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EU Report Says CETA IP Provisions Would Increase Consumer Prices, Royalty Deficit

The European Commission has commissioned a study on the likely economic effects of the proposed Canada – EU Trade Agreement.  The report includes a detailed analysis on the likely effects of the intellectual property provisions in the agreement.  According to the report, those provisions – which come largely as a result of EU demands – would result in more dollars flowing out of Canada and in increased Canadian consumer prices. Moreover, the report acknowledges that the incremental IP reforms are unlikely to increase spending on research and development.  It notes:

Most scientific studies “fail to find evidence of a strong positive response by domestic innovators that could be reasonably ascribed to the effect of stronger IPR.” To clarify, it is undisputable that R&D spending is associated with higher GDP growth and, given current business models, a certain level of IPR protection is essential for investment in innovation and creativity. Incremental IPR reforms in OECD countries, however, do not seem to increase domestic spending in R&D. Some stakeholders interviewed for this study and several academics consider that excessive IPR could actually harm economic growth, even in OECD countries, if their holders can block follow‐on research.

As for the costs of the CETA IP provisions, the report notes that more dollars will flow to Europe, but Canadian IP holders would not see increased revenue flow back.  In fact, it is Canadian consumers that will pay the price with “inflationary pressure” on consumer prices:

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March 16, 2011 6 comments News

Internet Governance Battle Heats Up as Governments Demand Greater Powers

A simmering battle over governance of the Internet is set to take centre stage in California this week as the Internet Corporation for Assigned Names and Numbers (ICANN), a California-based non-profit corporation charged with the principal responsibility for maintaining the Internet’s domain name system, holds one of its regular meetings in Silicon Valley.

My weekly technology law column (Toronto Star version, homepage version) notes that since its creation in 1998, ICANN has faced a wide range of critics – Internet users frustrated at the lack of accountability, business groups concerned that the policy making process is too slow and uncertain, and governments wondering why matters related to the Internet are vested in a private organization and not an entity such as the United Nations.

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March 14, 2011 7 comments Columns

Canada’s Worst Cellphone Bill: The Sequel

CBC’s Marketplace looks at Canada’s worst cellphone bill, examining roaming fees and cancellation charges along the way.

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March 14, 2011 1 comment News

In Defence of a Fair Use Defence

Lucie Guibault of the Institute for Information Law in Amsterdam makes the case for a fair use provision in Europe.

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March 14, 2011 9 comments News

U.S. Intellectual Property Demands for TPP Leak: Everything it Wanted in ACTA But Didn’t Get

With the Anti-Counterfeiting Trade Agreement negotiation concluded, attention is now turning to the Trans Pacific Partnership agreement. The TPP currently includes the US, Australia, Brunei, Chile, New Zealand, Singapore, Peru, Malaysia and Vietnam. Canada has not joined the negotiation, but there have been periodic rumours that wants in (it was […]

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March 11, 2011 20 comments News