Bill C-57

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Royal Assent

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R.S., c. T-13	Trade-marks Act
	*190. (1) The definition ``country of the Union'' in section 2 of the Trade-marks Act* is replaced by the following:**
``country of the Union'' « pays de l'Union »	``country of the Union'' means
	(a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or
	(b) any WTO Member;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``geographical indication'' «indication géographique »	``geographical indication'' means, in respect of a wine or spirit, an indication that
	(a) identifies the wine or spirit as originating in the territory of a WTO Member, or a region or locality of that territory, where a quality, reputation or other characteristic of the wine or spirit is essentially attributable to its geographical origin, and
	(b) except in the case of an indication identifying a wine or spirit originating in Canada, is protected by the laws applicable to that WTO Member;
``protected geographical indication'' «indication géographique protégée »	``protected geographical indication'' means a geographical indication that is on the list kept pursuant to subsection 11.12(1);
``WTO Agreement'' « Accord sur l'OMC »	``WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act;
``WTO Member'' «membre de l'OMC »	``WTO Member'' means a Member of the World Trade Organization established by Article I of the WTO Agreement.
1993, c.15, s. 58(2)	191. (1) Paragraphs 9(1)(i) and (i.1) of the Act are replaced by the following:
	(i) any territorial or civic flag or any national, territorial or civic arms, crest or emblem, of a country of the Union, if the flag, arms, crest or emblem is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;
	(i.1) any official sign or hallmark indicating control or warranty adopted by a country of the Union, if the sign or hallmark is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;
1993, c. 15, s. 58(2)	(2) Paragraph 9(1)(i.3) of the Act is replaced by the following:
	(i.3) any armorial bearing, flag or other emblem, or any abbreviation of the name, of an international intergovernmental organization, if the armorial bearing, flag, emblem or abbreviation is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication;
	192. The Act is amended by adding the following after section 11.1:
Definitions	11.11 In sections 11.12 to 11.2,
``Minister'' «ministre »	``Minister'' means the member of the Queen's Privy Council for Canada designated as the Minister for the purposes of sections 11.12 to 11.2;
``responsible authority'' « autorité compétente »	``responsible authority'' means, in relation to a wine or spirit, the person, firm or other entity that, in the opinion of the Minister, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable of that wine or spirit to be a party to any proceedings in respect of an objection filed under subsection 11.13(1).
List	11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications.
Statement of Minister	(2) Where a statement by the Minister, setting out in respect of an indication the information mentioned in subsection (3), is published in the Canada Gazette and
	(a) a statement of objection has not been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired, or
	(b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected pursuant to subsection 11.13(7) or, if an appeal is taken, it is rejected pursuant to the final judgment given in the appeal,
	the Registrar shall enter the indication on the list of geographical indications kept pursuant to subsection (1).
Information	(3) For the purposes of subsection (2), the statement by the Minister must set out the following information in respect of an indication:
	(a) that the Minister proposes that the indication be entered on the list of geographical indications kept pursuant to subsection (1);
	(b) that the indication identifies a wine or that the indication identifies a spirit;
	(c) the territory, or the region or locality of a territory, in which the wine or spirit is identified as originating;
	(d) the name of the responsible authority in relation to the wine or spirit and the address of the responsible authority's principal office or place of business in Canada, if any, and if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom service of any document or proceedings in respect of an objection may be given or served with the same effect as if they had been given to or served on the responsible authority itself; and
	(e) the quality, reputation or other characteristic of the wine or spirit that, in the opinion of the Minister, qualifies that indication as a geographical indication.
Removal from list	(4) The Registrar shall remove an indication from the list of geographical indications kept pursuant to subsection (1) on the publication in the Canada Gazette of a statement by the Minister that the indication is to be removed.
Statement of objection	11.13 (1) Within three months after the publication in the Canada Gazette of a statement referred to in subsection 11.12(2), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection.
