Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
68 Paragraphs 12(1)(g) and (h) of the Act are replaced by the following:
(g) in whole or in part a protected geographical indication identifying a wine, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication;
(h) in whole or in part a protected geographical indication identifying a spirit, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication;
(h.1) in whole or in part a protected geographical indication, and the trade-mark is to be registered in association with an agricultural product or food — belonging to the same category, as set out in the schedule, as the agricultural product or food identified by the protected geographical indication — not originating in a territory indicated by the geographical indication; and
Marginal note:1994, c. 47, s. 196
69 Subsection 20(2) of the Act is replaced by the following:
Marginal note:Exception
(2) The registration of a trade-mark does not prevent a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine, any of the indications mentioned in subsection 11.18(4) in association with a spirit or any of the indications mentioned in subsection 11.18(4.1) in association with an agricultural product or food.
Marginal note:2014, c. 32, s. 43
70 (1) The definition relevant registered trade-mark in section 51.02 of the Act is replaced by the following:
- relevant protected mark
relevant protected mark means
(a) a trade-mark registered for goods that is identical to, or cannot be distinguished in its essential aspects from, a trade-mark on such goods, including their labels or packaging, that are detained by a customs officer; or
(b) a protected geographical indication identifying, as the case may be, a wine or spirit, or an agricultural product or food of a category set out in the schedule, that is identical to, or cannot be distinguished in its essential aspects from, an indication on such a wine or spirit or such an agricultural product or food, or on their labels or packaging, that is detained by a customs officer. (marque protégée en cause)
(2) Section 51.02 of the Act is amended by adding the following in alphabetical order:
- owner
owner, with respect to a protected geographical indication identifying a wine or spirit or agricultural product or food, means the responsible authority, as defined in section 11.11, for the wine or spirit or agricultural product or food identified by the indication. (propriétaire)
- protected mark
protected mark means a registered trade-mark or a protected geographical indication. (marque protégée)
Marginal note:2014, c. 32, s. 43
71 Subsection 51.03(3) of the Act is replaced by the following:
Marginal note:Wine or spirits
(2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits
Marginal note:Agricultural products or food
(2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food
Marginal note:Exception
(2.3) Subsections (2.1) and (2.2) do not apply if
(a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act;
(b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use; or
(c) the wine or spirit or the agricultural product or food, while being shipped from one place outside Canada to another, is in customs transit control or customs transhipment control in Canada.
Marginal note:Restriction
(3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2.
Marginal note:2014, c. 32, s. 43
72 Section 51.04 of the Act is replaced by the following:
Marginal note:Request for assistance
51.04 (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03.
Marginal note:Information in request
(2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trade-mark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication.
Marginal note:Validity period
(3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once.
Marginal note:Security
(4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09.
Marginal note:Update
(5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to
Marginal note:2014, c. 32, s. 43
73 The portion of subsection 51.06(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Fourniture de renseignements en vue de l’exercice de recours
51.06 (1) L’agent des douanes qui a des motifs raisonnables de soupçonner que des produits qu’il retient en vertu de l’article 101 de la Loi sur les douanes sont interdits d’importation ou d’exportation au titre de l’article 51.03 peut, à sa discrétion, fournir au propriétaire de la marque protégée en cause, si celui-ci a présenté une demande d’aide acceptée par le ministre à l’égard de cette marque, des échantillons des produits ainsi que des renseignements au sujet des produits qui pourraient lui être utiles pour l’exercice de ses recours au titre de la présente loi, tels que :
Marginal note:2002, c. 8, s. 177
74 Section 61 of the Act is replaced by the following:
Marginal note:Judgments
61 An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register or to any protected geographical indication.
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