Quebec's Bill 96 could lead to 'disappearance of popular products': International Trademark Association
Proposed regulations on the language of commercial signage could lead to the "disappearance of popular products" from Quebec stores, says an international business group.
The costs and irritants surrounding its application could force some manufacturers to avoid Quebec, according to the head of the International Trademark Association (INTA), which represents 6,500 companies in 181 jurisdictions.
"Companies will have to ask themselves if it really makes sense to be in the Quebec market," warns INTA President and CEO Etienne Sanz de Acedo in an interview. "The moment a company asks itself these questions, it means a possible product withdrawal from the market, and therefore less choice for consumers."
Sanz de Acedo points out that consumers would lose out: "If there's less choice for consumers, it means that some companies will have more opportunities to raise prices, since less choice means higher prices."
The draft regulation on commercial signage clarifies the application of certain provisions of Bill 96. The spokesperson for trademark owners said INTA supports the principle of protecting the French language. "I'm French," he said. "I will always defend the interests of the French language."
However, his association is "worried" about certain provisions of the draft regulations. One of INTA's concerns is the translation of words engraved on a product. In its brief, the association gives the example of the inside drawer of a washing machine, where the identification of the various compartments (detergents, fabric softeners, etc.) are engraved in English.
Sanz de Acedo stresses that translating these markings is much more complex than translating a user manual: "It would mean, for example, that manufacturers would have to change their manufacturing molds. If a manufacturer had to change its manufacturing method exclusively for the Quebec market, it would entail considerable costs for a company."
The association is also concerned about the obligation to translate descriptions that are part of a registered trademark. It is also concerned about the costs and deadlines involved in applying the rules on commercial signage.
Quebec's storefront businesses have until June 1, 2025, to double the space devoted to French in their windows, according to a draft regulation published in the Gazette officielle du gouvernement du Québec on Jan. 10.
Sanz de Acedo believes that the draft regulations "may not be consistent with Canadian intellectual property law and international treaties signed by Canada."
Asked to elaborate, he cites two World Trade Organization (WTO) agreements as examples: the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). He also refers to the North American Free Trade Agreement (NAFTA). "Bill 96 raises some very serious questions," he added.
INTA is not alone in expressing reservations about the proposed regulations. In January, the Biden administration expressed concern about "the potential impact on U.S. businesses" of the proposed regulations at a meeting of senior U.S. and Canadian officials.
The Legault government is still analyzing comments on the draft regulations. Jean-François Roberge, Minister of the French Language, said he is taking comments into consideration to ensure that "the regulations are properly applied, and that ideally all services currently available remain available," he replied to a question from The Canadian Press during a media scrum on Friday.
"However, the right of Quebecers to be greeted in French, to be served in French, to have objects labeled in French so that we can understand what we're buying, so that we know what's in the products, I think that's non-negotiable."
Roberge drew parallels with the concerns expressed when the Charter of the French Language was adopted in 1977. "Listen, it was the massacre that was announced. In the end, that's not what happened (...) There's no one who would go back to before 1977, before the charter."
"Every time we make a gesture of national affirmation, every time we raise the bar, there are people who worry. That's fine. There are also people who run fear campaigns. I don't think there's any need for that."
This report by The Canadian Press was first published in French on March 25, 2024.
CTVNews.ca Top Stories
Cisco reveals security breach, warns of state-sponsored spy campaign
State-sponsored actors targeted security devices used by governments around the world, according to technology firm Cisco Systems, which said the network devices are coveted intrusion points by spies.
Deadly six-vehicle crash on Highway 400 sparked by road rage incident
One person was killed in a six-vehicle crash on Highway 400 in Innisfil Friday evening.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
opinion RFK Jr.'s presidential candidacy and its potential threat to Biden and Trump
Although it's still unclear how much damage Robert F. Kennedy Jr.'s candidacy can do to either Joe Biden or Donald Trump this election, Washington political columnist Eric Ham says what is clear is both sides recognize the potential threat.
Yemen's Houthi rebels claim downing U.S. Reaper drone, release footage showing wreckage of aircraft
Yemen's Houthi rebels on Saturday claimed shooting down another of the U.S. military's MQ-9 Reaper drones, airing footage of parts that corresponded to known pieces of the unmanned aircraft.
Haida elder suing Catholic Church and priest, hopes for 'healing and reconciliation'
The lawyer for a residential school survivor leading a proposed class-action defamation lawsuit against the Catholic Church over residential schools says the court action is a last resort.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
First court appearance for boy and girl charged in death of Halifax 16-year-old
A girl and a boy, both 14 years old, made their first appearance today in a Halifax courtroom, where they each face a second-degree murder charge in the stabbing death of a 16-year-old high school student.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.