Post Tagged with: "cptpp"

cloud_computing-1 by Lou Gold (CC BY-NC 2.0) https://flic.kr/p/7PBavj

How Canada Surrendered Policy Flexibility for Data Localization Rules in the USMCA

The digital policy implications of the USMCA have attracted increasing attention as Canadians consider the risks that the agreement could limit future policy flexibility. In particular, the agreement restricts the use of data localization, an increasingly popular legal method for addressing public interest concerns associated with the collection of online information by mandating that data be stored within the local jurisdiction. Restrictions on data localization are not entirely new to Canada, since similar provisions are found in the CPTPP (the successor to the Trans Pacific Partnership). That means that Canada has already agreed to limits on data localization with or without the USMCA. However, the USMCA’s data localization provision differs in a significant way, suggesting that the Canadian government has agreed to an even more restrictive approach than that found in the CPTPP.

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October 10, 2018 4 comments News
read the fine print by unreal estates https://flic.kr/p/bncbwt (CC BY-NC 2.0)

Canada Releases Most of the Updated TPP Text…But the Side Letters Are Still Missing

The Canadian government and other TPP partners released the text of most of the CPTPP yesterday. The release contained few surprises as the TPP remains intact and a new annex identifies the suspended provisions. The list of suspended provisions was revealed several months ago and is particularly notable for the suspension of IP provisions such as copyright term extension, patent term adjustment, technological protection measures, biologics protection, and Internet safe harbour rules.

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February 21, 2018 5 comments News
TPP townhall by @CommerceCanada https://twitter.com/CommerceCanada/status/743239245188435968

When Consultations Count: Why the TPP is a Reminder of the Value of Speaking Out

In June 2016, I appeared at one of the government’s public town hall meetings on the TPP.  Alongside then-International Trade Minister Chrystia Freeland (now Global Affairs minister), C.D. Howe’s Daniel Schwanen, and Unifor’s Jerry Dias, I had the chance to raise concerns with the TPP’s IP and e-commerce provisions and then hear from dozens of people who raised a wide range of issues. The town hall was part of a broad public consultation that was frequently derided by critics as a stalling tactic, yet the impact of the consultation was felt with yesterday’s announcement of a deal on a slightly re-worked TPP that includes suspension of many of the most controversial IP provisions.

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January 24, 2018 2 comments News
Reunión de Líderes de APEC - Día 2 by Presidencia de la República Mexicana (CC BY 2.0) https://flic.kr/p/DfSCZ9

Bursting the IP Trade Bubble: Canada’s Position on IP Rules Takes Shape With Suspended TPP Provisions

In the months following the conclusion of the Trans Pacific Partnership, critics pointed to many specific problems in the text with respect to intellectual property, culture, privacy, and dispute resolution. TPP defenders consistently dismissed those concerns, yet last week’s successful Canadian demand to suspend many of the most problematic IP provisions (along with holding out for reforms to the cultural exemption) confirms that the government has recognized the validity of the criticisms. The government may yet cave to U.S. pressure in the NAFTA renegotiation, but it has established a clear position on culture and IP that better reflects the national interest.

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November 16, 2017 1 comment News
APEC Vietnam 2017 http://en.kremlin.ru/events/president/news/56049

No Deal is Better than a Bad Deal: Why Canada Won the TPP By Standing Up for Balanced IP, Culture, and the Auto Sector

The end-game in trade negotiations always generates more than its fair share of drama and last week’s effort to re-work the Trans Pacific Partnership without the United States was no different. Canada was squarely in the spotlight with Prime Minister Justin Trudeau a no-show at a ministerial meeting that was attributed to a scheduling error, but had the hallmarks of gamesmanship designed to demonstrate a willingness to walk away from the deal.

I posted over the weekend on some of the key IP provisions that have been suspended and published an op-ed in the Globe and Mail that argues that the result was a major win for Canada as the government leveraged its position as the second largest economy left in the TPP to extract significant concessions on intellectual property, culture, and the auto sector. Indeed, despite pressure to cave on key demands from the Japanese and Australian governments, Canada stood its ground and is helping to craft a trade deal that better reflects a balanced approach on challenging policy issues.

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November 13, 2017 2 comments Columns