Post Tagged with: "patents"

A 1950's era Canada Customs cap was purchased at the Cookstown ON Antique Centre by antefixus21 (CC BY-NC-ND 2.0) https://flic.kr/p/jCvuNY

Just Passing Through: Why Canadian Anti-Counterfeiting Law Should Not Permit In-Transit Shipment Searches

As Canadian officials prepare for the forthcoming NAFTA renegotiation, changes to Canada’s border measures provisions seem likely to surface as a U.S. demand. Late last month, the USTR released its annual Special 301 report and the issue of Canadian anti-counterfeiting law – in particular, the absence of provisions to allow for the search of in-transit shipments that are not bound for Canada – topped the list of concerns. The U.S. report states:

The United States remains deeply concerned that Canada does not provide customs officials with the ability to detain, seize, and destroy pirated and counterfeit goods that are moving in transit or are transshipped through Canada. As a result, the United States strongly urges Canada to provide its customs officials with full ex officio authority to address the serious problem of pirated and counterfeit goods entering our highly integrated supply chains.

The U.S. position has garnered some support in Canada. For example, a recent Globe and Mail editorial urged the government to change the 2014 anti-counterfeiting law by granting customs agents the power to search and seize shipments that are not bound for Canada.

Read more ›

May 11, 2017 1 comment News
16th EU-Canada Summit, 30 October 2016 by European External Action Service (CC BY-NC 2.0) https://flic.kr/p/Nz8q9J

CETA Implementation Bill Provides Reminder of the IP Cost in the Canada – EU Trade Deal

The Canadian government moved quickly from signing the trade agreement between Canada and the European Union on Sunday to tabling Bill C-30, the CETA implementing legislation, on Monday. While most of the attention has focused on the political issues surrounding CETA in Europe and the potential gains for Canadian exporters due to tariff reductions, the implementing bill provides a reminder that there are significant costs associated with CETA that have generated far less discussion. In fact, the majority of the 140-page bill features changes to Canada’s intellectual property rules, requiring changes that largely serve European interests.

Mandated reforms to patent protections (in the form of term restoration provisions) and the expansion of protections for dozens of European geographical indications was always part of the price to be paid for CETA. There were concerns expressed throughout the negotiations on both issues.  Geographic indications rules grant protections to foods widely produced around the world and establish new marketing and naming restrictions on Canadian food producers.  Meanwhile, the patent term restoration provisions are likely to increase health care costs in Canada by delaying the availability of generic pharmaceuticals due to the extension in the term of protection for patented pharmaceuticals.

Read more ›

November 1, 2016 5 comments News
President Schulz meets Minister Freeland by Martin Schulz (CC BY-NC-ND 2.0) https://flic.kr/p/Mz3yij

The Devil is in the Details: Why CETA is on the Verge of Collapse

The seeming collapse of the trade agreement between Canada and the European Union (CETA) has created obvious disappointment for International Trade Minister Chrystia Freeland and the entire Canadian government, which made the deal as its top trade issue. Efforts to salvage CETA will undoubtedly continue, but my Globe and Mail column points out that the underlying problem with the agreement is not the complicated European political system that requires support from all member states.

Rather, it is the expansion of trade negotiations from agreements that once focused primarily on tariff reductions to far broader regulatory documents that now mandate domestic legal reforms and establish dispute resolution systems that can be result in huge liability for national governments. This enlarged approach to trade deals, which can also be found in the controversial Trans Pacific Partnership (TPP), run the risk of surrendering domestic policy choices to other countries or dispute tribunals.

If CETA were limited to tariff reductions, it would be relatively uncontroversial. The discomfort with the agreement lies instead in the mandated changes to domestic regulations and the creation of investor – state dispute settlement mechanisms that may prioritize corporate concerns over local rules.

Read more ›

October 25, 2016 2 comments Columns
Troll under the Bridge by ngader (CC BY 2.0) https://flic.kr/p/miZWe

Canada’s Innovation Strategy Must Stop Tech Trolls

Developing a national innovation strategy has been a top priority of Navdeep Bains, Canada’s Minister of Innovation, Science and Economic Development. Bains has created an expert panel, held meetings across the country, and launched a public consultation in the hope of identifying policies that might enhance Canada’s lacklustre innovation record.

While some have used the consultation to call for expanded intellectual property rules, the reality is that Canada already meets or exceeds international standards. The more pressing innovation issue is to address the abuse of intellectual property rights that may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market.

My technology law column (Toronto Star version, homepage version) notes the benefits of an anti-IP abuse law could be used to touch on the three main branches on intellectual property: patents, trademarks, and copyright.

Read more ›

August 16, 2016 2 comments Columns
Innovation House by Michael Coghlan (CC BY-SA 2.0) https://flic.kr/p/aYb4b8

Why an Australian Study Could Provide Canada with an Innovation Roadmap

From the moment that the Liberal government renamed Industry Canada as Innovation, Science, and Economic Development it sent a clear signal that innovation is a top policy priority. Indeed, in recent months Minister Navdeep Bains has repeatedly called for bold policies focused on addressing Canada’s dismal innovation record.

My weekly technology law column (Toronto Star version, homepage version) notes that while the specifics of the Canadian innovation policy have yet to be revealed, a recent Australian government backed study provides a potential roadmap. The Australian Productivity Commission, which functions as an independent “think tank” for the government, released a 600 page draft report in April that proposes a myriad of changes to its intellectual property system.

The government asked the Commission to report back on whether the current legal frameworks “ensure that the intellectual property system provides appropriate incentives for innovation, investment and the production of creative works while ensuring it does not unreasonably impede further innovation, competition, investment and access to goods and services.” The result is a comprehensive report based on hundreds of submissions and consultations representing a broad range of views.

Read more ›

June 6, 2016 Comments are Disabled Columns