Category: International Trade

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Demystified: USMCA’s Intellectual Property Provisions on Damages for Trademark Counterfeiting

December 10, 2018

The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian legal and business landscape. One noteworthy aspect of the USMCA is the digital trade provisions’ implication that Canadian web platforms may not be liable for the content posted by third…

Canada Imposes Sanctions Against Saudi Arabian Nationals

December 4, 2018

On November 29, 2018, Canada’s Minister of Foreign Affairs announced sanctions against 17 Saudi Arabian nationals. The individuals have been designated in the regulations made under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML). SML authorizes the government to designate foreign nationals or foreign public officials (or their associates) who, in the government’s view, are…

The New Legal Landscape of North American Trade

December 4, 2018

On September 30, 2018, Canada and the United States announced that they, together with Mexico, agreed to a new trilateral trade agreement, which was signed on November 30, 2018. The agreement will be referred to differently in each country: Canada-United States-Mexico Agreement (CUSMA) in Canada, United States-Mexico-Canada Agreement (USMCA) in the U.S., and Tratado entre México, Estados Unidos y Canadá (TMEC)…

A Primer on Canadian Sanctions Legislation

December 4, 2018

Canada, like other major jurisdictions, has a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in many ways a trading nation, and many Canadian businesses have ties elsewhere, sanctions laws have a significant impact not only on the target countries but also on Canadian businesses….

Demystified: USMCA’s Digital Trade Provisions on ISP Liability in Canada

November 15, 2018

The United States–Mexico–Canada Agreement’s (USMCA) digital trade provisions have attracted significant attention over their perceived impact on the Canadian legal and business landscape, especially around the implication that Canadian web platforms may not be liable for the content posted by third parties. However, the importation of these concepts from the United States may not have as significant an effect as…

The Ins and Outs of Canada’s New Trade Agreement and NAFTA Replacement, the USMCA

October 3, 2018

On September 30, 2018, Canada and the United States resolved outstanding trade issues and announced that they, together with Mexico, agreed to a trilateral United States-Mexico-Canada Agreement (USMCA). Once ratified, the USMCA will replace the existing trilateral North American Free Trade Agreement (NAFTA), which has been in place between the three countries since 1994. BACKGROUND The USMCA represents an agreement…

IP Q&A: How to Navigate Canada’s Official Marks System

August 2, 2018

Running parallel to Canada’s trade-mark system is another regime for “official marks”. The official mark regime is exclusive to public authorities such as utilities, broadcasters, hospitals and the like that are subject to governmental control and provides rights that, in several respects, exceed those associated with registered trade-marks. While advantageous for eligible entities, official marks can — and have on…

Small Brewers Successfully Challenge Alberta’s Beer Markup Regime

July 9, 2018

On June 19, 2018, the Alberta Court of Queen’s Bench declared part of Alberta’s provincial beer markup regime to be in contravention of section 121 of the Constitution Act, 1867 (Constitution) in Steam Whistle Brewing Inc. v. Alberta Gaming and Liquor Commission. This decision has important implications for inter-provincial trade generally and for provinces enacting measures aimed at protecting local…

Canada and Israel Sign Modernized Free Trade Agreement

June 7, 2018

Canada’s Minister of International Trade, François-Philippe Champagne, and Israel’s Minister of the Economy and Industry, Eli Cohen, recently signed the Protocol Amending the Canada-Israel Free Trade Agreement (Protocol). Once the Protocol is ratified by both governments, a modernized Canada-Israel Free Trade Agreement (CIFTA) will enter into force, benefitting businesses and exporters in Canada and Israel. WHAT’S NEW? When the original…

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