Consolidated CETA Text

22. Intellectual Property

Intellectual Property Rights

CETA - IPR Chapter

Article 1.1 Objectives

The objectives of this chapter are to:

  • (a) facilitate the production and commercialization of innovative and creative products, and the provision of services, between the Parties; and
  • (b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Article 1.2 Definitions

For the purposes of this Chapter, "pharmaceutical product" means a product including a chemical drug, biologic drug, vaccine or radiopharmaceutical, which is manufactured, sold or represented for use in:

  • (a) making a medical diagnosis, treating, mitigating or preventing disease, disorder, or abnormal physical state, or its symptoms, or
  • (b) restoring, correcting or modifying physiological functions.

Section 1 Principles

Article 2 Nature and Scope of Obligations

The provisions of this chapter complement the rights and obligations between the Parties under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter called TRIPS Agreement).

Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.

Nothing in this Agreement creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and enforcement of law in general.

Article 3 Public Health Concerns

1. The Parties recognise the importance of the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the World Trade Organisation. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with this Declaration.

2. The Parties shall contribute to the implementation and respect the Decision of the WTO General Council of 30 August 2003 on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005.

Article 4 Exhaustion

Nothing in this Chapter shall affect the freedom of the Parties to determine whether and under what conditions the exhaustion of intellectual property rights applies.

Article 4A Disclosure of Information

Nothing in this Chapter shall require a Party to disclose information that would otherwise be contrary to its law or exempt from disclosure under its law, including its laws and regulations concerning access to information and privacy.

Section 2 Standards Concerning Intellectual Property Rights

Article 5 Copyright and Related Rights

Article 5.1 - Protection Granted

1. The Parties shall comply with the Berne Convention for the Protection of Literary and Artistic Works (1886, last amended in 1979), the WIPO Copyright Treaty - WCT (Geneva, 1996), and the WIPO Performances and Phonograms Treaty - WPPT (Geneva, 1996). The Parties shall comply with Articles 1 through 22 of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961).

2. The moral rights of the authors and performers shall be protected in accordance with Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works and Article 5 of the WIPO Performances and Phonograms Treaty (WPPT).

3. To the extent permitted by the treaties referred to in paragraph 1, nothing in this Chapter shall be construed as restricting each Party's ability to limit intellectual property protection to performances that are fixed in phonograms.

Article 5.2 - Broadcasting and Communication to the Public

1. The Parties shall provide performers the exclusive right to authorize or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

2. The Parties shall ensure that a single equitable remuneration is paid by the user if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that this remuneration is shared between the relevant performers and phonogram producers. The Parties may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of this remuneration between them.

Article 5.3 - Protection of Technological Measures

5.3(1) Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures Footnote 1 that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorized by the authors, the performers or the producers of phonograms concerned or permitted by law.

5.3(2) In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 5.3(1), each Party shall provide protection at least against:

  • (a) to the extent provided by its law:
    • (i) the unauthorized circumvention of an effective technological measure carried out knowingly or with reasonable grounds to know; and
    • (ii) the offering to the public by marketing of a device or product, including computer programs, or a service, as a means of circumventing an effective technological measure; and
  • (b) the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:
    • (i) is primarily designed or produced for the purpose of circumventing an effective technological measure; or
    • (ii) has only a limited commercially significant purpose other than circumventing an effective technological measure.

5.3(2.1) Under paragraph 5.3(2) "to the extent provided by its law" means that Parties have flexibility in implementing paragraphs 5.3(2)(a)(i) and (ii).

5.3(3) In implementing paragraphs 5.3(1) and (2), no Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise contravene its measures implementing these paragraphs. The intention of this provision is that this Agreement does not require a Party to mandate interoperability in its law, i.e., there is no obligation for the ICT (Information Communication Technology) industry to design devices, products, components, or services to correspond to certain technological protection measures.

5.3(4) In providing adequate legal protection and effective legal remedies pursuant to the provisions of paragraph 5.3(1), a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraphs 5.3(1) and (2). The obligations set forth in paragraphs 5.3(1) and (2) are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under a Party's law.

Article 5.4 - Protection of Rights Management Information

5.4(1) To protect electronic rights management information, Footnote 2 each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing without authority any of the following acts knowing, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any copyright or related rights:

  • (a) to remove or alter any electronic rights management information;
  • (b) to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.

5.4(2) In providing adequate legal protection and effective legal remedies pursuant to the provisions of paragraph 5.4(1), a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraph 5.4(1). The obligations set forth in paragraph 5.4(1) are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under a Party's law.

Article 5.5 - Liability of Intermediary Service Providers

1. Subject to the other paragraphs of this Article, each Party shall provide limitations or exceptions in its domestic legislation regarding the liability of service providers, when acting as intermediaries, for infringements of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services.

2. The limitations or exceptions referred to in the previous paragraph:

  • a) shall cover at least the following functions:
    • i. hosting of the information at the request of a user of the hosting services;
    • ii. caching carried out through an automated process, when the service provider:
      • a. does not modify the information other than for technical reasons;
      • b. ensures that any directions related to the caching of the information that are specified in a manner widely recognized and used by industry are complied with; and
      • c. does not interfere with the use of technology that is lawful and widely recognized and used by the industry in order to obtain data on the use of the information;
    • iii. mere conduit, which consists of the provision of the means to transmit information provided by a user, or the means of access to a communication network;
  • b) may also cover other functions including:
    providing an information location tool, by making reproductions of copyright material in an automated manner, and communicating the reproductions.

3. Eligibility for the limitations or exceptions in this Article may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.

4. Each Party may prescribe in its domestic law, conditions for service providers to qualify for the limitations or exceptions in this Article. Without prejudice to the above each Party may establish appropriate procedures for effective notifications of claimed infringement, and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification.

5. This Article is without prejudice to the availability in a Party' law of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance with Parties' legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 5.6 - Camcording

Each Party may provide for criminal procedures and penalties to be applied in accordance with its laws and regulations against any person who, without authorisation of the theatre manager or the holder of copyright in a cinematographic work, makes a copy of that work or any part thereof, from a performance of the work in a motion picture exhibition facility open to the public.

Article 6 Trademarks

Article 6.1 - International Agreements

The Parties shall make all reasonable efforts to comply with the Singapore Treaty on the Law of Trademarks (2006) and to accede to the Protocol related to the Madrid Agreement concerning the International Registration of Marks.

