US -Mexico-Canada Free Trade Agreement

October 1, 2018

The Intellectual Property Institute of Canada (IPIC) is reporting today (October 1, 2018) on the terms of the new US-Mexico-Canada Free Trade Agreement (USMCA).     At a high level they are informed by government sources that the following has been agreed:

  • Increase in data protection for biologics to 10 years
  • Copyright Notice and Notice regime maintained
  • Copyright period increased to life of author plus 70 years (delayed implementation of 2 years)
  • Patent term restoration/adjustment for patent office delays (delayed implementation of 4.5 years)
  • Increased border enforcement on in-transit shipments
  • Required safeguards for trade secrets
  • Digital trade section largely mirrors Canada’s agreement for CPTPP (the Transpacific partnership agreement entered into without the United States)

The text of the IP sections can be found here: