On January 29, 2020, the Government introduced Bill C-4 to implement the Canada-United States-Mexico Agreement (CUSMA). The Bill, sponsored by Deputy Prime Minister Freeland, was read for the first time the same day.
As we reported, the previous Government's CETA implementation bill (Bill C-100) died on the Order Paper as it was not passed into law before the federal election in October of 2019. Subsequently, the Intellectual Property Chapter of the CUSMA was amended to remove extended data protection for biologics. Although Bill C-4 includes an amendment to the Food and Drugs Act that authorizes regulations to implement the remaining data protection provisions of the CUSMA, the Government has indicated that Canada's data protection regime is already compliant and no changes to the existing regulations are required.
Like Bill C-100 before it, Bill C-4 does not contain any amendments to the Patent Act. Canada is still expected to amend the Patent Act to include patent term restoration (PTR) in accordance with Article 20.44 of the CUSMA, but has four-and-a-half years from the date the CUSMA comes into force to implement this provision. PTR will provide patentees with an adjustment procedure to compensate for Patent Office unreasonable delays in issuing a patent. This obligation will likely be the subject of future legislation.
About Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.
For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.
Law around the world
nortonrosefulbright.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