Article 6.2 - Registration Procedure

The Parties shall provide for a system for the registration of trademarks in which reasons for the refusal to register a trademark shall be communicated in writing to the applicant who will have the opportunity to contest such refusal and to appeal a final refusal to a judicial authority. The Parties shall provide for the possibility to file oppositions either against trademark applications or against trademark registrations. The Parties shall provide a publicly available electronic database of trademark applications and trademark registrations.

Article 6.3 - Exceptions to the Rights Conferred by a Trademark

The Parties shall provide for the fair use of descriptive terms, including terms descriptive of geographical origin, as a limited exception to the rights conferred by a trademark. In determining what is fair use, account shall be taken of the legitimate interests of the owner of the trademark and of third parties. The Parties may provide other limited exceptions, provided such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

Article 7 Geographical Indications

Article 7.1 - Definitions

For the purposes of this Article 7

  • (a) "geographical indication" means an indication which identifies an agricultural product or foodstuff as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin;
  • (b) "product class" means a product class listed in Annex III;
  • (c) "Harmonized System" means the International Convention on the harmonized commodity, description and coding system done at Brussels on June 14, 1983;

Article 7.2 - Scope

This Article 7 applies to geographical indications identifying products falling within one of the product classes listed in Annex III.

Article 7.3 - Listed geographical indications

For the purposes of this Article 7,

  • (a) the indications listed in Part A of Annex I are geographical indications which identify a product as originating in the territory of the European Union or a region or locality in that territory; and
  • (b) the indications listed in Part B of Annex I are geographical indications which identify a product as originating in the territory of Canada or a region or locality in that territory.

Article 7.4 - Protection for geographical indications listed in Annex I

1. Having examined the geographical indications of the other Party, each Party undertakes to protect them according to the level of protection laid down in this article 7.

2. Each Party shall provide the legal means for interested parties to prevent:

  • (a) the use of a geographical indication of the other Party listed in Annex I for any product that falls within the product class specified in Annex I for that geographical indication and that either:
    • i. does not originate in the place of origin specified in Annex I for that geographical indication; or
    • ii. does originate in the place of origin specified in Annex I for that geographical indication but was not produced or manufactured in accordance with the laws and regulations of the other Party that would apply if the product was for consumption in the other Party.
  • (b) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; and,
  • (c) any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).

3. The protection referred to in paragraph 2.a shall be provided even where the true origin of the product is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like.

4. Each Party shall provide for enforcement by administrative action, to the extent provided for by its domestic law, to prohibit a person from manufacturing, preparing, packaging, labelling, selling or importing or advertising a food commodity in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its origin.

5. Consistent with paragraph 4, each Party will provide for administrative action in respect of complaints related to the labelling of products, including their presentation, in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding their origin.

6. The registration of a trademark which contains or consists of a geographical indication of the other Party listed in Annex I shall be refused or invalidated, ex officio if a Party's legislation so permits or at the request of an interested party, with respect to a product that falls within the product class specified in Annex I for that geographical indication and that does not originate in the place of origin specified in Annex I for that geographical indication.

7. There shall be no obligation under this Article 7 to protect geographical indications which are not or cease to be protected in their place of origin, or which have fallen into disuse in that place. If a geographical indication of a Party listed in Annex I ceases to be protected in its place of origin or falls into disuse in that place, that Party shall notify the other Party and request cancellation.

Article 7.5 - Homonymous Geographical Indications

1. In the case of homonymous geographical indications of the Parties for products falling within the same product class, each Party shall determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

2. Where a Party, in the context of negotiations with a third country, proposes to protect a geographical indication identifying a product originating in the third country, where that indication is homonymous with a geographical indication of the other Party listed in Annex I and where that product falls within the product class specified in Annex I for the homonymous geographical indication of the other Party, the other Party shall be informed and be given the opportunity to comment before the geographical indication becomes protected.

Article 7.6 - Exceptions

1. Notwithstanding paragraphs 2 and 3 of Article 7.4, Canada shall not be required to provide the legal means for interested parties to prevent the use of the terms listed in Part A of Annex I and identified by one asterisk {note: "Asiago", "Feta", "Fontina", "Gorgonzola" and "Munster"} when the use of such terms is accompanied by expressions such as "kind", "type", "style", "imitation" or the like and is in combination with a legible and visible indication of the geographical origin of the product concerned.

2. Notwithstanding paragraphs 2 and 3 of Article 7.4, the protection of the geographical indications listed in Part A of Annex I and identified by one asterisk {note: "Asiago", "Feta", "Fontina", "Gorgonzola" and "Munster"} shall not prevent the use in the territory of Canada of any of these indications by any persons, including their successors and assignees Footnote 3, who made commercial use of those indications with regard to products in the class of "cheeses" preceding the date of 18 October 2013.

3. Notwithstanding paragraphs 2 and 3 of Article 7.4, the protection of the geographical indication listed in Part A of Annex I and identified by two asterisks {note: Nürnberger Bratwürste} shall not prevent the use of this indication by any persons, including their successors and assignees, who made commercial use of this indication with regard to products in the class of "fresh, frozen and processed meats" for at least 5 years preceding the date of 18 October 2013. A transitional period of 5 years from the entry into force of this Article where the use of the indication above shall not be prevented shall apply to any other persons, including their successors and assignees, who made commercial use of those indications with regard to products in the class of "fresh, frozen and processed meats", for less than 5 years preceding the date of 18 October 2013.

4. Notwithstanding paragraphs 2 and 3 of Article 7.4, the protection of the geographical indications listed in Part A of Annex I and identified by three asterisks {note: "Jambon de Bayonne" and "Beaufort"} shall not prevent the use of those indications by any persons, including their successors and assignees, who made commercial use of those indications with regard to products in the classes of "Dry-cured meats" and "Cheeses", respectively, for at least 10 years preceding the date of 18 October 2013. A transitional period of 5 years from the entry into force of this Article where the use of the indications above shall not be prevented shall apply to any other persons, including their successors and assignees, who made commercial use of those indications with regard to products in the class of "Dry-cured meats" and "Cheeses", respectively, for less than 10 years preceding the date of 18 October 2013.

5. Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith, in a Party before the applicable date set out in paragraph6, measures adopted to implement this Article 7 in that Party shall not prejudice eligibility for or the validity of the registration of the trademark, or the right to use the trademark, on the basis that the trademark is identical with, or similar to, a geographical indication.

