Customs Act
  • Commercial Arbitration Act
  • Coasting Trade Act
  • Customs Tariff
  • Pest Control Products Act
  • and consequential amendments to a variety of other acts

Most of the legislation comes into force immediately. Some sections relating to the listing of new geographic indicators are to take place “as soon as feasible”.

Implementing regulations for the closely watched new patent linkage system are expected imminently.