Canada: CETA Summary Tabled In House Of Commons

A more detailed outline of the Comprehensive Economic and Trade Agreement (CETA) in principle – the Technical Summary of the Negotiated Outcomes: The Canada-EU Comprehensive Economic and Trade Agreement – was tabled by the Canadian Government on October 29, 2013 in the Canadian House of Commons. The detailed outline provides additional insight into the changes that Canada has committed to make to its intellectual property laws.


CETA represents significant gains for innovative pharmaceutical companies. The changes are discussed in more detail at:

Geographical Indications

Under CETA, Canada will commit to expand the scope and number of protected Geographical Indications (GIs are signs, similar to trademarks, used to indicate that a product comes from a particular geographical region, imbuing the product with certain qualities, characteristics, and reputations), and extend limited protection to others. Currently, Canadian trademark law only protects GIs in relation to certain specified wines and spirits (sections 12(1)(g) and (h)). This has caused some friction with the EU, which protects hundreds of GIs for a variety of products and has been prevented from using certain GI designations on labels in Canada, such as Prosciutto di Parma.

With CETA, Canada will extend GI protection to certain meats and cheeses, including Chabichou du Poitou, Grana Padano, Roquefort, Elia Kalamatas Olives, Aceto balsamico di Modena, Prosciutto di Parma, and Prosciutto di San Daniele. GI protection will not cover Valencia orange, Tiroler bacon, Parmesan, Bavarian beer, or Munich beer. The changes to the GI laws will not affect trademarks containing GIs that are already on the Canadian trademarks Register.

Canada has negotiated limited protection for other GIs. First, to preserve the ability to use what have become common words used by Canadians to identify types of food, Canada will grant GI protection to certain food names in their native language, but not as translated into English or French. For example, Black Forest Ham will be acceptable as a generic term, but the German-language Schwarzwaelder Schinken will not. Canada will also extend limited protection to Asiago, feta, fontina, Gorgonzola and Munster cheeses, allowing continued use on packages where these names already appear, and allowing future use of these names if combined with terms like "kind," "type," style," or "imitation." Further, Canada will permit use of components of multi-part terms, such as "Brie" (but not "Brie de Meaux"), "Gouda" (but not "Gouda Holland"), "Edam" (but not "Edam Holland"), and "Mortadella" and "bologna" (but not "Mortadella Bologna" in combination). Last, Canada negotiated to forgo granting GI status to the term "Budejovicke," which would have conflicted with the trademark BUDWEISER. 


CETA tracks Bill C-8 (the Combatting Counterfeit Products Act, formerly Bill C-56, discussed in more detail at,, and Bill C-8 was brought before Parliament on October 28, 2013, and is intended, among other things, to provide Canadian border agents with increased powers to detain infringing and counterfeit products, when implemented. The bill is currently before the Standing Committee on Industry, Science and Technology.

Consistent with Canada's CETA obligations, Bill C-8 will allow border agents to detain any product they believe is not in accordance with Canadian intellectual property and other laws, and to send the rights holder a sample of the products to allow the rights holder to inform the border agency whether or not the product infringes their rights.

Bill C-8 also contemplates the creation of a system allowing a rights holder to request assistance in pursuing remedies for imported and exported products in violation of their intellectual property rights. Under Bill C-8, such a request has a potentially unlimited life: the request would automatically be good for two years, and could be extended by the Minister responsible for such requests every two years as many times as he or she sees fit.

Last, CETA will require, and Bill C-8 already contains, new civil remedy provisions. For example, Bill C-8 will make it an offence to manufacture, possess, import/export, or attempt for the purposes of sale/distribution any product, labels or packaging bearing a trademark that is identical or confusing with one already registered. It will also make it an offence to create and sell such labels. 

Trademark Registration and Industrial Design Protection

While Canada took on no specific commitments in this area, the summary suggests Canada has made a "best endeavours commitment" to "make all reasonable efforts" to comply with international agreements and standards. To this extent, CETA specifically mentions, but the detailed outline provides no further commentary on, the Singapore Treaty on the Law of Trademarks, the Protocol Related to the Madrid Agreement Concerning the International Registration of Marks, and the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

Plant Breeders Rights and Protections

The summary suggests CETA will not change the current Canadian regime in the Plant Breeders' Rights Act. In the Agreement, both Canada and the EU commit, however, to co-operate to promote and reinforce the protection of plant varieties based on the International Convention for the Protection of New Varieties of Plants.

Copyright Terms

The Agreement tracks Canada's Copyright Modernization Act, implemented in 2012.

Next Steps for CETA

CETA still has a number of hurdles to overcome before it becomes incorporated into Canada's intellectual property laws. First, CETA must be translated into all 23 member languages of the EU. Then, the Agreement must be negotiated and approved by the Canadian Parliament and the provinces, who will integrate the Agreement's requirements into new and existing laws. At the same time, CETA will need to be ratified by all 28 EU member countries before becoming effective in the EU. These steps may cumulatively take several years.

Pending negotiations and the entry into force of CETA, Canada-EU trade relations continue to be guided by the 1976 Framework Agreement for Commercial and Economic Cooperation and other bilateral agreements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

R. Scott MacKendrick
Tamara Céline Winegust
In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.