6. For the purposes of paragraph 5 the applicable date is

  • (a) in respect of a geographical indication listed in Annex I on the date of signing of this Agreement, the date of coming into force of this Article 7; or
  • (b) in respect of a geographical indication added to Annex I after the date of signing of this Agreement under Article 7.7, the date on which the geographical indication is added.

7. Where a translation of a geographical indication is identical with or contains within it a term customary in common language as the common name for a product in the territory of a Party, or where a geographical indication is not identical with but contains within it such a term, the provisions of this Article 7 shall in no way prejudice the right of any person to use that term in association with that product in the territory of that Party.

8. Nothing shall prevent the use in the territory of a Party, with respect to any product, of a customary name of a plant variety or an animal breed, existing in the territory of that Party as of the date of entry into force of this Article 7.

9. A Party may provide that any request made under this Article 7 in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or after the date of registration of the trademark in that Party provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Party, provided that the geographical indication is not used or registered in bad faith.

10. The provisions of this Article 7 shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.

11. (a) The provisions of this Article 7 shall in no way prejudice the right of any person to use, or to register in Canada a trademark containing or consisting of, any of the terms listed in Annex II (a).

  • (b) Paragraph (a) does not apply to the terms listed in Annex II (a) in respect of any use that would mislead the public as to the geographical origin of the goods.

12. The use in Canada of the terms listed in Annex II (b) shall not be subject to this Article 7 .

Article 7.7 - Amendments to Annex I

1. The Joint Committee, established by Article [...] , acting by consensus and on a recommendation by the CETA Committee on Geographical Indications, may decide to amend Annex I by adding geographical indications or by removing geographical indications which have ceased to be protected or have fallen into disuse in their place of origin.

2. A geographical indication shall not in principle be added to Part A of Annex I, if it is a name that on the date of signing of this Agreement is listed in the relevant Register of the European Union with a status of "Registered", in respect of a Member State of the European Union.

3. A geographical indication identifying a product originating in a particular Party shall not be added to Annex I

  • (a) if it is identical to a trademark that has been registered in the other Party in respect of the same or similar products, or to a trademark in respect of which in the other Party rights have been acquired through use in good faith and an application has been filed in respect of the same or similar products;
  • (b) if it is identical to the customary name of a plant variety or an animal breed existing in the other Party; or
  • (c) if it is identical with the term customary in common language as the common name for such product in the other Party.

Article 7.8 - Other protection

The provisions of this Article 7 are without prejudice to the right to seek recognition and protection of a geographical indication under the relevant legislation of the European Union or Canada.

Article 8 Designs

Article 8.1 - International Agreements

The Parties shall make all reasonable efforts to accede to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (1999).

Article 8.2 - Relationship to Copyright

The subject matter of a design right may be protected under copyright law if the conditions for such protection are met. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.

Article 9 Patents

Article 9.1 - International Agreements

The Parties shall make all reasonable efforts to comply with the Patent Law Treaty (Geneva, 2000).

Article 9.2 -Sui Generis protection for Pharmaceuticals

1. Definitions for the purposes of Article 9.2:

  • (a) 'Product' means the active ingredient or combination of active ingredients of a pharmaceutical product;
  • (b) 'Basic patent' means a patent which protects a product as such, a process to obtain a product or an application of a product.

2. Each Party shall provide a period of sui generis protection in respect of a product that is protected by a basic patent in force at the request of the holder of the patent or his successor in title, provided the following conditions have been met:

  • a) an authorization has been granted to place the product on the market of that Party as a pharmaceutical product;
  • b) the product has not already been the subject of a period of sui generis protection;
  • c) the authorisation referred to in paragraph (a) is the first authorisation to place the product on the market of that Party as a pharmaceutical product.

3. Each Party may:

  • a) provide a period of sui generis protection only if the first application for authorisation to place the product on their market as a pharmaceutical product is submitted within a reasonable time limit prescribed by that Party; and
  • b) prescribe a time limit of no less than 60 days from the date on which the first marketing authorisation was granted for the submission of the request for the period of sui generis protection. However, where the first marketing authorisation is granted before the patent is granted, the Parties will provide at least 60 days from the grant during which the application for a further period of protection under this Article may be submitted.

4. In the case where a product is protected by one patent, the period of sui generis protection shall take effect at the end of the lawful term of the patent.

In the case where a product is protected by more than one patent, a Party may provide for only a single period of sui generis protection that takes effect at the end of the lawful term of a single patent

  • a) in the case where all the patents are owned by the same person, selected by the person requesting the period of sui generis protection;
  • b) in the case where the patents are not owned by the same person and this gives rise to conflicting requests for the sui generis protection, selected by agreement between the patent holders.

Each Party shall provide that the period of sui generis protection shall be for a period equal to the period which elapsed between the date on which the application for a patent was filed and the date of the first authorisation to place the product on the market of that Party as a pharmaceutical product reduced by a period of five years.

Notwithstanding the previous paragraph, the duration of the sui generis protection may not exceed a period of two to five years, to be established by each Party. Footnote 4

Each Party may provide that the period of sui generis protection shall lapse:

  • a) if the sui generis protection is surrendered by the beneficiary;
  • b) if prescribed administrative fees are not paid.

Each Party may reduce the period of protection commensurate with any unjustified delays resulting from the inactions of the applicant after applying for the market authorisation, when the holder of the patent is the applicant for market authorisation or an entity related to it.

5. Within the limits of the protection conferred by the patent, the sui generis protection shall extend only to the pharmaceutical product covered by the authorisation to place that product on the market and for any use of that product as a pharmaceutical product that has been authorized before the expiry of the sui generis protection. Subject to the preceding sentence, the sui generis protection shall confer the same rights as conferred by the patent and shall be subject to the same limitations and obligations.

Notwithstanding paragraphs 1 through 4 of this Article, each Party may also limit the scope of the protection by providing exceptions for making, using, offering for sale, selling or importing of products for the purpose of export during the period of protection.

6. Each Party may revoke the protection on grounds relating to invalidity of the applicable patent, including if the basic applicable patent has lapsed before its lawful term expires or is revoked or limited to the extent that the product for which the protection was granted would no longer be protected by the claims of the basic patent, or on grounds relating to withdrawal of the appropriate authorisation or authorisations to place the product on their respective market, or if the protection was granted contrary to the provisions of paragraph 2.

