Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
Marginal note:1994, c. 47, s. 192; 2001, c. 27, s. 271; 2014, c. 32, s. 53(F)
64 Sections 11.15 to 11.17 of the Act are replaced by the following:
Marginal note:Prohibited adoption of indication for agricultural products or food
11.15 (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication; or
(b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.
Marginal note:Prohibited use
(2) No person shall use in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or
(b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.
Marginal note:Prohibited use
(3) No person shall use in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that originates in the territory indicated by the protected geographical indication if that agricultural product or food was not produced or manufactured in accordance with the law applicable to that territory; or
(b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.
Marginal note:Exception when authorized
11.16 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, with the consent of the responsible authority.
Marginal note:Exception for personal names
(2) Sections 11.14 and 11.15 do not prevent a person from using, in the course of trade, the person’s name or the name of the person’s predecessor in title, except where the name is used in such a manner as to mislead the public.
Marginal note:Exception for comparative advertising
(3) Sections 11.14 and 11.15 do not prevent a person from using a protected geographical indication, or any translation of it in any language, in comparative advertising.
Marginal note:Exception not applicable to labels or packaging
(4) Subsection (3) does not apply to comparative advertising on labels or packaging.
Marginal note:Continued use — wines or spirits
11.17 (1) Section 11.14 does not apply to the continued and similar use of a protected geographical indication identifying a wine or spirit, or any translation of it in any language, by a Canadian who has used it in a continuous manner in relation to any business or commercial activity in respect of goods or services
Marginal note:Definition of Canadian
(2) For the purposes of subsection (1), Canadian means
(a) a Canadian citizen;
(b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the day on which they first became eligible to apply for Canadian citizenship; and
(c) an entity that carries on business in Canada.
Marginal note:Use — certain cheeses
(3) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, before October 18, 2013.
Marginal note:Use with qualifying term
(4) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, if
(a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in connection with the indication or the translation; and
(b) the geographical origin of the cheese is clearly displayed on the cheese or on the packaging in which it is distributed, or is in any other manner associated with the cheese so that notice of the cheese’s origin is given to the person to whom the cheese is transferred.
Marginal note:Use of the indication “Beaufort”
(5) Section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if
(a) the person or their predecessor in title used the indication or the translation for at least 10 years before October 18, 2013 in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule; or
(b) the person uses the indication or the translation in relation to any business or commercial activity in respect of a cheese product that was produced in the proximity of the Beaufort Range on Vancouver Island in British Columbia.
Marginal note:Use of the indication “Nürnberger Bratwürste”
(6) Section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for at least five years before October 18, 2013.
Marginal note:Use of the indication “Jambon de Bayonne”
(7) Section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for at least 10 years before October 18, 2013.
Marginal note:Restriction
(8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.
Marginal note:1994, c. 47, s. 192; SOR/2004-85, ss.1(1) to (3)
65 (1) Subsections 11.18(1) to (3) of the Act are replaced by the following:
Marginal note:Exception for disuse
11.18 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, if the indication has ceased to be protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, or has fallen into disuse in that territory.
Marginal note:Exceptions for customary names
(2) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication that is identical to
(a) a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;
(b) a customary name of a grape variety existing in Canada on or before the day on which the WTO Agreement comes into force; or
(c) a customary name of a plant variety or an animal breed existing in Canada on or before the day on which the indication is entered on the list kept under subsection 11.12(1).
Marginal note:Exception for translation — customary term
(2.1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a translation of a protected geographical indication that is identical to a term customary in common language in Canada as the common name for a wine or spirit or an agricultural product or food.
Marginal note:Exception for common names for wines
(3) Subsections 11.14(1) to (3) and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of wines:
Marginal note:1994, c. 47, s. 192
(2) The portion of subsection 11.18(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exception for common names for spirits
(4) Subsections 11.14(4) to (6) and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of spirits:
Marginal note:1994, c. 47, s. 192
(3) Subsection 11.18(5) of the Act is replaced by the following:
Marginal note:Exception for common names for agricultural products or food
(4.1) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of an agricultural product or food:
Marginal note:Spelling variations
(4.2) For purposes of subsection (4.1), the indications set out in paragraphs (f) and (g) include spelling variations of those indications in English and French.
Marginal note:Exception — “county”
(4.3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the term “county”, or any translation of it in any language, in association with an agricultural product or food if that term is used to refer to the name of a territorial division or an administrative division of a territory.
Marginal note:Powers of Governor in Council
(5) The Governor in Council may, by order, amend any of subsections (3) to (4.1) by adding or deleting an indication in respect of a wine or spirit or an agricultural product or food, as the case may be.
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