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ARTICLE · 12 OCTOBER 2018

USMCA (NAFTA 2.0): What's New For Intellectual Property In Canada

Blaney McMurtry LLP
Blaney McMurtry LLP
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On September 30, 2018, just hours before the midnight deadline, Canada reached a new trilateral trade agreement with the United States and Mexico.

CanadaIntellectual Property

On September 30, 2018, just hours before the midnight deadline, Canada reached a new trilateral trade agreement with the United States and Mexico. The new United States-Mexico-Canada Agreement (USMCA) will replace the North America Free Trade Agreement (NAFTA) currently in force. The full text of the USMCA can be found here.

Chapter 20 "Intellectual Property Rights" of the USMCA replaces Chapter 17 of the NAFTA and stipulates updated intellectual property(IP) provisions that Canada must implement upon coming into force of the USMCA. On October 5, 2018, the Government of Canada published a summary of the IP Chapter.

Many of the updated IP provisions have already been incorporated into Canada's recent amendments to the Patent Act (expected to come into force in 2019), the Industrial Design Act (coming into force on November 5, 2018) and the Trademarks Act (expected to come into force in early 2019). However, Canada still needs to make further implementations, most

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