Article 9 bis Patent Linkage Mechanisms Relating to Pharmaceutical Products

If a Party relies on "patent linkage" mechanisms whereby the granting of marketing authorisations (or notices of compliance or similar concepts) for generic pharmaceutical products is linked to the existence of patent protection, it shall ensure that all litigants are afforded equivalent and effective rights of appeal.

Article 10 Protection of undisclosed data relation to pharmaceutical products

1. If a Party requires, as a condition for approving the marketing of pharmaceutical products that utilize new chemical entities Footnote 5 , the submission of undisclosed test or other data necessary to determine whether the use of such products is safe and effective, the Party shall protect [EU: such data] against disclosure [CA: of the data of persons making such submissions], where the origination of such data involves considerable effort, except where the disclosure is necessary to protect the public or unless steps are taken to ensure that the data is protected against unfair commercial use.

2. Each Party shall provide that for data subject to paragraph 1 that are submitted to the Party after the date of entry into force of this Agreement:

  • a) no person other than the person that submitted them may, without the latter's permission, rely on such data in support of an application for [CA: product approval] [EU: marketing authorisation] during a period of not less than six years from the date on which the Party granted approval to the person that produced the data for approval to market its product, and
  • b) no Party shall grant [CA: product approval] EU: marketing authorisation] to any person who relies on such data during a period of not less than eight years from the date on which the Party granted [EU: authorisation] [CA: approval] to the person that produced the data for [EU: authorisation] [CA: approval] to market its product, unless the person or entity who produced this data provides its permission.

Subject to this provision, there shall be no limitation on any Party to implement abbreviated [EU: authorisation] [CA: approval] procedures for such products on the basis of bioequivalence and bioavailability studies.

Article 11 Data Protection on Plant Protection Products

1. The Parties shall determine safety and efficacy requirements before authorising the placing on the market of plant protection products.

2. The Parties shall recognise a temporary right to the owner of a test or study report submitted for the first time to achieve a marketing authorisation for a plant protection product.

During such period, the test or study report will not be used for the benefit of any other person aiming to achieve a marketing authorisation for plant protection product, except when the explicit consent of the first owner is proved. This right will be hereinafter referred as data protection.

3. The test or study report should be necessary for the authorisation or for an amendment of an authorisation in order to allow the use on other crops.

4. The period of data protection shall be at least ten years starting at the date of the first authorisation in that Party with respect to data supporting the authorisation of a new active ingredient and data supporting the concurrent registration of the end-use product containing the active ingredient. The duration of protection may be extended in order to encourage the authorisation of low-risk plant protection products and minor uses.

5. The Parties may also establish data protection requirements or financial compensation requirements for data supporting the amendment or renewal of an authorisation.

6. Each of the Parties shall establish rules to avoid duplicative testing on vertebrate animals. Any applicant intending to perform tests and studies involving vertebrate animals should be encouraged to take the necessary measures to verify that those tests and studies have not already been performed or initiated.

7. The new applicant and the holder or holders of the relevant authorisations should be encouraged to make every effort to ensure that they share tests and studies involving vertebrate animals. The costs of sharing the test and study reports shall be determined in a fair, transparent and non-discriminatory way. The prospective applicant is only required to share in the costs of information he is required to submit to meet the authorisation requirements.

8. The holder or holders of the relevant authorisation shall have a claim on the prospective applicant for a fair share of the costs incurred by him. The Party may direct the parties involved to resolve the matter by formal and binding arbitration administered under national law.

Article 12 Plant Varieties

The Parties shall co-operate to promote and reinforce the protection of plant varieties based on the International Convention for the Protection of New Varieties of Plants (UPOV).

Section 3 Enforcement of Intellectual Property Rights

Article 13 General Obligations

1. The Parties shall ensure that any procedures for the enforcement of intellectual property rights are fair and equitable, and are not unnecessarily complicated or costly, nor entail unreasonable time-limits or unwarranted delays. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

2. In implementing the provisions of this Sub-Section, each Party shall take into account the need for proportionality between the seriousness of the infringement, the interests of third parties, and the applicable measures, remedies and penalties.

3. Articles 14 to 23 relate to civil enforcement.

4. For the purposes of Articles 14 to 23, unless otherwise mentioned, "intellectual property rights" means all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Article 14 Entitled Applicants

The Parties shall recognise as persons entitled to seek application of the procedures and remedies referred to in Articles 15 to 23:

  • (a) the holders of intellectual property rights in accordance with the provisions of the applicable domestic law,
  • (b) all other persons authorised to use those rights, if such persons are entitled to seek relief in accordance with the provisions of the applicable domestic law,
  • (c) intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, if such bodies are entitled to seek relief in accordance with the provisions of the applicable domestic law,
  • (d) professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, if such bodies are entitled to seek relief in accordance with the provisions of the applicable domestic law.

Article 15 Evidence

Each Party shall ensure that, in the case of an alleged infringement of an intellectual property right committed on a commercial scale, the judicial authorities shall have the authority to order, where appropriate and following an application, the production of relevant information, as provided for in the Party's domestic law, including banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

Article 16 Measures for Preserving Evidence

1. The Parties shall ensure that, even before the commencement of proceedings on the merits of the case, the judicial authorities may, on application by an entity who has presented reasonably available evidence to support its claims that its intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

2. Each Party may provide that such measures include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto. The judicial authorities shall have the authority to take those measures, if necessary without the other party being heard, in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

Article 17 Right of Information

Without prejudice to its law governing privilege, the protection of confidentiality of information sources or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority, upon a justified request of the right holder, to order the infringer or the alleged infringer, to provide to the right holder or to the judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.

Article 18 Provisional and Precautionary Measures

1. Each Party shall provide that its judicial authorities shall have the authority to order prompt and effective provisional and precautionary measures, including an interlocutory injunction, against a party, or where appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction, to prevent an infringement of an intellectual property right from occurring, and in particular, to prevent infringing goods from entering the channels of commerce.

2. Each Party shall provide that its judicial authorities have the authority to order the seizure or other taking into custody of the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within the channels of commerce.

