News

CETA Update, Part One: Political Decision on Pharma Patents in the Fall

Steve Verheul, the lead Canadian negotiator for the Canada – EU Trade Agreement, provided an update on the CETA negotiations last week on a call with civil society groups. I will provide an update on the link between CETA and ACTA in part two tomorrow. This post highlights several additional details coming out of the call. First, new rounds of negotiations are scheduled for September 17 – 21 in Ottawa, followed by a round of negotiation in Brussels from October 15 – 26. Both sides say they remain hopeful that an agreement will be reached by the end of the year, though the call highlighted many ongoing areas of disagreement.

Second, when asked about the lack of transparency associated with CETA, Verheul confirmed that both the EU and Canada oppose the release of the text until the agreement is concluded. He argued that the draft text may create an inaccurate picture of where the negotiations stand and that the most difficult issues are often addressed via face-to-face discussions rather than with the exchange of text.

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August 8, 2012 3 comments News

TPP Fair Use Proposal Leaks Raising Concerns About New Restrictions

KEI has posted a leaked version of the U.S. fair use proposal for the Trans Pacific Partnership. The leak raises significant concerns about the language that may create new restrictions. It also highlights a divide among TPP countries (Canada has yet to participate in the negotiations) with Australia supporting the […]

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August 7, 2012 2 comments News

French Culture Minister Says Three Strikes Law Disproportionate

France’s new culture minister has sent a strong signal that HADOPI, the agency responsible for administering the country’s three strikes and you’re out law, has been a failure. Aurelie Filippetti says she plans to slash funding for HADOPI, noting that it has failed to develop legal alternatives and that suspension […]

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August 7, 2012 2 comments News

How the Supreme Court of Canada Doubled Down on Users’ Rights in Copyright

I’ve posted several pieces on the recent Supreme Court of Canada copyright decisions, including an immediate overview, a piece on why Canada has shifted to fair use, an analysis of the inclusion of a technological neutrality principle, a discussion on the implication for Access Copyright, and a high level look at the key issues. This final post in the series tries to provide a broader context for what just occurred as the decisions mark the culmination of a ten year transformation of copyright at Canada’s highest court. Over the years, many have expressed doubts about this transformation, yet these five cases should put to rest the debate over whether a balanced analysis of the Copyright Act that prioritizes both creator and user rights has been entrenched in Canadian copyright law.

The shift began in 2002 with the Theberge decision, in which Justice Binnie for the majority discussed the copyright balance:

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July 23, 2012 6 comments News

Copyright Board Begins to Life After Supreme Court Rulings

Barry Sookman reports that the Copyright Board of Canada has issued an order to parties in the satellite radio services case to address the implications of the recent Supreme Court of Canada copyright decisions. It notes that “given the reasons of the majority in Alberta (Education) v. Canadian Copyright Licensing […]

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July 23, 2012 2 comments News