Not huge structural shift: Free trade deal impacts IP — Law Times

Nathaniel Lipkus

Dec. 10, 2018

Canada is “much more on the IP protection side of the ledger” in the wake of recent changes to intellectual property (IP) rights in the Canada-United States-Mexico Agreement (CUSMA), Osler partner Nathaniel Lipkus tells Law Times. In his article, author Shannon Kari explores how the IP landscape will be impacted by the CUSMA, including how copyright protections under the deal will be extended for another 20 years, for example. Nathaniel, a partner in Osler’s Intellectual Property Group, explains how the changes would align Canada more with jurisdictions like the United States and the European Union (EU).

“The federal government made a few significant policy concessions but not anything that will result in structural changes. This was horse trading,” Nathaniel tells Law Times. “For several years, the U.S. and the EU have been trying to convince countries to come to their level of IP protection.

“Canada has always been more of a middle ground. We have tried to balance the rights of IP owners and of IP users. This agreement puts us much more on the IP protection side of the ledger.”

Nathaniel also says that while the federal government made some concessions in this trade agreement, it “does not believe this will hurt Canada’s technology sector.”

“They are making a bet on being able to capitalize on the IP we create and that we have a technology industry that is world class,” Nathaniel tells Law Times.

If you subscribe to Law Times, read Shannon Kari’s full article “Not huge structural shift: Free trade deal impacts IP.”