3. Each Party shall provide that, in the case of an alleged infringement of an intellectual property right committed on a commercial scale, the judicial authorities may order, in accordance with domestic law, the precautionary seizure of property of the alleged infringer, including the blocking of its bank accounts and other assets. To that end, the judicial authorities may order the communication of relevant bank, financial or commercial documents, or access to other relevant information, as appropriate.

Article 19 Other remedies

1. The Parties shall ensure that the judicial authorities may order, at the request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the definitive removal from the channels of commerce, or the destruction, of goods that they have found to be infringing an intellectual property right. The Parties shall ensure that the judicial authorities may order, if appropriate, destruction of materials and implements predominantly used in the creation or manufacture of those goods. In considering a request for such remedies, the need for proportionality between the seriousness of the infringement and the remedies ordered, as well as the interests of third parties, shall be taken into account.

2. The Parties shall ensure that the judicial authorities have the authority to order that those remedies shall be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

Article 20 Injunctions

1. Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority to issue an order against a party to desist from an infringement, and inter alia, an order to that party, or, where appropriate, to a third party over whom the relevant judicial authority exercises jurisdiction, to prevent infringing goods from entering into the channels of commerce.

2. Notwithstanding the other provisions of this Section, a Party may limit the remedies available against use by government, or by third parties authorized by government, without the use of authorization of the right holders to the payment of remuneration provided that the Party complies with the provisions of Part II of the TRIPS Agreement specifically addressing such use. In other cases, the remedies under this Section shall apply or, where these remedies are inconsistent with a Party's law, declaratory judgments and adequate compensation shall be available.

Article 21 Damages

1. Each Party shall provide that:

  • (a) in civil judicial proceedings, its judicial authorities shall have the authority to order the infringer who knowingly or with reasonable grounds to know, engaged in infringing activity of intellectual property rights to pay the right holder:
    • (i) damages adequate to compensate for the injury the right holder has suffered as a result of the infringement; or
    • (ii) the profits of the infringer that are attributable to the infringement, which may be presumed to be the amount of damages referred to in paragraph (i);
  • (b) in determining the amount of damages for infringements of intellectual property rights, its judicial authorities may consider, inter alia, any legitimate measure of value that may be submitted by the right holder, including lost profits.

2. As an alternative to the previous paragraph, a Party's law may provide for payment of remuneration, such as a royalty or fee, to compensate a right holder for the unauthorized use of its intellectual property.

Article 22 Legal Costs

Each Party shall provide that its judicial authorities, where appropriate, shall have the authority to order, at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property rights, that the prevailing party be awarded payment by the losing party of legal costs and other expenses, as provided for under that Party's law.

Article 23 Presumption of Authorship or Ownership

For the purposes of civil proceedings involving copyright or related rights,

  • (a) for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his/her name to appear on the work in the usual manner. Proof to the contrary may include registration;
  • (b) the provisions under (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

Section 4 Border Measures

Article 24 Border Measures Footnote 6

Article 24.1 - Scope of Border Measures

1. The references to the infringement of intellectual property rights in this Article shall be interpreted as referring to instances of counterfeit trademark goods, pirated copyright goods or counterfeit geographical indication goods. For the purposes of this paragraph, the following definitions shall apply:

"pirated copyright goods" means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party in which the border measure procedures are applied;

"counterfeit trademark goods" means any goods, including packaging, bearing, without authorization, a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which infringes the rights of the owner of the trademark in question under the law of the Party in which the border measures procedures are applied.

"counterfeit geographical indication goods" means any goods under Article 7.2 falling within one of the product classes listed in Annex III, including packaging, bearing without authorization, a geographical indication which is identical to the geographical indication validly registered or otherwise protected in respect of such goods and which infringes the rights of the owner or right holder of the geographical indication in question under the law of the Party in which the border measures procedures are applied;

2. Each Party shall adopt or maintain procedures with respect to import and export shipments under which a right holder may request its competent authorities to suspend the release of, or detain goods suspected of infringing an intellectual property right.

3. Each Party shall adopt or maintain procedures with respect to import and export shipments under which its competent authorities may act on their own initiative to temporarily suspend the release of , or detain goods suspected of infringing an intellectual property right to provide a right holder an opportunity to formally request assistance under paragraph 2.

4. Either Party may enter into an arrangement with one or more third parties to establish common security customs clearance procedures. Goods cleared pursuant to the terms of the common customs procedures of such an arrangement shall be deemed to be in compliance with paragraphs 2 and 3, provided the Party concerned retains the legal authority to comply with these paragraphs.

5. Each Party may adopt or maintain the procedures referred to in paragraphs 2 and 3 with respect to transhipments and shipments in customs transit.

6. Each Party may exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage or small quantities of goods of a non-commercial nature sent in small consignments.

7. For the purposes of this Article:

  • (a) "Import shipments" means shipments of goods brought into the territory of a Party from a place outside that territory, while those goods remain under customs control. This definition includes goods brought into the territory to a free zone or customs warehouse, but excludes shipments in customs transit and transhipments.
  • (b) "Shipments in customs transit" means shipments of goods that enter the territory of a Party from a place outside that territory and are authorized by customs authorities for transport under continuous customs control from an office of entry to an office of exit, for the purpose of exiting the territory. Shipments in customs transit that are subsequently approved for removal from customs control without exiting the territory are considered to be import shipments.
  • (c) "Transhipments" means shipments of goods that are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one Customs office which is the office of both importation and exportation.
  • (d) "Export shipments" means shipments of goods which are to be taken from the territory of a Party to a place outside that territory, excluding shipments in customs transit and transhipments.

Article 24.2 - Application by the Right Holder

1. Each Party shall provide that its competent authorities require a right holder that requests the procedures described in Article 24.1 to provide adequate evidence to satisfy the competent authorities that, under the law of the Party providing the procedures, there is prima facie an infringement of the right holder's intellectual property right, and to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspect goods reasonably recognisable by the competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to the procedures described in Article 24.1.

2. Each Party shall provide for applications to suspend the release of, or to detain goods Footnote 7 suspected of infringing an IPR listed Article 24.1, under customs control in its territory. The competent authorities may provide for such applications to apply to multiple shipments. Each Party may provide that, at the request of the right holder, the application to suspend the release of, or to detain suspect goods may apply to selected points of entry and exit under customs control.

3. Each Party shall ensure that its competent authorities inform the applicant within a reasonable period whether they have accepted the application. Where its competent authorities have accepted the application, they shall also inform the applicant of the period of validity of the application.

