Intellectual Property Chapter

Canadians produce innovative ideas that become products and technologies that change the way we live. For example, Canadians have played key roles in the development of medical breakthroughs, radar, television, smartphones and nanotechnology—technology that people everywhere now rely on daily. Canadian innovations, artistic works and brands need protection so that their innovators and creators can enjoy the fruits of their labour and be encouraged to keep on innovating. A strong and effective regime to support intellectual property (IP) rights is important for Canada’s growing knowledge-based economy and helps to foster competitiveness, innovation and creativity, and attract investment.

The TPP sets a strong regional standard for the protection and enforcement of IP rights. This will give Canadian businesses and investors confidence that they will face the same set of rules across all TPP markets. At the same time, Canada recognizes the importance of ensuring that its IP regime balances the interests of both rights holders and users to achieve its broader public policy objectives in the interest of all Canadians.

Technical Summary of Negotiated Outcomes: Intellectual Property Chapter

  • Cooperation
    • Facilitates cooperation between the Parties in the areas of IP covered by the Chapter, for example, by way of coordination, training, and exchange of information between the intellectual property offices of the Parties, as well as cooperation on traditional knowledge.
  • Copyright
    • Provides protection and enforcement of copyrights and related rights, reflecting or building upon the World Intellectual Property Organization Internet Treaties. Canada ratified the Internet Treaties in 2014.
    • Reflects key aspects of Canada’s regime, including:
      • Canada’s Notice-and-Notice regime regarding Internet service providers’ role in addressing online copyright infringement;
      • protection and enforcement to prevent the circumvention of technological protection measures and the removal of rights management information; and
      • Canada’s copyright exceptions and limitations framework.
  • Enforcement
    • Ensures strong and robust rules for the civil, criminal and border enforcement of IP rights;
    • Includes appropriate remedies to combat trade in counterfeit and pirated goods in line with Canada’s Combating Counterfeit Products Act;
    • Includes comprehensive civil procedures and remedies available to rights holders;
    • Requires TPP Parties to criminalize commercial-scale counterfeit and piracy activities;
    • Contains border enforcement measures including:
      • requirements for border officials to work with rights holders; and
      • legal authority and discretion for border officers to detain suspected counterfeit or pirated goods in a manner consistent with Canadian law.
    • Enables right holders to seek redress where their rights have been violated across the TPP region. This provides greater certainty regarding the enforceability of their IP rights.
  • Geographical indications
    • Includes rules to promote transparent and fair administrative systems for the protection of geographical indications.
      • These include rules on opposition to and cancellation of future geographical indications.
  • Industrial designs
    • Protects industrial designs against unauthorized use; and
    • Is in line with Canada’s regime and supports our efforts to make Canada’s legal framework consistent with the Hague Agreement.
  • Patents
    • Ensures patent protection for inventions in all fields of technology;
    • Promotes transparent and efficient patent administration systems;
    • Is in line with Canada’s current regime including criteria regarding patentability exclusion; and
    • Ensures that exceptions under the World Trade Organization (WTO) Doha Declaration on Trade-Related Aspects of Intellectual Property Rights (TRIPS) continue to be available in line with Canada’s current laws.
  • Pharmaceuticals
    • Reflects Canada’s existing regimes, systems and laws on:
      • Patent linkage;
      • Protection for clinical trial data; and
      • Early working exceptions.
    • In line with outcomes secured in the Canada-EU Comprehensive Trade and Economic Agreement (CETA), Canada has retained the scope to meet its TPP obligations for patent term restoration for regulatory approval delays with a sui generis system. The TPP provision will have the necessary flexibility to allow Canada to retain its export exception and two year cap on additional protection.
    • The TPP includes a strong regulatory review exception, reflecting Canada’s existing regime with respect to the availability of an early working exception. This will help ensure that generic drugs can continue to be introduced as soon as is practicable after the expiry of a patent across the region, as is the case now.
    • As with other areas in the TPP, Parties have retained the flexibility to determine the best means of implementing the patent linkage obligations within their domestic regimes. Canada’s existing linkage regime is TPP compliant.
  • Public health concerns
    • Recognizes the importance of TRIPS and Public Health.
    • Commits TPP countries to become a Party to a number of International IP agreements that Canada is either already a party to, or in respect of which Canada is in the process of making its legal framework consistent.
  • Satellite and cable signals
    • Ensures that the protection and enforcement of encrypted satellite and cable signals will be consistent across the TPP region.
  • Trademarks
    • Provides protection against infringing use of trademarks, such as brand names and symbols;
    • Fosters transparent and efficient rules and procedures across the TPP region;
    • Is in line with Canada’s existing regime; and
    • Supports Canada’s progress to accede to the Madrid Protocol and Nice Agreement.
  • Canada has the flexibility to determine the best means of implementing these provisions within its own IP regime.