Canada–Korea Economic Growth and Prosperity Act (S.C. 2014, c. 28)
Full Document:
Assented to 2014-11-26
Marginal note:Prohibited use — ginseng
18. A person must not use in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea; or
(b) a translation or transliteration in any language of a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea.
Marginal note:Acquired rights
19. Nothing in section 17 or 18 prevents the use of a trade-mark in association with rice or ginseng by a person who has in good faith, before the day on which this section comes into force,
(a) filed an application in accordance with section 30 of the Trade-marks Act for the registration of, or secured the registration of, that trade-mark in association with rice or ginseng; or
(b) acquired rights to that trade-mark in association with rice or ginseng through use.
Marginal note:Exception — disuse
20. Nothing in section 17 or 18 prevents the use, as a trade-mark or otherwise, in connection with a business, of a protected geographical indication identifying rice or a protected geographical indication identifying ginseng — or a translation or transliteration in any language of either of those protected geographical indications — if the protected geographical indication is not or has ceased to be protected by the laws applicable to the Republic of Korea, or has fallen into disuse there.
Marginal note:Exception — failure to take proceedings
21. Sections 17 and 18 do not apply to the use of a trade-mark by a person if no proceedings are taken to enforce those sections in respect of that person’s use of the trade-mark within five years after use of the trade-mark by that person or that person’s predecessor-in-title has become generally known in Canada or the trade-mark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used the trade-mark with knowledge that the use was contrary to section 17 or 18, as the case may be.
Marginal note:Power of court to issue injunction
22. (1) On application of any interested person, the Federal Court or the superior court of a province may issue an injunction if it is satisfied that any act has been done contrary to section 17 or 18.
Meaning of “interested person”
(2) For the purposes of subsection (1), “interested person” means any person who is affected or reasonably apprehends that he or she may be affected by any act that is contrary to section 17 or 18.
PART 2RELATED AMENDMENTS
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:2009, c. 16, s. 25(3)
23. The definition “labour cooperation treaty” in section 20.1 of the Crown Liability and Proceedings Act is replaced by the following:
“labour cooperation treaty”
« traité sur le travail »
“labour cooperation treaty” means a treaty, or chapter of a treaty, respecting labour cooperation referred to in Part 2 of the schedule;
24. Part 2 of the schedule to the Act is amended by adding the following in alphabetical order:
Chapter 18 of the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014, as amended from time to time in accordance with Article 23.2 of that Agreement.
R.S., c. F-11Financial Administration Act
25. Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:
Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014.
R.S., c. 1 (2nd Supp.)Customs Act
26. Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:
“CKFTA”
« ALÉCRC »
“CKFTA” has the same meaning as “Agreement” in section 2 of the Canada–Korea Economic Growth and Prosperity Act;
“Korea”
« Corée »
“Korea” has the same meaning as in subsection 2(1) of the Customs Tariff;
27. Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Korea” in column 1, a corresponding reference to “CKFTA” in column 2 and a corresponding reference to “Korea Tariff rates of customs duty under the Customs Tariff” in column 3.
28. Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CKFTA” in column 1 and a corresponding reference to “Article 4.21” in column 2.
29. Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Korea” in column 1 and a corresponding reference to “paragraph 1 of Article 4.10 of CKFTA” in column 2.
30. Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Korea” in column 1 and a corresponding reference to “CKFTA” in column 2.
31. Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CKFTA” in column 1 and a corresponding reference to “Chapter Four” in column 2.
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
32. Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 8.18 or 8.19” and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014” in column 2.
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
33. (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.4):
Marginal note:Definitions
(4.5) In this Act,
(a) “CKFTA” has the same meaning as “Agreement” in section 2 of the Canada–Korea Economic Growth and Prosperity Act; and
(b) “Korea Tariff” means the rates of customs duty referred to in section 49.7 of the Customs Tariff.
(2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Korea” in the list of countries.
34. The Act is amended by adding the following after section 19.019:
Definition of “principal cause”
19.0191 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Emergency measures — Korea
(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.
Marginal note:Terms of reference
(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.
Marginal note:Tabling of report
(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Marginal note:Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
35. The Act is amended by adding the following after section 20.06:
Definition of “principal cause”
20.07 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of goods imported from Korea
(2) Where, in an inquiry conducted under section 20 into goods imported from Korea that are specified by the Governor in Council, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry commenced under section 30.07 into goods imported from Korea conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Korea are a principal cause of the serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
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