4. A Party may provide that, where the applicant has abused the procedures described in Article 24.1, or where there is due cause, its competent authorities have the authority to deny, suspend, or void an application.

Article 24.3 - Provision of Information from the Right Holder

Each Party shall permit its competent authorities to request a right holder to supply relevant information that may reasonably be expected to be within the right holder's knowledge to assist the competent authorities in taking the border measures referred to in this Article. Each Party may also allow a right holder to supply such information to its competent authorities.

Article 24.4 - Security or Equivalent Assurance

Each Party shall provide that its competent authorities have the authority to require a right holder that requests the procedures described in Article 24.1 to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Each Party shall provide that such security or equivalent assurance shall not unreasonably deter recourse to these procedures.

A Party may provide that such security may be in the form of a bond conditioned to hold the defendant harmless from any loss or damage resulting from any suspension of the release of, or detention of, the goods in the event the competent authorities determine that the goods are not infringing. A Party may, only in exceptional circumstances or pursuant to a judicial order, permit the defendant to obtain possession of suspect goods by posting a bond or other security.

Article 24.5 - Determination as to Infringement

Each Party shall adopt or maintain procedures by which its competent authorities may determine, within a reasonable period after the initiation of the procedures described in Article 24.1, whether the suspect goods infringe an intellectual property right.

Article 24.6 - Remedies

1. Each Party shall provide that its competent authorities have the authority to order the destruction of goods following a determination referred to in Article 24.5 that the goods are infringing. In cases where such goods are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder.

2. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.

3. Each Party may provide that its competent authorities have the authority to impose administrative penalties following a determination referred to in Article 24.5 that the goods are infringing.

Article 24.7 - Specific cooperation in the area of border measures

1. The Parties agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights. For this purpose, they shall establish contact points in their administrations and be ready to exchange information on trade in infringing goods. They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in goods infringing intellectual property rights.

2. Such cooperation may include exchanges of information regarding mechanisms for receiving information from rights holders, best practices, and experiences with risk management strategies, as well as information to aid in the identification of shipments suspected of containing infringing goods.

3. Cooperation under this Article 24 shall be conducted consistent with relevant international agreements. The Committee referred to in Article [X] 'The Joint Customs Cooperation Committee' in Chapter [X] 'Customs and Trade Facilitation' will set the priorities and provide for the adequate procedures for cooperation under this Article 24 between the competent authorities.

Section 5 Co-operation

Article 25 Co-operation

1. The Parties agree to co-operate with a view to supporting implementation of the commitments and obligations undertaken under this chapter. Areas of co-operation include exchanges of information or experience on the following:

  • (a) protection and enforcement of intellectual property rights, including geographical indications;
  • (b) establishment of arrangements between their respective collecting societies.

2. Without prejudice and as a complement to paragraph 1, the European Union and Canada agree to establish and maintain an effective dialogue on intellectual property issues to address topics relevant to the protection and enforcement of intellectual property rights covered by this Chapter, and any other relevant issue.

