Post Tagged with: "geographical indications"

16th EU-Canada Summit, 30 October 2016 by European External Action Service (CC BY-NC 2.0)

CETA Implementation Bill Provides Reminder of the IP Cost in the Canada – EU Trade Deal

The Canadian government moved quickly from signing the trade agreement between Canada and the European Union on Sunday to tabling Bill C-30, the CETA implementing legislation, on Monday. While most of the attention has focused on the political issues surrounding CETA in Europe and the potential gains for Canadian exporters due to tariff reductions, the implementing bill provides a reminder that there are significant costs associated with CETA that have generated far less discussion. In fact, the majority of the 140-page bill features changes to Canada’s intellectual property rules, requiring changes that largely serve European interests.

Mandated reforms to patent protections (in the form of term restoration provisions) and the expansion of protections for dozens of European geographical indications was always part of the price to be paid for CETA. There were concerns expressed throughout the negotiations on both issues.  Geographic indications rules grant protections to foods widely produced around the world and establish new marketing and naming restrictions on Canadian food producers.  Meanwhile, the patent term restoration provisions are likely to increase health care costs in Canada by delaying the availability of generic pharmaceuticals due to the extension in the term of protection for patented pharmaceuticals.

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November 1, 2016 5 comments News
The Tag by monica renata (CC BY 2.0)

The Trouble With the TPP, Day 30: Losing Our Way on Geographical Indications

Geographical indications (GI) are signs used on goods – frequently food, wine, or spirits – that have a specific geographical origin and are said to possess qualities, reputation or characteristics that are essentially attributable to that place of origin. Given the quality associated with the product, proponents of GI protection argue that it is needed to avoid consumer confusion as well as to protect legitimate producers.

Europe has the most extensive geographical indication protections in the world. These include Protected Designation of Origin (PDO), which covers agricultural products produced, processed and prepared in a given geographical area using recognized know-how; Protected Geographical Indication (PGI), which covers agricultural products linked to the geographical area; and Traditional Speciality Guaranteed (TSG), which highlights traditional character, either in the composition or means of production. 

The net effect of the European system is that hundreds of items enjoy special legal protection.

What does this have to do with the TPP?

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February 12, 2016 5 comments News
Feta tins with plants by Sean O'Sullivan (CC BY-NC 2.0)

The TPP IP Chapter Leaks: TPP and CETA May Conflict on Geographical Indications

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, as well as anti-counterfeiting provisions that are inconsistent with Bill C-8. This post discusses the section on protection for geographical indications and explains how U.S. demands conflict with Canada has already agreed to in the trade agreement with Europe (CETA).

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November 15, 2013 7 comments News

European Commission Provides Update on Canada – EU Trade Agreement Agricultural Provisions

The European Commission has posted a public update on the status of the agricultural provisions in the proposed Canada – EU Trade Agreement. The EC says the goal is to conclude the agreement at a Ministerial meeting in Ottawa on February 7th, though reports suggest that may be overly optimistic.  The state of the agricultural provisions is described as follows:

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January 28, 2013 2 comments News

French Officials Say Willing to Walk Away From ACTA

Confirming earlier comments from the European Commission, French government officials have told NGO groups that they are willing to walk away from ACTA if the agreement does not include coverage of geographical indications.

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September 13, 2010 2 comments News