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Letter from the Honourable Mary Ng

16 July 2023

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade
United Kingdom of Great Britain and Northern Ireland

Dear Secretary Badenoch,

In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Protocol”), I have the honour to confirm the following agreement reached between the Government of Canada (“Canada”) and the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) during the course of negotiations on the Protocol:

 “Canada and the United Kingdom agree that, in continuing to give effect to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018 (“CPTPP”), notwithstanding the following language in the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016, as incorporated into the CPTPP, 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 online 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 online foreign audio-visual content.”

I have the further honour to propose that this letter and your letter in reply, equally authentic in English and French, shall constitute an agreement between our two Governments, which shall enter into force on the date on which the Protocol enters in force for both Canada and the United Kingdom.

Yours sincerely,

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Reply from the Honourable Kemi Badenoch

16 July 2023

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Dear Minister Ng,

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

 “In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Protocol”), I have the honour to confirm the following agreement reached between the Government of Canada (“Canada”) and the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) during the course of negotiations on the Protocol:

 “Canada and the United Kingdom agree that, in continuing to give effect to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018

(“CPTPP”), notwithstanding the following language in the Trans- Pacific Partnership Agreement, done at Auckland on 4 February 2016, as incorporated into the CPTPP, 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 online 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 online foreign audio-visual content.”

I have the further honour to propose that this letter and your letter in reply, equally authentic in English and French, shall constitute an agreement between our two Governments, which shall enter into force on the date on which the Protocol enters in force for both Canada and the United Kingdom.”

I have the further honour to confirm that your letter reflects the agreement reached between our two Governments during the course of negotiations on the Protocol, and that your letter and this letter in reply, equally authentic in English and French, shall constitute an agreement between the Government of the United Kingdom and the Government of Canada, which shall enter into force on the date on which the Protocol enters in force for both the United Kingdom and Canada.

Yours sincerely,

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade United Kingdom of Great Britain and Northern Ireland

Patent Grace Period

Letter from the Honourable Kemi Badenoch

16 July 2023

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Dear Minister Ng,

In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (Protocol), I have the honour to confirm the agreement reached between the Government of the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and the Governments of the Parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018 (the CPTPP) during the course of negotiations on the Protocol, which is set out in the following agreement between the United Kingdom and Canada with regard to the application of Article 18.38 (Grace Period) of the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016 that is incorporated, by reference, into and made part of the CPTPP mutatis mutandis (the TPP as incorporated into the CPTPP) to the United Kingdom:

  1. For the purposes of Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP, the United Kingdom shall endeavour to promote harmonisation in international fora regarding a grace period consistent with that Article, and consequently shall endeavour to promote the adoption of amendments to the European Patent Convention,Footnote 1 and, as needed, to the Strasbourg Patent Convention,Footnote 2 to incorporate provisions which are substantially the same as, and not inconsistent with, Article 18.38 (Grace Period).
  2. Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP shall apply to the United Kingdom after the date on which the amendments referred to in paragraph 1 have entered into force for the United Kingdom.
  3. The United Kingdom shall promptly notify the Parties to the CPTPP for which the Protocol has entered into force when the amendments referred to in paragraph 1 have entered into force for the United Kingdom.
  4. Until the amendments referred to in paragraph 1 enter into force, the United Kingdom shall provide a yearly written report to the Parties to the CPTPP for which the Protocol has entered into force, beginning on the anniversary of the date of entry into force of the Protocol for the United Kingdom, regarding the specific actions the United Kingdom has taken in the preceding 12-month period to promote harmonisation and the adoption of grace period rules in international fora including the European Patent Organisation.
  5. Any matter arising under the above paragraphs shall be subject to dispute settlement procedures under Chapter 28 (Dispute Settlement) of the TPP as incorporated into the CPTPP.

I have the further honour to propose that this letter and your letter of confirmation in reply, equally authentic in English and French, shall constitute an agreement between our two Governments setting out the agreement reached between the Government of the United Kingdom and the Governments of the Parties to the CPTPP with respect to the application of Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP to the United Kingdom, which shall enter into force on the date of entry into force of the Protocol as between the United Kingdom and Canada.

