The U.S. released its annual piracy watch list last week, elevating Canada to the priority watch list alongside countries such as China and Russia. If that sounds implausible, that’s because it is. The U.S. has long used its annual report on IP issues to exert pressure on other countries and this year is no different. Indeed, with the IP chapter still unresolved in the NAFTA negotiations, the decision to elevate Canada appears to be an obvious effort to place negotiators on the defensive. In doing so, the U.S. has further undermined the credibility of a review process that is widely recognized as little more than a lobbying exercise.
Archive for April, 2018
Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection
Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited intellectual property strategy Thursday by responding to the need to increase IP awareness, develop new IP tools for businesses, and counter IP misuse that harms both consumers and businesses. The plan to introduce new legislative rules to discourage misuse of intellectual property is particularly noteworthy since the rules should help foster a more progressive, balanced, and innovative legal framework.
My Globe and Mail op-ed notes that with proposed reforms to all of Canada’s main IP statutes, the government is taking the lead in combating the dark side of intellectual property protection. Since abuse of intellectual property rights may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market, crafting rules that address misuse can be as important as providing effective protection.
Canadian Music Industry Seeks New Fees, Content Blocking, and Right to Renegotiate Deals Despite Generating Record Digital Revenues
The global music industry released its annual report this week with data that shows an industry successfully transitioning to digital services. The Canadian market is particularly strong as revenue growth far exceeds global averages. Despite the success, behind the scenes the industry is calling on the government to implement radical copyright reforms that include creating new levies to cover smartphones, requiring Internet providers to block services and report activity back to the industry, and even the power to require renegotiation of commercial deals it no longer thinks are fair.
Quebec Writers Group Calls for an End to Copyright Exceptions: “Only Where Access is Otherwise Impossible”
The Standing Committee on Industry, Science and Technology continues its year-long review of copyright this week with a mix of witnesses from education, libraries, writers, and publishers. The Union des écrivaines et des écrivains québécois (UNEQ), which represents Quebec-based writers, appeared yesterday and submitted a brief to the committee with its key recommendations. There are several that will attract attention, including increased damages and an expansion of the private copying levy to cover e-readers, hard drives, and USB keys (a recommendation that may stem from a misunderstanding of the levy which is only for music). However, the most troubling is how the group takes aim at copyright user’s rights.
Government Response Suggests No Appetite for Canadian Anti-Spam Law Reform
The government released its response to the House of Commons study on Canada’s anti-spam law this week and while one report suggested that reforms are coming, the reality is that there appears to be little appetite for significant change. I wrote about the law’s effectiveness and appeared before the committee as part of the study. The committee report stopped short of calling for an anti-spam law overhaul, instead recommending clarifications of several provisions in the law.
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The Law Bytes Podcast, Episode 221: Inside My Canadian Heritage Committee Appearance on Freedom of Expression 
When Antisemitism Isn’t Taboo: Reflecting on the Response to Nazi-Era Hate on the Streets of Montreal 
The Law Bytes Podcast, Episode 220: Marina Pavlović on the CRTC’s Plans to Address Consumer Frustration Over Wireless Contracts 
Protecting Freedom of Expression: My Heritage Committee Appearance on the Chilling Effect of Antisemitism
