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Monday April 11, 2011 |
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India's Commerce and Industry Minister has stated
that his country will not accept attempts to change global IP policies
outside of international organizations like the World Trade
Organization. The comments arise out of India's ongoing
opposition to the Anti-Counterfeiting Trade Agreement.
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Monday March 21, 2011 |
The Standing Committee on Canadian Heritage has released its report
on CETA and ACTA. The report, which is based on hearings that
featured
Minister Peter van Loan, includes a notable recommendation with respect
to ACTA implementation and future trade negotiations, including the
ongoing Canada - European Union Trade Agreement discussions.
Recommendation #3 states:
The Committee calls on the Government
of Canada to ensure that domestic copyright policies are not part of
any present or future trade negotiations; that Canada’s commitments to
the implementation of the Anti-Counterfeiting Trade Agreement (ACTA)
are limited to the agreement’s focus on combating international
counterfeiting and commercial piracy efforts; and that the Government
of Canada retains the right to maintain domestic copyright policies
that have been developed within the framework of its commitments to the
World Intellectual Property Organization and the Berne Convention.
While the Conservatives dissented from all the report's recommendations
on the basis that it believed the issue should not have addressed by
the committee, this particular recommendation (as well as another one
calling for greater transparency and public input) packs in several
issues. First, it effectively calls for the removal of the copyright
provisions from CETA and from future trade agreements. Even if the
government refuses, this suggests that those provisions could face a
rough ride if an agreement is reached. Second, it rightly seeks to
limit ACTA implementation to counterfeiting and commercial piracy
concerns, which could raise questions about some Internet provisions in
the agreement that are outside that scope. Third, it reaffirms the
flexibility that exists under WIPO and the Berne Convention and the
need for Canada to conform in accordance with our own interests.
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Friday February 25, 2011 |
Wikileaks posted several new ACTA cables earlier this month (1, 2, 3, 4, 5, 6, 7, 8).
Much of the commentary
has focused
on how the U.S. envisioned using ACTA to pressure developing
countries. For example, one cable
- which suggests that ACTA could be concluded in 2006 (a year before
negotiations were even announced) - states:
Arai stressed that we should move as
fast as possible and keep in mind that the intent of the agreement is
to address the IPR problems of third-nations such as China, Russia, and
Brazil, not to negotiate the different interests of like-minded
countries. The new agreement could serve as a yardstick for
measuring the market economy status of countries such as China and
Russia.
Another cable
includes commentary on specifically excluding other international
organizations, with the USTR stressing that the G8 or OECD "might make
it more difficult to construct a high-standards agreement."
From a Canadian perspective it is worth noting that the Japanese
proposed keeping Canada out of the initial negotiating group.
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Friday January 28, 2011 |
Next week, the Standing Committee on Canadian Heritage will begin hearings
on the Anti-Counterfeiting Trade Agreement. The hearing are long
overdue as many other countries have held hearings or other
consultations on the agreement. The ACTA hearings come just as
the
issue heats up around the world:
- An ACTA
analysis conducted by European law professors that concludes the
agreement is not fully consistent with EU law.
- A report
from a meeting this week with European ACTA negotiators, who dismissed
the concerns raised by the European law professors.
- Margot Kaminski offers an excellent
review of the evolution of the agreement, particularly the changes
that occurred during the negotiating rounds in 2010.
- A position
statement
on ACTA from pharmaceutical giant GlaxoSmithKline, which welcomes the
agreement but expresses disappoinment in the de minimus clause and the
absence of a requirement for customs authorities to reveal all
information about an alleged infringement to the rights holder.
Peter Van Loan, the Minister of International Trade, along with ACTA
and CETA trade negotiatiors will appear before the committee.
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