| ID: |
TARP-080 |
| Title: |
Canada – Term of Patent Protection – AB-2000-7 |
| Source: |
http://www.wto.org, http://www.dfait-maeci.gc.ca/tna-nac/dispute-en.asp#panel |
| Parties: |
Complaint: United States; Respondent: Canada |
| Dispute Resolution Organ: |
Appellate Body of the WTO |
| Year: |
2000 |
| Pages: |
0 |
| Author(s): |
|
| Keywords: |
Canada, intellectual property, patent protection, trade, TRIPS, USA |
| Abstract: |
The WTO panel found Canada’s patent term for certain pre-1989 patents to be inconsistent with obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Under Canada’s Patent Act, the term of protection of patents based on applications filed before October 1, 1989, is 17 years from the date the patent is granted. The WTO Panel concluded that under the TRIPS Agreement a minimum term of 20 years from the date the patent application is filed must be available. |
| Secured: |
False |
| Download Article: |
170abr_e.pdf |
Keywords: Canada, intellectual property, patent protection, trade, TRIPS, United States/USA