Annex I - Part A

Geographical Indications Identifying a Product Originating in the European Union
IndicationTransliteration (For information purposes only)Product ClassPlace of Origin (Territory, Region or Locality)
České pivoBeerCzech Republic
Žatecký ChmelHopsCzech Republic
Bayerisches BierBeerGermany
Münchener BierBeerGermany
Hopfen aus der HallertauHopsGermany
Nürnberger Bratwürste**Fresh, Frozen and Processed meatsGermany
Nürnberger RostbratwürsteFresh, Frozen and Processed meatsGermany
Schwarzwälder SchinkenFresh, Frozen and Processed meatsGermany
Aachener PrintenConfectionery and Baked ProductsGermany
Nürnberger LebkuchenConfectionery and Baked ProductsGermany
Lübecker MarzipanConfectionery and Baked ProductsGermany
Bremer KlabenConfectionery and Baked ProductsGermany
Hessicher HandkäseCheeseGermany
Hessicher HandkäsCheeseGermany
Terttnanger HopfenHopsGermany
Spreewälder GurkenFresh and processed vegetable productsGermany
DanabluCheeseDenmark
Ελιά ΚαλαμάταςElia KalamatasTable and processed olivesGreece
Μαστίχα ΧίουMasticha ChiouConfectionery and Baked ProductsGreece
Φέτα*FetaCheeseGreece
Ελαιόλαδο ΚαλαμάταςKalamata olive oilOils and animal fatsGreece
Ελαιόλαδο Κολυμβάρι Χανίων ΚρήτηςKolymvari Chanion Kritis Olive OilOils and animal fatsGreece
Ελαιόλαδο Σητείας Λασιθίου ΚρήτηςSitia Lasithiou Kritis Olive oilOils and animal fatsGreece
Ελαιόλαδο ΛακωνίαOlive Oil LakoniaOils and animal fatsGreece
Κρόκος ΚοζάνηςKrokos KozanisSpicesGreece
ΚεφαλογραβιέραKefalogravieraCheesesGreece
Γραβιέρα ΚρήτηςGraviera KritisCheesesGreece
Γραβιέρα ΝάξουGraviera NaxouCheesesGreece
ΜανούριManouriCheesesGreece
ΚασέριKasseriCheesesGreece
Φασόλια Γίγαντες Ελέφαντες ΚαστοριάςFassolia Gigantes Elefantes KastoriasFresh and processed vegetable productsGreece
Φασόλια Γίγαντες Ελέφαντες ΠρεσπώνFassolia Gigantes Elefantes Prespon FlorinasFresh and processed vegetable productsGreece
Κονσερβολιά ΑμφίσσηςKonservolia AmfissisTable and Processed olivesGreece
Λουκούμι ΓεροσκήπουLoukoumi GeroskipouConfectionery and baked productsCyprus
BaenaOils and animal fatsSpain
Sierra MáginaOils and animal fatsSpain
Aceite del Baix Ebre-MontsíaOils and animal fatsSpain
Oli del Baix Ebre-MontsíaOils and animal fatsSpain
Aceite del Bajo AragónOils and animal fatsSpain
AntequeraOils and animal fatsSpain
Priego de CórdobaOils and animal fatsSpain
Sierra de CádizOils and animal fatsSpain
Sierra de SeguraOils and animal fatsSpain
Sierra de CazorlaOils and animal fatsSpain
SiuranaOils and animal fatsSpain
Aceite de Terra AltaOils and animal fatsSpain
Oli de Terra AltaOils and animal fatsSpain
Les GarriguesOils and animal fatsSpain
EstepaOils and animal fatsSpain
GuijueloFresh, Frozen and Processed meatsSpain
Jamón de HuelvaFresh, Frozen and Processed meatsSpain
Jamón de TeruelFresh, Frozen and Processed meatsSpain
Salchichón de VicFresh, Frozen and Processed meatsSpain
Llonganissa de VicFresh, Frozen and Processed meatsSpain
Mahón-MenorcaCheesesSpain
Queso ManchegoCheesesSpain
Cítricos ValencianosFresh and processed fruits and nutsSpain
Cîtrics ValanciansFresh and processed fruits and nutsSpain
JijonaConfectionery and Baked ProductsSpain
Turrón de AlicanteConfectionery and Baked ProductsSpain
Azafrán de la ManchaSpicesSpain
ComtéCheesesFrance
ReblochonCheesesFrance
Reblochon de SavoieCheesesFrance
RoquefortCheesesFrance
Camembert de NormandieCheesesFrance
Brie de MeauxCheesesFrance
Emmental de SavoieCheesesFrance
Pruneaux d'AgenFresh and processed fruits and nutsFrance
Pruneaux d'Agen mi-cuitsFresh and processed fruits and nutsFrance
Huîtres de Marennes-OléronFresh, Frozen and processed fish productsFrance
Canards à foie gras du Sud-Ouest : ChalosseFresh, Frozen and Processed meatsFrance
Canards à foie gras du Sud-Ouest: GascogneFresh, Frozen and Processed meatsFrance
Canards à foie gras du Sud-Ouest : GersFresh, Frozen and Processed meatsFrance
Canards à foie gras du Sud-Ouest : LandesFresh, Frozen and Processed meatsFrance
Canards à foie gras du Sud-Ouest : PérigordFresh, Frozen and Processed meatsFrance
Canards à foie gras du Sud-Ouest : QuercyFresh, Frozen and Processed meatsFrance
Jambon de Bayonne***Dry-cured meatsFrance
Huile d'olive de Haute-ProvenceOils and animal fatsFrance
Huile essentielle de lavande de Haute-ProvenceEssential oilsFrance
MorbierCheesesFrance
EpoissesCheesesFrance
Beaufort***CheesesFrance
MaroillesCheesesFrance
MarollesCheesesFrance
Munster *CheesesFrance
Munster GéroméCheesesFrance
Fourme d’AmbertCheesesFrance
AbondanceCheesesFrance
Bleu d’AuvergneCheesesFrance
LivarotCheesesFrance
CantalCheesesFrance
Fourme de CantalCheesesFrance
CantaletCheesesFrance
Petit CantalCheesesFrance
Tomme de SavoieCheesesFrance
Pont - L'EvêqueCheesesFrance
NeufchâtelCheesesFrance
Chabichou du PoitouCheesesFrance
Crottin de ChavignolCheesesFrance
Saint-NectaireCheesesFrance
Piment d’EspeletteSpicesFrance
Lentille verte du PuyFresh and processed vegetable productsFrance
Aceto balsamico Tradizionale di ModenaVinegarItaly
Aceto balsamico di ModenaVinegarItaly
Cotechino ModenaFresh, Frozen and Processed meatsItaly
Zampone ModenaFresh, Frozen and Processed meatsItaly
Bresaola della ValtellinaFresh, Frozen and Processed meatsItaly
Mortadella BolognaFresh, Frozen and Processed meatsItaly
Prosciutto di ParmaDry-cured meatsItaly
Prosciutto di S. DanieleDry-cured meatsItaly
Prosciutto ToscanoDry-cured meatsItaly
Prosciutto di ModenaDry-cured meatsItaly
Provolone ValpadanaCheesesItaly
TaleggioCheesesItaly
Asiago*CheesesItaly
Fontina*CheesesItaly
Gorgonzola*CheesesItaly
Grana PadanoCheesesItaly
Mozzarella di Bufala CampanaCheesesItaly
Parmigiano ReggianoCheesesItaly
Pecorino RomanoCheesesItaly
Pecorino SardoCheesesItaly
Pecorino ToscanoCheesesItaly
Arancia Rossa di SiciliaFresh and processed fruits and nutsItaly
Cappero di PantelleriaFresh and processed fruits and nutsItaly
Kiwi LatinaFresh and processed fruits and nutsItaly
Lenticchia di Castelluccio di NorciaFresh and processed vegetable productsItaly
Mela Alto AdigeFresh and processed fruits and nutsItaly
Südtiroler apfelFresh and processed fruits and nutsItaly
Pesca e nettarina di RomagnaFresh and processed fruits and nutsItaly
Pomodoro di PachinoFresh and processed vegetable productsItaly
Radicchio Rosso di TrevisoFresh and processed vegetable productsItaly
Ricciarelli di SienaConfectionery and Baked ProductsItaly
Riso Nano Vialone VeroneseCerealsItaly
Speck Alto AdigeFresh, Frozen and Processed meatsItaly
Südtiroler MarkenspeckFresh, Frozen and Processed meatsItaly
Südtiroler SpeckFresh, Frozen and Processed meatsItaly
Veneto ValpolicellaOils and animal fatsItaly
Veneto Euganei e BericiOils and animal fatsItaly
Veneto del GrappaOils and animal fatsItaly
Culatello di ZibelloFresh, Frozen and Processed meatsItaly
GardaFresh, Frozen and Processed meatsItaly
Lardo di ColonnataFresh, Frozen and Processed meatsItaly
Szegedi téliszalámiFresh, Frozen and Processed meatsHungary
Szegedi szalámiFresh, Frozen and Processed meatsHungary
Tiroler SpeckFresh, Frozen and Processed meatsAustria
Steirischer KrenFresh and processed vegetable productsAustria
Steirisches KürbiskernölOilseedsAustria
Queijo S. JorgeCheesesPortugal
Azeite de MouraOils and animal fatsPortugal
Azeites de Trás-os-MontesOils and animal fatsPortugal
Azeite do Alentejo InteriorOils and animal fatsPortugal
Azeites da Beira InteriorOils and animal fatsPortugal
Azeites do Norte AlentejanoOils and animal fatsPortugal
Azeites do RibatejoOils and animal fatsPortugal
Pêra Rocha do OesteFresh and processed fruits and nutsPortugal
Ameixa d'ElvasFresh and processed fruits and nutsPortugal
Ananás dos Açores / S. MiguelFresh and processed fruits and nutsPortugal
Chouriça de carne de VinhaisFresh, Frozen and Processed meatsPortugal
Linguiça de VinhaisFresh, Frozen and Processed meatsPortugal
Chouriço de PortalegreFresh, Frozen and Processed meats
Presunto de BarrancosFresh, Frozen and Processed meatsPortugal
Queijo Serra da EstrelaOils and animal fatsPortugal
Queijos da Beira BaixaOils and animal fatsPortugal
Queijo de Castelo BrancoOils and animal fatsPortugal
Queijo Amarelo da Beira BaixaCheesesPortugal
Queijo Picante da Beira BaixaCheesesPortugal
Salpicão de VinhaisFresh, Frozen and Processed meatsPortugal
Gouda HollandCheesesNetherlands
Edam HollandCheesesNetherlands
Kalix LöjromFresh, frozen and processed fish productsSweden
Magiun de prune TopoloveniFresh and processed fruits and nutsRomania

