The Standing Committee on Industry, Science and Technology released its report on the Intellectual Property Regime in Canada yesterday. The report is the result of lengthy hearings that focused on a wide range of IP issues including patent reform, trademarks, counterfeiting, and pharmaceutical protection. While most the recommendations are fairly innocuous - the committee identifies many issues for further study - there are essentially three main legislative reform recommendations. One involves limiting the scope of official marks, which appears to be the result of comments from Dalhousie law professor Rob Currie (echoed by CIPO's Sylvain Laporte) expressing concern with governmental abuse of official marks in a way that may stifle innovation.

The other two are particularly interesting as they set the stage for the Canada - EU Trade Agreement and the Trans-Pacific Partnership. First, the report recommends anti-counterfeiting measures similar to those required by CETA and found in Bill C-56.  Should criticism arise over Bill C-56 or CETA, the government will likely point to this report in support. 

The second involves a classic case of policy laundering as the government has manufactured support for CETA and Trans-Pacific Partnership (TPP) provisions that were not even raised at committee.  The report recommends:

Last November, Maclean's columnist Paul Wells wrote a piece on the Canada - EU Trade Agreement in which he expressed doubt about the ability to conclude the deal ("Everybody connected to the negotiations assures me there will be a deal. Every public sign I see makes me think there won’t."). I was skeptical about the prospect of years of negotiations falling apart and expected the political level meetings in November to wrap things up.  They didn't.  Last month, International Trade Minister Ed Fast and his European counterpart Karel de Gucht tried again.  Still no deal.

While Fast wants everyone to believe that momentum is building toward an agreement, it clearly is not. Over the last year, Canada's lead lawyer on the negotiations resigned, Canada's lead agricultural negotiator was re-assigned, and the EU's lead negotiator has added the EU - Vietnam agreement to his responsibilities with rumours that he will head the EU - Japan trade talks. Fast says he won't negotiate the agreement in the media and then proceeds to do exactly that by staking out positions on agriculture and investment. The same business groups that have been lobbying for the deal issue a public letter on the agreement that does little other than promise "future support."

All of this adds up to missed deadline after missed deadline. In 2010, officials said the deal would be completed in 2011.  In early 2011, they said it would be completed by the end of the year.  By late 2011, the deadline had moved to 2012.  Yet it is now 2013 and Fast admitted this week that there may not be an agreement this year. 

Canadian and European officials traded public barbs yesterday over the inability to finalize the Canada - EU Trade Agreement. EU Trade Commissioner Karel De Gucht said unless Canada makes some additional steps, there will be no deal. Canadian officials responded that Europe has yet to meet Canada's core concerns.  The comments come after a ministerial meeting this month was unable to yield an agreement. De Gucht and Canadian International Trade Minister Ed Fast met in Brussels in November 2012, but those talks failed to solve the outstanding issues. The two ministers met again in Ottawa two weeks ago with a similar result.

While officials continue to put a brave face on the talks, the latest comments suggest mounting frustration at the unwillingness of either side to cave on key issues in order to strike a deal. The major remaining issues have been the same for months: agriculture, patent protection for pharmaceutical companies, investor access and protection, public procurement, automotive issues, and cultural protections.  Indeed, these issues were identified years ago as the major areas of disagreement (copyright was initially on this list but the defeat of ACTA removed it as an issue).