Yours sincerely,

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade  
United Kingdom of Great Britain and Northern Ireland 

Reply from the Honourable Mary Ng

16 July 2023

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade
United Kingdom of Great Britain and Northern Ireland

Dear Secretary Badenoch,

I have the honour to acknowledge the receipt of your letter of 16 July 2023, which reads as follows:

“In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (Protocol), I have the honour to confirm the agreement reached between the Government of the United Kingdom of Great Britain and Northern Ireland (United Kingdom) and the Governments of the Parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018 (the CPTPP) during the course of negotiations on the Protocol, which is set out in the following agreement between the United Kingdom and Canada with regard to the application of Article 18.38 (Grace Period) of the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016 that is incorporated, by reference, into and made part of the CPTPP mutatis mutandis (the TPP as incorporated into the CPTPP) to the United Kingdom:

  1. For the purposes of Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP, the United Kingdom shall endeavour to promote harmonisation in international fora regarding a grace period consistent with that Article, and consequently shall endeavour to promote the adoption of amendments to the European Patent Convention,Footnote 3 and, as needed, to the Strasbourg Patent Convention,Footnote 4 to incorporate provisions which are substantially the same as, and not inconsistent with, Article 18.38 (Grace Period).
  2. Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP shall apply to the United Kingdom after the date on which the amendments referred to in paragraph 1 have entered into force for the United Kingdom.
  3. The United Kingdom shall promptly notify the Parties to the CPTPP for which the Protocol has entered into force when the amendments referred to in paragraph 1 have entered into force for the United Kingdom.
  4. Until the amendments referred to in paragraph 1 enter into force, the United Kingdom shall provide a yearly written report to the Parties to the CPTPP for which the Protocol has entered into force, beginning on the anniversary of the date of entry into force of the Protocol for the United Kingdom, regarding the specific actions the United Kingdom has taken in the preceding 12-month period to promote harmonisation and the adoption of grace period rules in international fora including the European Patent Organisation.
  5. Any matter arising under the above paragraphs shall be subject to dispute settlement procedures under Chapter 28 (Dispute Settlement) of the TPP as incorporated into the CPTPP.

I have the further honour to propose that this letter and your letter of confirmation in reply, equally authentic in English and French, shall constitute an agreement between our two Governments setting out the agreement reached between the Government of the United Kingdom and the Governments of the Parties to the CPTPP with respect to the application of Article 18.38 (Grace Period) of the TPP as incorporated into the CPTPP to the United Kingdom, which shall enter into force on the date of entry into force of the Protocol as between the United Kingdom and Canada.”

I have the further honour to confirm that the above reflects the agreement reached between our two Governments during the course of the negotiations of the Protocol, and that your letter and this letter of confirmation in reply, equally authentic in English and French, shall constitute an agreement between our two Governments, which shall enter into force on the date of entry into force of the Protocol as between Canada and the United Kingdom.

Yours sincerely,

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Marketing of Certain Pharmaceutical Products

Letter from the Honourable Mary Ng

16 July 2023

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade
United Kingdom of Great Britain and Northern Ireland

Dear Secretary Badenoch,

In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Protocol”), I have the honour to confirm the following understanding reached between the Government of Canada (“Canada”) and the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) during the course of negotiations on the Protocol with regard to Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016 as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), done at Santiago on 8 March 2018:

 “Canada and the United Kingdom recognise that nothing in Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) limits a Party to the CPTPP from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that the Party continues to give effect to that Article.”

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, will constitute an understanding between our two Governments, which will come into effect on the date on which the Protocol enters into force for both Canada and the United Kingdom.

Yours sincerely,

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Reply from the Honourable Kemi Badenoch

16 July 2023

Minister Mary Ng
Minister of International Trade, Export Promotion, Small Business and Economic Development

Dear Minister Ng,

I have the honour of acknowledging receipt of your letter of today’s date, which reads as follows:

“In connection with the signing on this date of the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the “Protocol”), I have the honour to confirm the following understanding reached between the Government of Canada (“Canada”) and the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) during the course of negotiations on the Protocol with regard to Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) of the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016 as incorporated into the Comprehensive and Progressive Agreement for Trans- Pacific Partnership (“CPTPP”), done at Santiago on 8 March 2018:

“Canada and the United Kingdom recognise that nothing in Article 18.53 (Measures Relating to the Marketing of Certain Pharmaceutical Products) of Chapter 18 (Intellectual Property) limits a Party to the CPTPP from establishing conditions, limitations or exceptions when implementing the obligations set forth under that Article, provided that the Party continues to give effect to that Article.”

I have the further honour to propose that this letter and your letter in reply, equally valid in English and French, will constitute an understanding between our two Governments, which will come into effect on the date on which the Protocol enters into force for both Canada and the United Kingdom.”

I have the further honour to confirm that your letter reflects the understanding reached between our two Governments during the course of the negotiations on the Protocol, and that your letter and this letter in reply, equally valid in English and French, will constitute a shared understanding between the Government of the United Kingdom and the Government of Canada, which will come into effect on the date on which the Protocol enters into force for both the United Kingdom and Canada.

Yours sincerely,

The Rt Hon Kemi Badenoch MP
Secretary of State for Business and Trade
United Kingdom of Great Britain and Northern Ireland

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