Category: International Trade

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The African Continental Free Trade Area: A Promising Future for Opportunities

June 18, 2019

With the ratification by 22 African states, the African Continental Free Trade Area agreement (AfCFTA Agreement) came into force on May 30, 2019 to establish the African Continental Free Trade Area (AfCFTA). Having met its minimum threshold of 22 ratifying states, the AfCFTA Agreement can now be implemented to allow the trade of goods and services with virtually no restraints….

Canada Lifts Retaliatory Surtaxes on Steel, Aluminum and Other Goods

May 22, 2019

On May 17, 2019, the Canadian and United States governments released a joint statement on Section 232 duties on steel and aluminum to announce they had reached an agreement to eliminate tariffs and countermeasures imposed on imports of steel and aluminum between the two countries, effective May 19, 2019. This announcement ends one of the countries’ most contentious trade issues…

A Primer on Canadian Sanctions Legislation

May 13, 2019

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 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)…

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…

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