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The CETA Leak: Major Outstanding Issues Remain in an Unbalanced Deal

As International Trade Minister Ed Fast returns from negotiations in Europe that failed to secure a deal on the Canada – EU Trade Agreement, newly leaked documents to the CAQ and posted by LaPresse provide a detailed look at the remaining outstanding issues with details on the Canadian and European positions. The documents (1, 2, 3, 4) make it clear that the EU recognizes the deal is unbalanced as there are far more demands for Canadian changes than European ones. The EU retains the hope that Canada will cave on the EU demands since “the EU market to which it gains preferential access is much larger than its own.”

This ranks as perhaps the most important CETA leak to date, since it clearly identifies the key remaining issues, the European demands, and the massive changes that would be required for Canada to comply with the treaty.  Some of the changes demanded by Europe include patent reform that could add billions to Canadian health care costs, the removal of foreign ownership restrictions on telecommunications and book publishing, the opening of public procurement for the energy and public transport sectors, eliminating Investment Canada Act review for European investments, new restrictions on the sale of a myriad of products such as feta and parmesan cheese, changes to agricultural protections (ie. supply management), and the adoption of European standards on passenger cars. This would require dramatic changes across the Canadian economy, all for what even the Europeans acknowledge are limited gains for Canada.

Given what is at stake, there needs to be an open debate and consultation before an agreement is reached (which is no longer a certainty) and Canada should be considering whether a scaled down version of CETA – one that focuses primarily on a reduction of tariffs for trade in goods – is a better model. A closer look at the some of the remaining issues is posted below.

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November 26, 2012 9 comments News

No Deal (Yet) on Canada – EU Trade Agreement

Canada’s International Trade Minister Ed Fast traveled to Brussels this week hoping to secure a deal on the Canada – EU Trade Agreement. It looks like he’ll be coming home empty handed as the EU has issued a release indicating that there are still gaps on key issues. The EU’s […]

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November 23, 2012 1 comment News

Canadian Broadcasters Seek Overhaul of Radio Copyright Fees Post-C-11 & Fair Dealing Decisions

The Canadian Association of Broadcasters has applied to the Copyright Board of Canada for a radical overhaul of the current fees paid by radio stations for commercial radio reproduction of music. The CAB argues that in light of copyright reforms in Bill C-11 and the Supreme Court of Canada’s rulings on fair dealing, there is no legal basis for several tariffs proposed by CMRRA-SODRAC (CSI), AVLA, and ACTRA and that the rate on earlier approved tariffs should be significantly reduced.

The CAB position on the impact of the law is that:

The result of the changes to the Copyright Act made by the Copyright Modernization Act, when combined with the fair dealing right as applied in ESA, is to eliminate or significantly reduce the liability of radio broadcasters for the reproductions made by them in the course of their broadcasting activities. Even the reproduction collectives agree that the legislative changes alone will eliminate most liability of radio broadcasters for reproductions of music. 

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November 20, 2012 4 comments News

U.S. Republican Study Committee Releases Progressive Copyright Document Only To Withdraw Hours Later

The story of the weekend was the publication by the U.S. Republican Study Committee of a progressive report on copyright, only to withdraw the paper hours later (coverage from Techdirt (1, 2), Volokh Conspiracy, the American Conservative, Politico, CNET, and Macleans). The paper – which can still be found online […]

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November 20, 2012 4 comments News

Canada To Support Concept of a WIPO Treaty for the Visually Impaired

Howard Knopf reports that the Canadian delegation to the World Intellectual Property Organization Standing Committee on Copyright, which is meeting in Geneva this week, will endorse the concept of an international treaty for the visually impaired.

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November 20, 2012 Comments are Disabled News