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    World Economic Forum Ranks Canada Ahead of US, Japan, UK on IP Protection

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    Monday September 13, 2010
    In recent years, several lobby groups (along with the U.S. government) have worked extremely hard to convince the Canadian public that Canadian intellectual property laws are substandard, leading to claims that investment in Canada is harmed because of our legal framework. Bill C-32 is obviously a response to that pressure, yet a new report from the World Economic Forum - not exactly a group of radical extremists - has found that executives actually rank Canadian intellectual property protection ahead of the United States, the United Kingdom, Japan, and most of Europe.  The WEF's Global Competitiveness Report ranked Canada 13th for IP protection, including anti-counterfeiting measures.  That is ahead of Australia (14th), Norway (16th), United Kingdom (17th), Japan (21st), and the United States (24th).  Moreover, the 13th place rank represents an improvement from 18th last year.

    The number are not scientific.  Rather, they are the result of the World Economic Forum's Executive Survey.  In other words, once we get past the lobby spin about what company's think of Canadian IP laws, the executives themselves rank Canada ahead of the very countries we are told we need to emulate.  None of this suggests that we should not engage in IP reform, including copyright reform.  There is a need for change to Canadian copyright.  But reform should proceed on the basis of the national interest and maintaining the copyright balance, not as a result of the attempts to paint Canada as an international laggard whose reputation is harmed by its legal framework.
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    Spanish Ambassador to Canada Says IP Obstacle to Trade Deal

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    Monday June 07, 2010
    The Canadian Press reports that Spain's ambassador to Canada has identified intellectual property rights as a key stumbling block to a Canada - EU Trade Agreement.
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    USTR's Bully Report Unfairly Blames Canada Again

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    Friday April 30, 2010
    The U.S. government has released its annual Special 301 report in which it purports to identify those countries with inadequate intellectual property laws.  Given the recent history and the way in which the list is developed, it will come as no surprise that the U.S. is again implausibly claiming that Canada is among the worst of the worst.  As a starting point, it should be noted that the Canadian government does not take this exercise particularly seriously.  As an official with the Department of Foreign Affairs once told a House of Commons committee:

    In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts.

    This year's report is particularly embarrassing for the U.S. since it not only lacks in credible data, but ignores the submission from CCIA (which represents some of the world's largest technology and Internet companies including Microsoft, Google, T-Mobile, Fujitsu, AMD, eBay, Intuit, Oracle, and Yahoo) that argued that it is completely inappropriate to place Canada on the list.  The technology giants reminded the USTR that "Canada’s current copyright law and practice clearly satisfy the statutory 'adequate and effective' standard. Indeed, in a number respects, Canada's laws are more protective of creators than those of the United States."

    With respect to the actual data, the USTR report is largely rhetoric rather than reality.  The reality is:


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    Summarizing the USTR's Global IP Complaints

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    Friday April 02, 2010
    PIJIP has pulled out the USTR's IP complaints found in the 2010 National Trade Estimate Report on Foreign Trade Barriers (NTE).  71 countries are targeted for complaint in the report.
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