Alex Stack, a Toronto IP lawyer, has a detailed post analyzing the EU's proposed patent provisions in the Canada – EU Trade Agreement.
News
Knopf on the Opposition to Fair Dealing
Howard Knopf posts on the opposition to the Angus fair dealing motion, warning "make no mistake – these folks are trying to push back and to effectively undo the decision in CCH v. LSUC."
Kroeger Award for Policy Leadership
I am honoured and delighted to report that I have been named one of the winners of the annual Arthur Kroeger College Awards for Public Affairs. I received the award for Policy Leadership. Other winners include Globe and Mail columnist Jeffrey Simpson, Purdy Crawford, Hire Immigrants Ottawa, and Al Johnson.
New ACTA Leaks: Criminal Enforcement, Institutional Issues, and International Cooperation
New ACTA leaks have emerged this week that fill in the blanks about the remainder of the still-secret treaty. While earlier leaks provided extensive detail on the Internet and civil enforcement chapters, these latest leaks shed new light into the criminal enforcement section, the chapter on ACTA institutional issues, and international cooperation.
Criminal Enforcement
As described by KEI, the European Union has proposed language to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale." Willful copyright infringement includes instances that "have no direct or indirect motivation of financial gain."
Institutional Arrangements
KEI reports that the Institutional Arrangement chapter – Chapter 5 of the ACTA text – is the second longest in the treaty. It includes the creation of an ACTA Oversight Committee that may have the power to amend the treaty itself. The leaked text reveals the following proposal:
Clement: Copyright Bill Before the Summer
The Wire Report reports that Industry Minister Tony Clement has confirmed that the government plans to introduce a new copyright bill before the summer recess. Clement also commented on ACTA, stating that it is his position that "whatever comes out of ACTA has to be compliant with our laws."
Recent Posts
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law 
Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63 
The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act 
AI Spending is Not an AI Strategy: Why the Government’s Artificial Intelligence Plan Avoids the Hard Governance Questions 
The Law Bytes Podcast, Episode 198: Richard Moon on the Return of the Section 13 Hate Speech Provision in the Online Harms Act
