Archive for November, 2013

The Trans Pacific Partnership IP Chapter Leaks: Canada Would Face Copyright Term Extension

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter continues with a look at the term of copyright (earlier posts highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, […]

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November 18, 2013 9 comments News
Feta tins with plants by Sean O'Sullivan (CC BY-NC 2.0) https://flic.kr/p/6Vz2W7

The TPP IP Chapter Leaks: TPP and CETA May Conflict on Geographical Indications

My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, as well as anti-counterfeiting provisions that are inconsistent with Bill C-8. This post discusses the section on protection for geographical indications and explains how U.S. demands conflict with Canada has already agreed to in the trade agreement with Europe (CETA).

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November 15, 2013 7 comments News

The TPP IP Chapter Leaks: U.S. Demanding Overhaul of Canadian Anti-Counterfeiting Bill

The leak of the Trans Pacific Partnership intellectual property chapter confirms that the many concerns about the agreement were well-founded. My earlier posts highlighted Canada’s opposition to many U.S. proposals and U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring. This post focuses on some of the anti-counterfeiting requirements in the TPP.  The anti-counterfeiting issue is particularly relevant from a Canadian perspective because the government has proposed significant new anti-counterfeiting measures in Bill C-8, which is currently at second reading in the House of Commons and being studied by the Industry Committee. If the U.S. border measures demands are included in the TPP, Bill C-8 would be wholly inadequate to meet Canada’s new treaty obligations.

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November 15, 2013 4 comments News

The Trans Pacific Partnership IP Chapter Leaks: The Battle Over Internet Service Provider Liability

The leak of the Trans Pacific Partnership intellectual property chapter generated global coverage as full access to the proposed text provided a wake-up call on U.S. demands and the clear opposition from many TPP countries. My first post highlighted Canada’s opposition to many U.S. proposals, but nowhere is that more evident than in the section on Internet service provider liability. In fact, ISP liability in the TPP is shaping up to be a battle between Canada and the U.S., with countries lining up either in favour of a general notification obligation (Canada) or a notice-and-takedown system with the prospect of terminating subscriber Internet access and content blocking (U.S.).

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November 14, 2013 14 comments News

Canadian Anti-Spam Regulations Coming Within the Next Few Weeks

Barry Sookman reports that a CRTC official advised a conference that the Industry Canada anti-spam regulations are now final and should be publicly available in about two weeks. The law will come into force in 2014.

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November 14, 2013 3 comments News