May 19, 2026

IP protections and upcoming CUSMA joint review

Partner Teresa Reguly, counsel Ryan Lax and articling student Ronald Cheung write in Law360 Canada on why the upcoming joint review of the Canada-United States-Mexico Agreement (CUSMA) presents an opportunity for Canada to consider its trade and IP positions with the US and Mexico.

The federal government received comments during a 2025 public consultation about strengthening IP protections and the implications of new pharmaceutical rules for the affordability and accessibility of medicines. Teresa, Ryan and Ronald look at three key IP provisions in CUSMA that are of particular interest to the pharmaceutical industry—patent term adjustment, data protection and marketing pharmaceuticals. An excerpt from the article is below.

Through CUSMA, Canada agreed to heighten protections for innovation-intensive sectors and expand protections not previously provided in Canadian law or the preceding North American Free Trade Agreement. Those are detailed in CUSMA’s Intellectual Property chapter (Chapter 20).

Stakeholders have debated the effectiveness of domestically implemented IP protections. During the 2025 public consultation, the federal government received comments about strengthening IP protections and the implications of new pharmaceutical rules for the affordability and accessibility of medicines.

The first mandatory joint review of the CUSMA coincides with the agreement’s sixth anniversary on July 1, 2026.

You can read the full piece on Law360 Canada's website.

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