Post Tagged with: "ceta"

Spanish Ambassador to Canada Says IP Obstacle to Trade Deal

The Canadian Press reports that Spain's ambassador to Canada has identified intellectual property rights as a key stumbling block to a Canada – EU Trade Agreement.

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June 7, 2010 3 comments News

CETA Update: EU Pressure on IP Increases

The Department of Foreign Affairs held a briefing call yesterday on the latest round of Canada – European Union Trade Agreement negotiations held last week in Ottawa (talks are actually continuing this week since many European officials were unable to attend due to volcanic ash inspired flight cancellations).  The call was the first I have attended and I think the department should be commended for holding regular briefings that offer a full update on the negotiations.  The CETA approach is in marked contrast to ACTA, where there have been practically no briefings after negotiation rounds.

The CETA intellectual property chapter was discussed during the briefing, with officials noting that EU pressure on this particular issue was increasing.  The EU is apparently concerned with the lack of movement on the IP chapter, which is largely at a standstill.  The EU has demanded wholesale changes to Canada's IP law framework, but negotiators advised that Canada could not respond without guidance from the government.  Part of that guidance is expected to come in the form of the next copyright bill (with iPadlock Minister James Moore pushing for C-61 style lock provisions, the bill would be consistent with EU demands on anti-circumvention rules). 

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April 27, 2010 Comments are Disabled News

Canada – EU Trade Agreement Leaks

This week negotiations continue on the Canada – EU Trade Agreement. I've previously posted a copy of the CETA Intellectual Property chapter.  Yesterday, nine other chapters leaked, including the telecommunications chapter.

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April 20, 2010 1 comment News

Trade Law Perspective on CETA

Cyndee Todgham Cherniak provides a trade law perspective on the latest CETA leak, noting that it is so far reaching that it may be inconsistent with the trade promotion goals of the agreement.

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April 2, 2010 Comments are Disabled News

EU Demands Canada Completely Overhaul Its Intellectual Property Laws

Late last year, a draft of the European Union proposal for the intellectual property chapter of the Canada – EU Comprehensive Economic Trade Agreement leaked online.  The leak revealed that the EU was seeking some significant changes to Canadian IP laws.  Negotiations have continued and I have now received an updated copy of the draft chapter, complete with proposals from both the EU and Canada.  The breadth of the demands are stunning – the EU is demanding nothing less than a complete overhaul of Canadian IP laws including copyright, trademark, databases, patent, geographic indications, and even plant variety rights.

While there are some Canadian requests – for example, Canada plays Hollywood North by asking the EU to introduce an anti-camcording provision – virtually all the changes would require Canadian reforms.  In fact, while the Anti-Counterfeiting Trade Agreement garners the bulk of the attention, CETA would actually involve far more domestic change.  In some sections, the EU simply takes its own directives and incorporates them into the treaty.  For example, provisions on the liability of ISPs is taken directly from EU law, including the use of terms such as "information society service" – something that is defined under EU law but is meaningless in Canada. 

Notably, the draft includes many new rights for broadcasters.  These rights form part of a proposed Broadcast Treaty at WIPO that has failed to achieve consensus.  The EU is seeking to build support for the treaty by requiring Canada to implement many new provisions that would give broadcasters a host of new rights and force public places to pay additional fees for carry broadcasts.

Given the magnitude of the proposed changes, the price of a trade agreement is clear.  The EU is effectively demanding that Canada surrender its sovereignty over intellectual property law and policy. Some of the proposed changes in the Intellectual Property chapter (Chapter 20) of CETA include:

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March 29, 2010 69 comments News