Archive for February 7th, 2012

Could SOPA Make Its Way Into Canadian Copyright Law?

Appeared in the Toronto Star on February 5, 2012 as Canada’s overhaul of copyright law could take on a SOPA flavour The battle over the Stop Online Piracy Act in the United States may have concluded with millions of Internet users successfully protesting against the bill, but many Canadians are […]

Read more ›

February 7, 2012 Comments are Disabled Columns Archive

Will Canada – China Changes Include a Shift on Intellectual Property?

Prime Minister Stephen Harper arrived in China today for a high profile visit aimed at improving the Canada- China economic ties. Many have noted the change in tone from the Canadian government on China on rights issues, but the intellectual property story is worth noting here as well. Unlike a U.S. visit, which is likely to place IP issues at the very top of the list, the Canadian visit is unlikely to emphasize the issue. Indeed, Canada would do well to consider shifting its approach to China on intellectual property.

While China-based piracy is unquestionable a concern, Canada has too often used the issue to curry favour with the U.S. at the expense of developing the China relationship. In recent years, our support for the Anti-Counterfeiting Trade Agreement (which deliberately excluded China) and now the Trans Pacific Partnership (which also excludes China) does little to help relations. China could be a strategic ally on global IP issues as both countries face significant external pressure for reform. While compliance with international rules should be the starting point for any dialogue, focusing on the flexibility that exists at international law to address domestic concerns is in both our interests.

The biggest Canadian blunder was the decision to join a U.S. complaint against China at the World Trade Organization in 2007 alleging that China’s domestic laws, border measures, and criminal penalties for intellectual property violations did not comply with its international treaty obligations. The case was a big loss. China was required to amend parts of its copyright law but on the big issues – border measures and IP enforcement – almost all of the contested laws were upheld as valid.

More interesting are the background documents that demonstrate that the Canadian government was unable to muster credible evidence of harm among Canadian companies.

Read more ›

February 7, 2012 4 comments News

Why ACTA Could Be As Bad As SOPA

Alexander Furnas explains in the Atlantic why the broader implications of ACTA may make it as bad as SOPA. Furnas notes “while many of the alarmists specific claims are inaccurate, ACTA exposes the systemic danger in how international intellectual property regulation has evolved over the last 20 years.”

Read more ›

February 7, 2012 Comments are Disabled Must Reads

Czech Republic, Slovakia Suspend ACTA Ratification

The Czech Republic and Slovakia have joined Poland in suspending ratification of the Anti-Counterfeiting Trade Agreement in response to mounting protests over the agreement.

Read more ›

February 7, 2012 Comments are Disabled Must Reads

Much Ado About Panic

Kris Kotarski writes an opinion piece in the Calgary Herald that calls attention to the lobby panic that leads to legislation like SOPA and ACTA.

Read more ›

February 7, 2012 Comments are Disabled Must Reads