Post Tagged with: "canada"

StopTPP-WhiteHouse by Backbone Campaign (CC BY 2.0) https://flic.kr/p/Px9SYv

As Trump Pulls the U.S. Out of the TPP, Canada Should Follow Suit

In one of his first acts in office, U.S. President Donald Trump has signed an executive order withdrawing the United States from the Trans Pacific Partnership. With the U.S. out of the TPP, the agreement cannot take effect as it requires ratification from both the U.S. and Japan to do so. Last week, new International Trade Minister Francois-Philippe Champagne said that Canada would consider all its options with the remaining TPP countries, but the reality is that Canada should follow the U.S. lead and abandon the agreement.

The need for U.S. and Japanese ratification for the TPP to take effect is no accident. For most of the countries in the TPP, access to those two markets were the reason they were willing to sign in the first place. For example, Canada came late to the TPP negotiations in part because it saw limited value in better access to markets such as Australia, Vietnam, Malaysia, and New Zealand. Trade with those countries is relatively minor and would not justify making significant policy concessions. The decision to join the negotiations was sparked by concern that preferential access to the U.S. would be undermined if Canada was left out of the TPP and by a desire to strike a trade agreement with Japan. Once Japan shifted its focus from bi-lateral discussions to the TPP, Canada pushed for inclusion in the deal. With the U.S. out, one of the foundational arguments for joining the TPP is gone.

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January 23, 2017 6 comments News
DEMO-Michelle-Zatlyn-0796 by The DEMO Conference (CC BY-NC-ND 2.0) https://flic.kr/p/rYwugJ

Canada’s Innovation Challenge: Keeping The Billion Dollar Club At Home

From the moment the Liberal government took office last fall, it left no doubt that innovation was going to be a top priority. Gone was Industry Canada, replaced by the Ministry of Innovation, Science, and Economic Development, with Navdeep Bains, a close confidant of Prime Minister Justin Trudeau, installed as the responsible minister.

Last week’s budget continued the emphasis on innovation, promising $150 million in 2017-2018 for an innovation agenda. The full details have yet to be revealed, but the budget also added tax reforms to create investment incentives (and quietly dropped a tax change that would have hurt start-up companies), support for innovation clusters, and increased dollars for scientific research.

My weekly technology law column (Toronto Star version, homepage version) notes that the government says its goal is to make Canada a “centre of global innovation”, a significant challenge given that studies persistently point to Canada’s innovation gap. Last year, the Science, Technology and Innovation Council (STIC), a government-backed group, concluded that Canada “was not globally competitive” and that “it is falling further behind global competitors and facing a widening gap with the world’s top five performing countries.”

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March 29, 2016 4 comments Columns
copyright takedown notice by Andrew Allingham (CC BY 2.0) https://flic.kr/p/bw9zNC

Why the TPP Creates a Backdoor Copyright Takedown System in Canada

The 2012 Canadian copyright reform law featured several “made in Canada” provisions that the Conservative government touted as striking a better balance than rules found elsewhere. At the top of the list was the notice-and-notice system for Internet providers.  Minister James Moore (then of Canadian Heritage and later Industry) specifically cited the Canadian system as an example of how Canada had “rejected the American style approaches on massive parts of our legislation.” Yet a close reading of the leaked version of the Trans Pacific Partnership intellectual property chapter suggests that Canada may just have agreed to establish a copyright takedown system.

The preservation of the notice-and-notice was a top copyright priority for the Canadian government, so much so that it caved on copyright term extension and implemented digital lock rules that were widely criticized by the Canadian public. However, the negotiators may have failed to keep a notice-and-takedown system out of Canada. Section I of the copyright chapter creates a U.S. style notice-and-takedown system. The Canadian solution was to create a special annex that provides an alternative to the U.S. approach. While the annex was designed specifically for Canada, it would appear that it fails to prevent copyright takedowns from coming to Canada.

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October 13, 2015 6 comments News
EU-Canada signing ceremony by European Union http://tvnewsroom.consilium.europa.eu/event/eu-canada/eu-canada-signing-ceremony#/gallery/0

Canada – European Union Data Sharing Agreement Sent to EU Court of Justice for Review

Earlier this year, Canada and the European Union announced that they had reached agreement on sharing airline passenger name record data. The data shared includes names, addresses, and credit card numbers of airline passengers. The agreement was signed in June (video of the signing here), but approval from the European Parliament was required. In light of growing privacy concerns, that approval has proven more difficult to obtain than previously anticipated.

Rather than simply grant approval, the European Parliament has narrowly voted to send the agreement to the European Court of Justice for review to ensure that it is compliant with European law including EU treaties and the European Charter of Rights and Freedoms (the final vote was 383 to 271 with 47 abstentions). The resolution notes that the European Data Protection Supervisor (effectively the Privacy Commissioner for the EU) issued an opinion in September 2013 that questioned the necessity and proportionality of agreements to transfer passenger information between jurisdictions. The EDPS opinion features an extensive review of the agreement and raises pointed questions about specific provisions along with numerous recommendations for reform.

The decision means that the Canada – EU data sharing agreement will be delayed by at least one to three years while the court conducts its review. The review will raise several important privacy issues including the effectiveness of exchanging passenger information in combating terrorism and the state of Canadian privacy law. The European Court of Justice has already struck down the European Data Retention Directive, suggesting that this agreement could also face tough scrutiny.

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December 3, 2014 Comments are Disabled News
TPP opposition chart By Julian Assange and Sarah Harrison https://wikileaks.org/tpp-ip2/attack-on-affordable-cancer-treatments.html

New TPP Leak: Canada Emerges as Leading Opponent of U.S. Intellectual Property Demands

This morning Wikileaks released an updated leaked version of the draft Trans Pacific Partnership intellectual property chapter. The latest leak dates from May 2014 (the previous leak was current to August 2013. I assessed it in posts here, here, here, here and here). The 77-page document provides a detailed look at the proposed chapter, complete with country positions on each issue. While a comprehensive assessment of the chapter will take some time, the immediate takeaway is that the U.S. remains fairly isolated in its efforts to overhaul patent and copyright law around the world with Canada emerging as the leading opponent of its demands.

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October 16, 2014 25 comments News