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ARTICLE · 27 DECEMBER 2018

CUSMA And Regulatory Amendments Create Challenges And Opportunities For IP Owners In 2018

Osler, Hoskin & Harcourt LLP
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The CUSMA enhances protection and enforcement measures for trade secrets, i.e., valuable business information that derives its value from being kept confidential.

CanadaIntellectual Property
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
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There is perhaps no better illustration of the stunning rise in value of intellectual property (IP) assets than the recent trade negotiations between Canada and the United States, which yielded the Canada-United States-Mexico Agreement (CUSMA) on October 1, 2018. Even amidst politically charged, clashing demands relating to car manufacturing, dairy farming and dispute resolution, the U.S. administration turned to increased IP protection to extract ever more value from Canada. Recent international trade agreements, such as the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), have sought to harmonize IP rights among jurisdictions by prescribing minimum standards of protection. The CUSMA extends this trend by requiring material amendments to Canadian laws in favour of IP rights holders. The question now is: how will Canada incorporate these rising standards

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