Mexico – Side Instruments

Culture

Letter from Ildefonso Guajardo Villarreal

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne:

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date, of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the “Agreement”), I have the honour to confirm the following agreement reached between the Government of Canada (hereinafter referred to as “Canada”) and the Government of the United Mexican States (hereinafter referred to as “Mexico”):

Canada and Mexico agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement between our countries.”

I have the further honour to confirm that the above reflects the agreement reached between our Governments, and that your letter and this letter in reply, equally valid in the English, Spanish and French languages, shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement between our countries.

Sincerely,

Ildefonso Guajardo Villarreal

Response from the Honourable François-Philippe Champagne

8 March 2018

The Honourable Ildefonso Guajardo Villarreal
Secretary of the Economy
Mexico

Dear Secretary,

In connection with the signing on this date, of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the “Agreement”), I have the honour to confirm the following agreement reached between the Government of Canada (hereinafter referred to as “Canada”) and the Government of the United Mexican States (hereinafter referred to as “Mexico”):

Canada and Mexico agree that, in continuing to give effect to the Agreement, notwithstanding the following language in Annex II – Canada – 16 and 17 – under the Cultural Industries Sector, first paragraph under the subheading “Description,” that states “except: (a) discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development; and (b) measures restricting the access to on-line foreign audio-visual content”, Canada may adopt or maintain discriminatory requirements on service suppliers or investors to make financial contributions for Canadian content development and may adopt or maintain measures that restrict access to on-line foreign audio-visual content.

I have the honour to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, shall constitute an agreement between our Governments, which shall enter into force on the date of entry into force of the Agreement between our countries.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Geographical Indication

Letter from Ildefonso Guajardo Villarreal

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne:

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour of confirming the following understanding reached between the Government of the United Mexican States (hereinafter referred to as “Mexico”) and the Government of Canada (hereinafter referred to as “Canada”) during the course of the negotiations regarding the terms Bacanora, Charanda and Sotol.

The terms Bacanora, Charanda and Sotol are eligible for registration as protected geographical indications of spirits in Canada.

In order to secure protection, the authorities responsible for these particular indications in Mexico must apply for protection in the territory of Canada, in accordance with the procedures and requirements prescribed by the domestic law of Canada. The protection by Canada of such geographical indications shall be in accordance with Articles 22 through 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as “TRIPS Agreement”) and subject to the exceptions of Article 24 of the TRIPS Agreement.

Canada may adopt or maintain procedures that provide for the cancellation of the protection afforded to geographical indications within its territory consistent with the terms of the Agreement.

If the terms Bacanora, Charanda or Sotol cease to be protected in their place of origin or fall into disuse in that place, Mexico shall notify Canada and request cancellation.

I have the honor to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.

Sincerely,

Ildefonso Guajardo Villarreal

Response from the Honourable François-Philippe Champagne

8 March 2018

The Honourable Ildefonso Guajardo Villarreal
Secretary of the Economy
Mexico

Dear Secretary,

I have the honour to acknowledge the receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour of confirming the following understanding reached between the Government of the United Mexican States (hereinafter referred to as “Mexico”) and the Government of Canada (hereinafter referred to as “Canada”) during the course of the negotiations regarding the terms Bacanora, Charanda and Sotol.

The terms Bacanora, Charanda and Sotol are eligible for registration as protected geographical indications of spirits in Canada.

In order to secure protection, the authorities responsible for these particular indications in Mexico must apply for protection in the territory of Canada, in accordance with the procedures and requirements prescribed by the domestic law of Canada. The protection by Canada of such geographical indications shall be in accordance with Articles 22 through 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as “TRIPS Agreement”) and subject to the exceptions of Article 24 of the TRIPS Agreement.

Canada may adopt or maintain procedures that provide for the cancellation of the protection afforded to geographical indications within its territory consistent with the terms of the Agreement.

If the terms Bacanora, Charanda or Sotol cease to be protected in their place of origin or fall into disuse in that place, Mexico shall notify Canada and request cancellation.

I have the honor to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.”

I have the further honour of confirming that my Government shares this understanding and that your letter and this letter in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade

Intellectual Property

Letter from Ildefonso Guajardo Villarreal

8 March 2018

The Honourable François-Philippe Champagne
Minister of International Trade
Canada

Dear Minister Champagne:

In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following understanding reached between the Government of the United Mexican States (hereinafter referred to as “Mexico”) and the Government of Canada (hereinafter referred to as “Canada”) during the course of the negotiations of the Agreement:

Canada and Mexico recognize their friendly and productive cooperative partnership with respect to intellectual property, which has been facilitated by the Memorandum of Understanding on Industrial Property Cooperation between the Mexican Institute of Industrial Property of the United Mexican States and the Canadian Intellectual Property Office of Canada (the MOU).

Conscious of the value and importance of appropriate intellectual property rights in fostering the creation of high quality, unique products in our two countries, Canada and Mexico resolve to develop a work plan of cooperation activities, which will serve to improve their  understandings of how Appellations of Origin, Certification Marks, Geographical Indications and other similar forms of intellectual property rights may be protected within the framework of their respective intellectual property systems. 

I have the further honor to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.‎

Sincerely,

Ildefonso Guajardo Villarreal

Response from  the Honourable François-Philippe Champagne

8 March 2018

The Honourable Ildefonso Guajardo Villarreal
Secretary of the Economy
Mexico

Dear Secretary

I have the honour to acknowledge the receipt of your letter of this date, which reads as follows:

“In connection with the signing on this date of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Agreement”), I have the honour to confirm the following understanding reached between the Government of the United Mexican States (hereinafter referred to as “Mexico”) and the Government of Canada (hereinafter referred to as “Canada”) during the course of the negotiations of the Agreement:

Canada and Mexico recognize their friendly and productive cooperative partnership with respect to intellectual property, which has been facilitated by the Memorandum of Understanding on Industrial Property Cooperation between the Mexican Institute of Industrial Property of the United Mexican States and the Canadian Intellectual Property Office of Canada (the MOU).

Conscious of the value and importance of appropriate intellectual property rights in fostering the creation of high quality, unique products in our two countries, Canada and Mexico resolve to develop a work plan of cooperation activities, which will serve to improve their  understandings of how Appellations of Origin, Certification Marks, Geographical Indications and other similar forms of intellectual property rights may be protected within the framework of their respective intellectual property systems. 

I have the further honor to propose that this letter and your letter of confirmation in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.‎”

I have the further honour of confirming that my Government shares this understanding and that your letter and this letter in reply, equally valid in the English, Spanish and French languages, will constitute an understanding between our Governments, to enter into effect upon the entry into force of the Agreement between our countries.

Yours sincerely,

The Honourable François-Philippe Champagne
Minister of International Trade