Implementing International Trade Agreements in Federal Systems: A Look at the Canada-EU CETA's Intellectual Property Issues
J. de Beer, “Implementing International Trade Agreements in Federal Systems: A Look at the Canada-E.U. CETA’s Intellectual Property Issues” (2012) 38:4 Legal Issues of Economic Integration 51-71
26 Pages Posted: 2 Oct 2013 Last revised: 8 Oct 2015
Date Written: 2012
This article examines the negotiations towards a Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union (EU) as an example of some challenges and solutions for implementing international trade agreements in multilevel federal systems. It briefly describes Canadian constitutional law governing the domestic implementation of international treaties and then canvasses three specific examples of current challenges related to the regulation of intellectual property. While the constitutional validity of federal regulations addressing pharmaceutical data protection, digital rights management (DRM), and geographic indications is far from guaranteed, legislators and courts have used several legal means to support implementation of Canada’s international obligations in these fields.
Keywords: negotiation, Comprehensive Economic and Trade Agreement (CETA), Canada, European Union, EU, international trade agreements, multilevel federal systems, constitutional law, international treaties, intellectual property, regulation, pharmaceutical data protection, digital rights management, DRM
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