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Canada – EU Trade Agreement Reached “In Principle”, Part Two: The Intellectual Property Provisions

Intellectual property was one of the most contentious aspects of the CETA negotiations, with copyright, patents, and geographic indications all sources of concern. A summary of the impact of CETA on each is posted below (additional posts on the need to release the text and the telecom and e-commerce provisions).

Copyright

Early CETA drafts included extensive copyright provisions that would have rendered Canadian copyright law virtually unrecognizable from its current state.  The EU position on copyright changed after two developments in 2012. First, Canada passed long-awaited copyright reform that addressed several concerns, most notably legal protection for digital locks and ISP liability. Second, the EU abandoned many of the remaining demands after the European Parliament voted overwhelmingly in July 2012 to reject Anti-Counterfeiting Trade Agreement, striking a major blow to the hopes of supporters who envisioned a landmark agreement that would set a new standard for intellectual property rights enforcement. â€¨

The resulting copyright provisions appear benign, as the government is claiming that CETA is consistent with current Canadian law:

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October 18, 2013 2 comments News

Canada – EU Trade Agreement Reached “In Principle”, Part One: Now Release the Text

Canada and the European Union this morning formally announced that it they have reached an agreement in principle on the Canada – EU Trade Agreement (CETA) (additional posts on the IP provisions, telecom and e-commerce provisions, and the big win for pharmaceutical companies despite declining Canadian investment in research and […]

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October 18, 2013 Comments are Disabled News

Canadian Government Unveils Its Celebrations-First Agenda

The government’s Speech from the Throne was billed in advance as a “consumers-first” agenda with Industry Minister James Moore talking up initiatives such as tackling wireless roaming fees and the unbundling of cable television packages over the weekend. Yet it turns out the consumers-first agenda is pretty thin: the roaming fee issue may be limited to domestic roaming (an issue that is invisible to many wireless customers), the unbundling will be useful for some though not all television subscribers, and promising enhanced broadband in rural communities is a far cry from committing to universal broadband access for all Canadians by 2015 (other issues such as the anti-digital economy measure of banning extra fees for paper bills is hardly worth mentioning and an airline passenger bill of rights wasn’t mentioned).

Perhaps the real intended focus is a celebration-first agenda as the speech emphasizes that “Canada’s Confederation is worth celebrating.” The government therefore commits to marking the 150th anniversary of the Charlottetown and Quebec conferences, to celebrating the 200th birthdays of Sir George-Étienne Cartier and Sir John A. Macdonald, the centennial of the first world war, and the 75th anniversary of the second world war.

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October 17, 2013 5 comments News

Government to Mandate “Pick-and-Pay” Pricing Option for Television Services

The government’s Speech from the Throne is set for this Wednesday with a “consumer first” agenda reportedly a focal point of the upcoming legislative agenda. Industry Minister James Moore discussed the speech over the weekend, pointing to a range of targets including wireless competition, wireless roaming fees, and the bundling of television channels that forces millions of consumers to purchase channels they do not want. Moore says that the government will require cable and satellite providers to offer a pick-and-pay option to consumers, though it is not clear which legislative tool they will use to do so. I wrote about the forthcoming throne speech last month, pointing to pick-and-pay services as a potential policy reform.

I also wrote about the benefits of a pick-and-pay system last year, arguing that the “broadcast community has long resisted a market-oriented approach that would allow consumers to exercise real choice in their cable and satellite packages, instead demanding a corporate welfare regulatory framework that guarantees big profits and mediocre programming.” This is particularly true of Bell Media, Canada’s largest media company that has been among the most vocal in opposing consumer choice. In a hearing before the CRTC that focused on consumer choice, Bell said that “we are dreadfully fearful of a penetration decline that would wipe out revenues that are necessary to support the obligations of these services.” It reiterated its opposition when asked directly, claiming “there will be a potentially dramatic penetration drop, and hence volume drop and hence revenue drop, as repackaging moves along the continuum to, you know, set packaging all the way to standalone.”

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October 15, 2013 14 comments News

Government Launches Consultation on Rules for ISP Notice-and-Notice System Amid Shift in Priorities

Industry Canada and Canadian Heritage launched a consultation yesterday on the rules associated with the Internet service provider notice-and-notice system that was established in Bill C-11, the copyright reform bill enacted in June 2012. Responses to the consultation are due by November 8, 2013. Most of the bill took effect in November 2012, but the government delayed implementation of the ISP rules, with expectation of a consultation and regulations to follow. It has taken nearly a full year, but the consultation was sent to undisclosed stakeholders with the promise to bring the notice-and-notice system into effect “in the near future.”

The notice-and-notice system allows copyright owners to send infringement notices to ISPs, who will be legally required to forward the notification to their subscribers. If an ISP fails to forward the notifications, it must explain why or face the prospect of damages that run as high as $10,000. ISPs must also retain information on the subscriber for six months (or 12 months if court proceedings are launched). Copyright owners may also send notifications to search engines, who must remove content that has been removed from the original source within 30 days. The notices must meet a prescribed form that includes details on the sender, the copyright works and the alleged infringement.

Despite some expectation that the consultation would place several issues on the table – form issues for notices, data retention, and costs for notices among them – the language used in the consultation letter suggests that the government is likely to simply bring the rules as articulated in the law into effect with no further regulations at all. It states:

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October 10, 2013 42 comments News