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The Canadian government today introduced a bill
aimed at ensuring the Canada complies with the widely discredited
Anti-Counterfeiting
Trade Agreement. Despite the European Union's total
rejection of ACTA along with
assurances that ACTA provisions would not resurface in the Canada
- EU Trade Agreement, the new bill is designed to ensure that
Canada is positioned to ratify ACTA by addressing border
measures provisions. The core elements of the bill
include the increased criminalization of copyright and trademark
law as well as the introduction of new powers for Canadian border guards
to detain shipments
and work actively with rights holders to seize and destroy goods
without court oversight or involvement. While the bill could have
been worse - it includes an exception for individual travelers (so
no iPod searching border guards), it does not include patents, and
excludes in-transit shipments - the bill disturbingly suggests
that Canada is gearing up to ratify ACTA since this bill addresses
many of the remaining non-ACTA compliant aspects of Canadian law.
Moreover, it becomes
the latest example of caving to U.S. pressure on
intellectual property, as the U.S. has pushed for these reforms for
years, as evidenced by a 2007 Wikileaks cable
in which the RCMP's National Coordinator for Intellectual Property
Crime leaked information on a bill to empower Canadian border guards
(the ACTA negotiations were formally announced several months earlier). [Update: On the same day the Canadian government introduced Bill C-56, the U.S. Government issued its Trade Policy Agenda and Annual Report,
which calls on Canada to "meet its Anti-Counterfeit Trade Agreement
(ACTA) obligations by providing its customs officials with ex officio
authority to stop the transit of counterfeit and pirated products
through its territory"]
A full examination of Bill C-56
is forthcoming, but its introduction raises four immediate issues: that
Canada is moving toward ACTA ratification, that it is pursuing policy
based on debunked data on counterfeiting, that the bill could have
serious harmful effects with border guards forced to serve as copyright
experts without court oversight, and the increased criminalization of
copyright and trademark law. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareFriday March 01, 2013 |