Part B

Geographical Indications Identifying a Product Originating in Canada
IndicationTransliteration (For information purposes only)Product ClassPlace of Origin (Territory, Region or Locality)
 

  
    
    

Annex II (a)

Valencia Orange
Orange Valencia
Valencia

Black Forest Ham
Jambon Forêt Noire

Tiroler Bacon Footnote 8
Bacon TirolerFootnote 1

Parmesan

Bavarian Beer
Bière Bavaroise

Munich Beer
Bière Munich

St. George Cheese
Fromage St-George[s]

Annex II(b)

The term "comté" in association with food products when used to refer to a county (for example "Comté du Prince-Edouard"; "Prince Edward County"; "Comté de Prescott-Russell"; "Prescott-Russell County").

The term "Beaufort" in association with cheese products, produced in the proximity of the geographical place called "Beaufort range", Vancouver Island, British Columbia.

Annex III - Product classes

  • 1. "fresh, frozen and processed meats" means products falling under Chapter 2 and heading 16.01 or 16.02 of the Harmonized System.
  • 2. "dry-cured meats" means dry cured meat products falling under Chapter 2 and heading 16.01 or 16.02 of the Harmonized System.
  • 3. "hops" means products falling under heading 12.10 of the Harmonized System;
  • 4. "fresh, frozen and processed fish products" means products falling under Chapter 3 and heading 16.03, 16.04 or 16.05 of the Harmonized System;
  • 5. "butter" means products falling under heading 04.05 of the Harmonized System;
  • 6. "cheeses" means products falling under heading 04.06 of the Harmonized System;
  • 7. "fresh and processed vegetable products" means products containing vegetables falling under Chapter 7 and Chapter 20 of the Harmonized System;
  • 8. "fresh and processed fruits and nuts" means products containing fruits falling under Chapter 8 and 20 of the Harmonized System;
  • 9. "spices" means products falling under Chapter 9 of the Harmonized System;
  • 10. "cereals" means products falling under Chapter 10 of the Harmonized System;
  • 11. "products of the milling industry" means products falling under Chapter 11 of the Harmonized System;
  • 12. "oilseeds" means products falling under Chapter 12 of the Harmonized System;
  • 13. "beverages from plant extracts" means products falling under heading 13.02 of the Harmonized System;
  • 14. "oils and animal fats" means products falling under Chapter 15 of the Harmonized System;
  • 15. "confectionery and baked products" means products falling under heading 17.04, 18.06, 19.04, or 19.05 of the Harmonized System;
  • 16. "pasta" means products falling under heading 19.02 of the Harmonized System;
  • 17. "table and processed olives" means products falling under heading 20.01 or 20.05 of the Harmonized System;
  • 18. "mustard paste" means products falling under sub-heading 2103.30 of the Harmonized System;
  • 19. "beer" means products falling under heading 22.03 of the Harmonized System;
  • 20. "vinegar" means products falling under heading 22.09 of the Harmonized System;
  • 21. "essential oils" means products falling under heading 33.01 of the Harmonized System.

Footnotes

Footnote 1

For the purposes of this Article, technological measures means any technology, device, or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works, performances, or phonograms, which are not authorized by authors, performers or producers of phonograms, as provided for by a Party’s law. Without prejudice to the scope of copyright or related rights contained in a Party’s law, technological measures shall be deemed effective where the use of protected works, performances, or phonograms is controlled by authors, performers or producers of phonograms through the application of a relevant access control or protection process, such as encryption or scrambling, or a copy control mechanism, which achieves the objective of protection.

Return to footnote 1 referrer

Footnote 2

For the purposes of this Article, rights management information means:
(a) information that identifies the work, the performance, or the phonogram; the author of the work, the performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance, or phonogram;
(b) information about the terms and conditions of use of the work, performance, or phonogram; or
(c) any numbers or codes that represent the information described in (a) and (b) above;
when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or making available of a work, performance, or phonogram to the public.

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Footnote 3

The notion of "assignment" under Article X.6 excludes any transfer of the right to use a geographical indication on its own.

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Footnote 4

This is without prejudice to a possible extension to incentivise or reward research in certain target populations, such as children, if provided for by either Party.

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Footnote 5

For greater certainty, with respect to data protection a chemical entity in Canada includes a biologic or radiopharmaceutical which is regulated as a new drug under the Food and Drug Regulations.

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Footnote 6

It is understood that there shall be no obligation to apply the procedures set forth in this Section to goods put on the market in another country by or with the consent of the right holder.

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Footnote 7

The requirement to provide for such applications is subject to the obligations to provide procedures referred to in subparagraphs 24.1(2) and 24.1(3).

Return to footnote 7 referrer

Footnote 8

Use of spelling variations in English or French to be permitted, including Tyrol, Tiroler, Tyroler, Tirolien

Return to footnote 8 referrer

Disclaimer:

The complete text of the CETA agreement is presented here for information purposes. The text presented in this document is as it stands at the end of the negotiations between Canada and the EU. It will be subject to legal review, a process that will also involve formatting. Subsequent to the legal review and formatting, the complete text will become binding upon the completion of the ratification process by both Canada and the EU.