News & Analysis as of

Canada Intellectual Property Protection United States-Mexico-Canada Agreement (USMCA)

Procopio, Cory, Hargreaves & Savitch LLP

Nearshoring is Expected to Increase: What are the Patent Challenges for IP Owners?

The new U.S. administration’s interest in tariffs has put the process of nearshoring front and center. What is nearshoring? That’s when goods are sent into the U.S. tariff-free from a country with a free trade agreement and a...more

IR Global

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico

IR Global on

This is the second of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and...more

Smart & Biggar

A first look at Canada’s proposed patent term adjustment system

Smart & Biggar on

Bill C-47, entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” had its first reading in the House of Commons on April 20, 2023. This omnibus bill includes proposed...more

Stikeman Elliott LLP

Patent Rules Amendments In Force as of October 3, 2022, Reflecting Canada’s Commitments Under CUSMA

Stikeman Elliott LLP on

On October 3, 2022, the majority of the amendments introduced by the Rules Amending the Patent Rules on June 2, 2022, came into force and effect. The amendments aim to streamline the patent examination process and bring...more

Smart & Biggar

Canadian Patent Law 2020: A Year in Review

Smart & Biggar on

2020 was an unusual year by all accounts. In this article we take a look back at developments in Canadian patent law in the past year, including the Government of Canada’s and the Canadian Patent Office’s response to...more

Blake, Cassels & Graydon LLP

Mise en œuvre de l’ACEUM : Survol des changements propres à certaines industries

L’Accord Canada-États-Unis-Mexique (l’« ACEUM ») entrera en vigueur le 1er juillet 2020 et remplacera l’Accord de libre-échange nord-américain (l’« ALENA »), qui a été en vigueur pendant 26 ans. Connu sous le nom de « USMCA »...more

Blake, Cassels & Graydon LLP

CUSMA Implementation: Overview of Industry-Specific Changes

The Canada-United States-Mexico Agreement (CUSMA) will come into force on July 1, 2020, replacing the 26-year-old North American Free Trade Agreement (NAFTA). Known as USMCA in the United States, and T-MEC in Mexico, CUSMA...more

Smart & Biggar

Canadian Parliament passes legislation implementing the USMCA

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Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States (i.e. the USMCA), has received royal assent from the Governor General of Canada....more

Smart & Biggar

A Step Towards Canadian Ratification of "NAFTA 2.1"

Smart & Biggar on

Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States was tabled in the Parliament of Canada on January 29, 2020.  The bill introduces some amendments...more

Herbert Smith Freehills Kramer

USMCA: Implications for Biologics and Innovation

On Wednesday, President Donald Trump signed the United States-Mexico-Canada Agreement (USMCA) into law. The USMCA contains a number of key and last-minute revisions that implicate biologic medicines and patent obligations. ...more

Sheppard Mullin Richter & Hampton LLP

Modernizing NAFTA: The United States-Mexico-Canada Trade Agreement

On January 16, 2020, the United States Senate voted by an overwhelming majority to pass the implementing legislation for the United States-Mexico-Canada Trade Agreement (USMCA) after months of tense negotiations with...more

Smart & Biggar

What the amendments to the USMCA mean for Canadian IP law

Smart & Biggar on

On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referred to as the USMCA). The...more

Dorsey & Whitney LLP

Year-End Trade Deals Offer Hope for U.S. Business in 2020

Dorsey & Whitney LLP on

December 2019 has yielded some potentially significant relief to U.S. businesses and agricultural producers that may improve the terms of trade in 2020 after a prolonged period of increasing and damaging friction in...more

Smart & Biggar

Amendments to USMCA remove 10-year data protection requirement for biologics

Smart & Biggar on

On December 10, 2019, the parties to the Canada-United States-Mexico Agreement (commonly referred to as USMCA, or the new NAFTA) signed amendments (see summary of revised outcomes) to the Agreement. The original USMCA was...more

Foley & Lardner LLP

Updated USMCA a Breath of Fresh Air in a Distressed Trading World

Foley & Lardner LLP on

The updated USMCA was signed on December 10, 2019. These are not business-as-usual times in the trading world. As we know, there is the ongoing trade war with China, Brazil and Argentina are back in the steel and aluminum...more

Goodwin

10-Year Data Exclusivity for Biologics Removed from Final USMCA Agreement

Goodwin on

On December 10, 2019, the House Democrats and Trump administration reached an agreement on the United States-Mexico-Canada Agreement (USMCA), which would replace the North American Free Trade Agreement (NAFTA) of 1994....more

White and Williams LLP

US-Mexico-Canada Agreement Advantages Over NAFTA Relating To Intellectual Property, Agriculture and Automotive Manufacturing

White and Williams LLP on

Passage of the United States-Mexico-Canada Agreement (USMCA) has recently been characterized by the media as a political issue, with President Trump pushing for a vote by year’s end and House Speaker Nancy Pelosi not...more

Smart & Biggar

Canada introduces Bill C-100: A step towards ratification of “NAFTA 2.0”

Smart & Biggar on

In a step towards ratifying the Canada-United States-Mexico Agreement (CUSMA), the Canadian government introduced Bill C-100, entitled “An Act to implement the Agreement between Canada, the United States of America and the...more

White & Case LLP

United States Releases Annual Assessment of Foreign Trade Barriers

White & Case LLP on

On March 29, 2019, the Office of the United States Trade Representative (USTR) published its annual National Trade Estimate (NTE) Report on Foreign Trade Barriers, which "highlights significant foreign barriers to U.S....more

Smart & Biggar

Trademarks in Canada: A year of change and global harmony

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2018 was an exciting year for the trademarks profession in Canada. The long awaited changes to our Trademarks Act were announced, many of which will bring us in line this year with the rest of the world. There will also be a...more

Fenwick & West LLP

Key IP Takeaways from the United States-Mexico-Canada Agreement

Fenwick & West LLP on

On September 30, 2018, the United States, Mexico and Canada reached a trade agreement to supersede the North American Free Trade Agreement. The aptly named United States-Mexico-Canada Agreement includes intellectual property...more

Smart & Biggar

Rx IP Update - December 2018

Smart & Biggar on

FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence - On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more

Orrick, Herrington & Sutcliffe LLP

New United States-Mexico-Canada Agreement

On November 30, 2018 the United States, Mexico, and Canada formally signed the new cross-border trading agreement known as the United States-Mexico-Canada Agreement (the "USMCA"), ending almost two years of economic...more

Foley & Lardner LLP

International Trade: A New Dawn for North American Trade

Foley & Lardner LLP on

The business community, lawmakers and even workers across North America breathed a collective sigh of relief on October 1, 2018, after the renegotiated NAFTA agreement was unveiled. Following negotiations that had become...more

Blake, Cassels & Graydon LLP

Demystified: USMCA’s Intellectual Property Provisions on Damages for Trademark Counterfeiting

The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian...more

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