tpp why so secret? by Public Citizen (CC BY-NC-SA 2.0) https://flic.kr/p/daKbUD

tpp why so secret? by Public Citizen (CC BY-NC-SA 2.0) https://flic.kr/p/daKbUD

TPP

Stop the TPP by Backbone Campaign (CC BY-NC-SA 2.0) https://flic.kr/p/fKgaBo

Canada Successfully Stands Up For Balanced IP and Canadian Culture in TPP Deal

While the NAFTA negotiations in Montreal were expected to be the lead trade story this week, the Trans Pacific Partnership talks in Tokyo have stolen the show with the remaining 11 countries reaching agreement on a deal that is likely to be signed in March. Canada faced intense criticism last year from some TPP partners (particularly Japan and Australia) over its demands to address concerns with the agreement. That sparked some Canadian business groups to quickly call on the government to simply cave in order to conclude a deal. Global Affairs Minister Chrystia Freeland and International Trade Minister François-Philippe Champagne rightly argued that capitulation is not a negotiating strategy and they now come away with an improved (albeit still flawed) agreement.

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January 23, 2018 9 comments News
IBC CTV Central Equipment Room by Josh Tidsbury (CC BY-ND 2.0) https://flic.kr/p/7E6pXU

Canadian Position on Data Localization Rules in Trade Deals Revealed: Protection for Government Data Only

Data localization rules, which require data to be stored locally, have emerged as an increasingly popular legal method for providing some additional assurances about the privacy protection for personal information. Although heavily criticized by those who fear that it harms the free flow of information, requirements that personal information be stored within the local jurisdiction is an unsurprising reaction to concerns about the lost privacy protections if the data is stored elsewhere. Data localization requirements are popping up around the world with European requirements in countries such as Germany, Russia, and Greece; Asian requirements in Taiwan, Vietnam, and Malaysia; Australian requirements for health records, and Latin America requirements in Brazil. Canada has not been immune to the rules either with both British Columbia and Nova Scotia creating localization requirements for government data.

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December 18, 2017 5 comments News
Reunión de Líderes de APEC - Día 2 by Presidencia de la República Mexicana (CC BY 2.0) https://flic.kr/p/DfSCZ9

Bursting the IP Trade Bubble: Canada’s Position on IP Rules Takes Shape With Suspended TPP Provisions

In the months following the conclusion of the Trans Pacific Partnership, critics pointed to many specific problems in the text with respect to intellectual property, culture, privacy, and dispute resolution. TPP defenders consistently dismissed those concerns, yet last week’s successful Canadian demand to suspend many of the most problematic IP provisions (along with holding out for reforms to the cultural exemption) confirms that the government has recognized the validity of the criticisms. The government may yet cave to U.S. pressure in the NAFTA renegotiation, but it has established a clear position on culture and IP that better reflects the national interest.

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November 16, 2017 1 comment News
APEC Vietnam 2017 http://en.kremlin.ru/events/president/news/56049

No Deal is Better than a Bad Deal: Why Canada Won the TPP By Standing Up for Balanced IP, Culture, and the Auto Sector

The end-game in trade negotiations always generates more than its fair share of drama and last week’s effort to re-work the Trans Pacific Partnership without the United States was no different. Canada was squarely in the spotlight with Prime Minister Justin Trudeau a no-show at a ministerial meeting that was attributed to a scheduling error, but had the hallmarks of gamesmanship designed to demonstrate a willingness to walk away from the deal.

I posted over the weekend on some of the key IP provisions that have been suspended and published an op-ed in the Globe and Mail that argues that the result was a major win for Canada as the government leveraged its position as the second largest economy left in the TPP to extract significant concessions on intellectual property, culture, and the auto sector. Indeed, despite pressure to cave on key demands from the Japanese and Australian governments, Canada stood its ground and is helping to craft a trade deal that better reflects a balanced approach on challenging policy issues.

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November 13, 2017 2 comments Columns
Reject-TPP1 by Leadnow Canada (CC BY-SA 2.0) https://flic.kr/p/HHY8j7

Rethinking IP in the TPP: Canadian Government Plays Key Role in Suspending Unbalanced Patent and Copyright Rules

Years of disappointment in trade negotiations have left many Canadian intellectual property watchers hoping for the best, but expecting the worst when it comes to the IP provisions in trade deals. In earlier talks, Canadian negotiators would often advocate balanced positions during the negotiations, but ultimately cave to (primarily) U.S. pressures during the final round of talks. Given that history, this week’s outcome of the TPP11 is reason for celebration as the second largest economy in the TPP finally acted like it. The Liberal government demonstrated genuine leadership in demanding significant changes to the flawed TPP intellectual property chapter and refusing to back down under intense pressure from some of the negotiating parties. The result isn’t perfect, but the newly named Comprehensive and Progressive Agreement for the Trans Pacific Partnership (CPTPP), which still requires considerable negotiation, features a significantly improved IP chapter that suspends some of the most problematic provisions.

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November 11, 2017 13 comments News