Harper Government Highlights Widespread Benefits to British Columbia of Historic Canada-EU Trade Agreement by DFATD | MAECD (CC BY-NC-ND 2.0) https://flic.kr/p/hnn8jC

Harper Government Highlights Widespread Benefits to British Columbia of Historic Canada-EU Trade Agreement by DFATD | MAECD (CC BY-NC-ND 2.0) https://flic.kr/p/hnn8jC


Submissions on Canada-EU Trade Deal: Canadian Generic Pharma Assoc. Wants IP Out

Continuing the review of submissions to DFAIT regarding the Canada-EU Trade Agreement, the Canadian Generic Pharmaceutical Association warned against the inclusion of any intellectual property provisions: The very fact that both Canada and EU have robust IP systems in place should be a sufficient basis on which to enhance and […]

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January 20, 2010 4 comments News

Submissions on Canada-EU Trade Deal: eBay Canada Warns Against Overbroad IP Provisions

Yesterday I posted on the EU "barrier hymn sheet", a leaked document that discloses EU negotiating strategy on the Canada-EU Trade Agreement IP chapter.  It follows a leaked draft of the EU proposal for the chapter itself, including copyright term extension, anti-circumvention rules, and resale rights.  I also recently obtained a copy of the submission received by the Department of Foreign Affairs as part of its consultation on the proposed agreement.  I'll post highlights from several prominent companies and organizations over the next few days. 

I start with eBay Canada, which clearly has concerns with the proposed agreement and the potential for adverse impacts on Canadian businesses:

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January 19, 2010 3 comments News

EU’s IP Negotiating Strategy With Canada Leaks: Calls 2009 Copyright Consult a “Tactic to Confuse”

Canada and the European Union resume negotiations on a Canada-EU Trade Agreement (CETA) this week.  The second round of talks comes as the EU's proposed chapter for the intellectual property provisions leaked last month, revealing demands for dramatic changes to Canadian intellectual property law.  This would include copyright term extension (to life of the author plus 70 years), anti-circumvention rules, resale rights, and ISP liability provisions.

Now a second document has leaked, though it is not currently available online.  The Wire Report reports that an EU document dated November 16, 2009, features candid comments about Canada and the EU strategy.  The document, called a "Barrier Hymn Sheet" leaves little doubt about the EU's objective:

Put pressure on Canada so that they take IPR issues seriously and remedy the many shortcomings of their IPR protection and enforcement regime.

Having viewed the document, I can report that it goes downhill from there, promoting the key message that Canadian laws are inadequate, while liberally quoting a report from the Canadian IP Council and discredited counterfeiting data. 

The document states that the trade negotiations are a "unique opportunity [for Canada] to upgrade its IPR regime despite local anti-IPR lobbying."  It includes an assessment of recent copyright reform efforts, noting that two bills have died due to "political instability." The document adds that the copyright reform process was revived in 2009 with the national copyright consultation, but notes dismissively it may have been a "tactic to confuse."

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January 18, 2010 22 comments News

Canada – EU Trade Agreement Negotiations Resume Next Week

Troy Media reports on the ongoing Canada – EU Trade Agreement negotiations.  Leaked documents indicate that there are signficant intellectual property demands from the Europeans.  Negotiations resume in Brussels on January 18th.

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January 11, 2010 Comments are Disabled Must Reads

Public Domain Day 2010

Wallace McLean posts his annual list of authors whose works enter into the public domain in Canada this year.  There is additional coverage of public domain day here and here.  The issue should resonate particularly strongly this year, given the news that the European Union is demanding that Canada extend […]

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January 1, 2010 Comments are Disabled Must Reads