Ground	(2) A statement of objection may be based only on the ground that the indication is not a geographical indication.
Content	(3) A statement of objection shall set out
	(a) the ground of objection in sufficient detail to enable the responsible authority to reply thereto; and
	(b) the address of the objector's principal office or place of business in Canada, if any, and if the objector has no office or place of business in Canada, the address of the principal office or place of business abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the objection may be made with the same effect as if it had been served on the objector.
Counter statement	(4) Within three months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication shall not be entered on the list of geographical indications.
Evidence and hearing	(5) Both the objector and the responsible authority shall be given an opportunity, in the manner prescribed, to submit evidence and to make representations to the Registrar unless
	(a) the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or
	(b) the objection is withdrawn or deemed under subsection (6) to have been withdrawn.
Withdrawal of objection	(6) The objection shall be deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit evidence or a statement that the objector does not wish to submit evidence.
Decision	(7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall decide that the indication is not a geographical indication or reject the objection, and notify the parties of the decision and the reasons for the decision.
Prohibited adoption of indication for wines	11.14 (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,
	(a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or
	(b) a translation in any language of the geographical indication in respect of that wine.
Prohibited use	(2) No person shall use in connection with a business, as a trade-mark or otherwise,
	(a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or
	(b) a translation in any language of the geographical indication in respect of that wine.
Prohibited adoption of indication for spirits	11.15 (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,
	(a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication; or
	(b) a translation in any language of the geographical indication in respect of that spirit.
Prohibited use	(2) No person shall use in connection with a business, as a trade-mark or otherwise,
	(a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or
	(b) a translation in any language of the geographical indication in respect of that spirit.
Exception for personal names	11.16 (1) Sections 11.14 and 11.15 do not prevent a person from using, in the course of trade, that 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.
Exception for comparative advertising	(2) Subject to subsection (3), sections 11.14 and 11.15 do not prevent a person from using a protected geographical indication in comparative advertising in respect of a wine or spirit.
Exception not applicable to packaging	(3) Subsection (2) does not apply to comparative advertising on labels or packaging associated with a wine or spirit.
Continued use	11.17 (1) Where a Canadian has used a protected geographical indication in a continuous manner in relation to any business or commercial activity in respect of goods or services
	(a) in good faith before April 15, 1994, or
	(b) for at least ten years before that date,
	section 11.14 or 11.15, as the case may be, does not apply to any continued or similar use by that Canadian.
Definition of ``Canadian''	(2) For the purposes of this section, ``Canadian'' includes
	(a) a Canadian citizen;
	(b) a permanent resident within the meaning of the Immigration Act who has been ordinarily resident in Canada for not more than one year after the time at which the permanent resident first became eligible to apply for Canadian citizenship; and
	(c) an entity that carries on business in Canada.
Exception for disuse	11.18 (1) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication identifying a wine or spirit if the indication has ceased to be protected by the laws applicable to the WTO Member for which the indication is protected, or has fallen into disuse in that Member.
Exceptions for customary names	(2) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of an indication in respect of a wine or spirit
	(a) that is identical with a term customary in common language in Canada as the common name for the wine or spirit, as the case may be; or
	(b) that is identical with a customary name of a grape variety existing in Canada on or before the day on which the Agreement comes into force.
Exception for generic names for wines	(3) Notwithstanding sections 11.14 and 11.15 and paragraphs 12(1)(g) and (h), nothing in any of those provisions prevents the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of wines:
	(a) Champagne;
	(b) Port;
	(c) Porto;
	(d) Sherry;
	(e) Chablis;
	(f) Burgundy;
	(g) Bourgogne;
	(h) Rhine;
	(i) Rhin;
	(j) Sauterne;
	(k) Sauternes;
	(l) Claret;
	(m) Bordeaux;
	(n) Chianti;
	(o) Madeira;
	(p) Malaga;
	(q) Marsala;
	(r) Medoc;
	(s) Médoc;
	(t) Moselle;
	(u) Mosel; and

Bill C-57

Trade-marks Act