Post Tagged with: "enforcement"

Why Bill C-11’s Digital Lock Rules May Hurt Copyright Enforcement

The Standing Committee on Industry, Science and Technology, which is continuing its study on intellectual property, received some important evidence last week from an Ottawa firm focused on IP enforcement issues. Harry Page, the CEO of UBM TechInsights, told the committee that Bill C-11 will actually impede the ability to enforce intellectual property rights. Page’s concern is the same as that expressed by businesses, consumer groups, education: overbroad digital lock rules. According to Page:

we have a concern that aspects of the Copyright Act may actually have an unintended consequence with respect to our local technology community and our ability help people in the protection of their intellectual property. Specifically, our concern is that the anti-circumvention provisions could create legal uncertainty where that would actually discourage the use of forensics to detect infringement of other forms of intellectual property. Even though the fact is that the circumvention of those protection measures actually have nothing to do with the copyright material under protection.

While the committee legislation is now passed and will soon be enacted we will continue our pledge to continue to work with the government and the appropriate bodies to ensure that the regulatory language bringing the act into force are clear and precise so they do not hinder the full and forceful protection of Canadian intellectual property and the protection of intellectual property creators and owners in the international marketplace.

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June 12, 2012 10 comments News

Reporting on WIPO IP Enforcement Meeting

As delegates were meeting in Seoul, Korea on ACTA, WIPO was holding an IP enforcement meeting.  Details from KEI and IP Watch.

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November 6, 2009 Comments are Disabled Must Reads

The Electronic Commerce Protection Act – The Enforcement Prohibitions

The Electronic Commerce Protection Act will accomplish little if there is not a real commitment to enforcement.  The enforcement provisions form the bulk of anti-spam bill (my review of the prohibitions here, the effect on the do-not-call list here).  The enforcement part of the bill includes details on who does the enforcing, investigative powers, and penalties associated with anti-spam violations.  The short version is that the CRTC has been given a wide range of investigatory powers, including the power to compel ISPs to preserve transmission data.  Once it concludes its investigation, it can pursue a settlement or bring a notice of violation.  The penalties run as high as $10 million.  There are also smaller roles for the Privacy Commissioner and Competition Bureau as well as provisions to facilitate anti-spam lawsuits.

The more detailed version is:

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April 28, 2009 3 comments News

CRTC to Delegate Do-Not-Call List Enforcement

The CRTC announced yesterday that it plans to delegate enforcement of the do-not-call list. The Commission previously delegated the maintenance of the list itself to Bell Canada.

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January 29, 2008 9 comments Must Reads

Privacy and Expectations

Professor Geist’s regular Toronto Star Lawbytes column (Toronto Star version, HTML backup article, homepage version) contrasts privacy compliance in Canada and the U.S. It argues that while Canada may have enacted comprehensive privacy legislation, there are minimal expectations that the law will be enforced aggressively. It concludes that organizations with […]

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November 17, 2003 Comments are Disabled Columns