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1. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

2. Mexico and the United States: a new beginning | México y Estados Unidos: un nuevo comienzo

Author:
Agustín Barrios Gómez, Henry Cuellar, Juan Carlos Baker, and Kenneth Smith
Publication Date:
02-2020
Content Type:
Special Report
Institution:
Mexican Council on Foreign Relations (COMEXI)
Abstract:
North America started 2020 as a bloc of three democratic countries with shared values that trade freely in the context of regional peace and cooperation. We are nearly 500 million North American citizens who came together to sign the North American Free Trade Agreement (NAFTA) of 1994 and its successor, the United StatesMexico-Canada Agreement (USMCA) of 2018, providing a legal framework for commercial freedom on our continent. The world often conducts its affairs with a zero-sum game mentality, meaning that one country’s gain is another’s loss. This is why agreements like NAFTA, in 1994, and the USMCA, today, are particularly valuable. It is also the reason that we must not take them for granted. The effort invested in creating the USMCA was born precisely from the understanding of a fundamental idea: restricting the liberty of our people to trade freely is a mistake. It was not an easy case to make. The current U.S. president based his political campaign on animosity towards Mexico, in particular, and against exchange with the world, in general. However, he was led to a position of saving free trade in North America by the millions of his fellow citizens who saw their economic livelihood threatened by protectionism and the possibility of severing close economic ties with their neighbors. At the same time, a sector of Mexican society that has always been antagonistic to two pillars of trade in our continent: integration with the United States, and economic freedom, came to power in Mexico. This raised the specter of a challenge to free trade from Mexican socialists. However, the overwhelmingly positive results and obvious benefits of NAFTA for Mexico were of such magnitude, that protectionism was not an issue in the return to power of the nationalist Left. It now looks like a given, but both in the case of the U.S. and in the case of Mexico, the survival of the framework of openness born on January 1, 1994, is a testament to enormous political and economic success. In a world that increasingly favors the Pyrrhic victories of political symbolism, the triumph of reason over nativist fervor is well worth highlighting. For each of the three countries, the USMCA was the way to protect these gains, but each country placed its own emphasis on their priorities. Canada, currently the most politically stable country of the three, clearly sought to uphold a system that provides the country with access to its main market, as well as to another market (Mexico) in which it has fewer interests, but which is still important. The United States, the former architect of the world order that promoted economic freedoms for 71 years (1945-2016), was set to become its spoiler. Fortunately for the general interest, despite the rhetoric, with the USMCA it was possible to find a compromise that safeguarded the gains made from economic integration since 1994. Sectors of society, such as farmers and border communities which had never organized to defend their markets, got together to successfully make their case directly to the Administration. Mexico’s interests were clearer: manufactured exports are the most dynamic and competitive part of its economy. They not only provide a major source of hard currency, but in conjunction with the imports made possible by income from exports, they support the internal market, as well. For Mexico, even more than for Canada, protecting free trade of North America was imperative. The result was an Agreement that protected the benefits of North American commercial freedom, at the same time as it brought certain aspects up to date. It also addressed a number of the concerns that had been raised by blue collar workers in the United States, particularly pertaining to the automotive sector. This document helps us understand these changes and provides perspective from three authors who were directly involved in making the USMCA a reality.
Topic:
Treaties and Agreements, Bilateral Relations, Economy, NAFTA, Free Trade, Trade, and USMCA
Political Geography:
North America, Mexico, and United States of America