Bill C-4 – entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States" – has received royal assent from the governor general (for further details please see "USMCA amendments: implications for Canadian IP law" and "Government introduces Bill C-4 to implement USMCA's required changes").
The legislation passed on the eve of Parliament's suspension until 20 April 2020 due to the COVID-19 outbreak. The third reading of the bill in the House of Commons, the three required readings in the Senate and royal assent all occurred on 13 March 2020.
The provisions of Bill C-4 that are relevant to intellectual property will come into force on a day to be determined by order of the governor in council.
The US-Mexico-Canada Agreement (USMCA) will replace the North American Free Trade Agreement and require numerous changes to Canada's IP laws, including the following:
- A patent term adjustment procedure will be introduced to compensate for Patent Office delays in issuing a patent. Canada must implement its obligations under this provision within four-and-a-half years of the USMCA's entry into force.
- The copyright term will be increased from life of the author plus 50 years to life of the author plus 70 years. Canada must comply with this requirement within two-and-a-half years of the USMCA's entry into force.
- Suspected counterfeit goods that are in transit (ie, travelling through but not destined for Canada) will become susceptible to detention at the border.(1)
Endnotes
(1) For further information on Bill C-4 and the USMCA, please see "A Step Towards Canadian Ratification of NAFTA 2.1".
