Archive for October 20th, 2010

The Case for Flexibility in Implementing the WIPO Internet Treaties

Over the next few weeks, I’ll be placing the spotlight on the many contributions in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda.   My substantive contribution focuses on the legal requirements to comply with the World Intellectual Property Organization’s Internet treaties. With the treaties dating back to the 1990s the issue may seem dated, yet it still resonates today. Within a domestic context, the government has identified ratification of the WIPO Internet treaties as one of Bill C-32’s chief goals.  Internationally, the 1990s WIPO debate was re-enacted this year during the Anti-Counterfeiting Trade Agreement negotiations, with the U.S. again failing to convince its negotiating partners to adopt its implementation approach for anti-circumvention.

My article examines the issue from four perspectives: the plain language of the statutory requirements, the legislative history behind the inclusion of anti-circumvention provisions within the treaty, state practice in implementing those requirements, and scholarly analysis of the treaty obligations.

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October 20, 2010 3 comments Chapters, News

Bill C-32 Heading to Second Reading Next Week?

Sources say that second reading on Bill C-32 will begin early next week.  Bill C-29, the PIPEDA reform bill, will also move into second reading.

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October 20, 2010 Comments are Disabled Must Reads

U.S. Senators Ask USPTO To Examine ACTA

U.S. Senators Bernard Sanders and Sherrod Brown have written to the U.S. Patent and Trademark Office to ask the USPTO to examine ACTA to determine whether it is compliant with domestic U.S. legislation or if U.S. law will require amendment.

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October 20, 2010 Comments are Disabled Must Reads

Canadian Government Posts French Language Version of ACTA

The Canadian government has posted a French language version of ACTA.  The final treaty will operate in English, French, and Spanish.

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October 20, 2010 Comments are Disabled Must Reads