Michael Geist

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TIFF by Trish Thornton (CC BY-NC-ND 2.0) https://flic.kr/p/pb25Bb

The TPP’s Impact on Canadian Culture Emerging as Political Issue

Earlier this year, I posted on the cultural implications of the TPP, noting that the agreement represents a departure from trade deals by creating restrictions on Canadian cultural policy. Assuming services such as Netflix argue that any mandated Cancon contribution is discriminatory if they do not also receive the benefits accorded to established broadcasters or broadcast distributors, the TPP will effectively ban applying Cancon contributions to exempt entities.

Now it appears that the implications of the TPP for Canadian cultural policy are beginning to attract attention. Question period in the House of Commons featured the following exchange this week:

June 8, 2016 — 6 comments — News

CETA_16-06-05_01 by campact (CC BY-NC 2.0) https://flic.kr/p/HKo2sR

Industry Canada to Foreign Affairs After CETA Leaks: Can We Get a Copy of the Text?

As the Canada – EU Trade Agreement faces mounting opposition in Europe, it is worth looking back at the late stages of CETA negotiations that occurred after an October 2013 announcement that a deal had been reached. That announcement did not include a release of the text, which was still the subject of months of negotiations. In fact, long after the initial announcement, there were reports that European concerns with investor-state dispute settlement provisions were about to derail the entire agreement. By July 2014, it was obvious that CETA was in jeopardy. In August 2014, there were more assurances from the Canadian government about an agreement, but still no text. That same month, the agreement finally did become public, but only after a German public television leaked it online.

Documents obtained under the Access to Information Act show that Canadian government officials scrambled to respond. While the official line will be familiar – “Canada does not comment on the leaks of purported negotiating texts” – internally, officials were left scrambling as the agreement leaked in real time. In fact, after learning that additional appendices and materials had leaked online, Canadian official joked that “they’re scanning as fast as they can.”

June 7, 2016 — Comments are Disabled — News

Innovation House by Michael Coghlan (CC BY-SA 2.0) https://flic.kr/p/aYb4b8

Why an Australian Study Could Provide Canada with an Innovation Roadmap

From the moment that the Liberal government renamed Industry Canada as Innovation, Science, and Economic Development it sent a clear signal that innovation is a top policy priority. Indeed, in recent months Minister Navdeep Bains has repeatedly called for bold policies focused on addressing Canada’s dismal innovation record.

My weekly technology law column (Toronto Star version, homepage version) notes that while the specifics of the Canadian innovation policy have yet to be revealed, a recent Australian government backed study provides a potential roadmap. The Australian Productivity Commission, which functions as an independent “think tank” for the government, released a 600 page draft report in April that proposes a myriad of changes to its intellectual property system.

The government asked the Commission to report back on whether the current legal frameworks “ensure that the intellectual property system provides appropriate incentives for innovation, investment and the production of creative works while ensuring it does not unreasonably impede further innovation, competition, investment and access to goods and services.” The result is a comprehensive report based on hundreds of submissions and consultations representing a broad range of views.

June 6, 2016 — Comments are Disabled — Columns

MY NEW CANADA POST MAILBOX by Michael (CC BY 2.0) https://flic.kr/p/7xSnSd

Canada Post Drops Lawsuit Over Crowdsourced Postal Codes

Geocoder, the Ottawa-based company that managed to develop a database of postal codes using crowdsourcing techniques, has settled a controversial lawsuit brought by Canada Post. Canada Post sued in 2012 claiming intellectual property rights in postal codes. Geocoder did not copy the postal codes, however. Instead, it used crowdsourcing to develop a database containing over one million Canadian postal codes after asking people to submit their postal codes with their address. The database is freely available under a Creative Commons licence and is enormously valuable for organizations that need access to the data but are unable to pay the steep fees levied by Canada Post. While many open data advocates have long argued that this information should be available under government open data initiatives, Canada Post has steadfastly refused.

June 3, 2016 — 20 comments — News

TPPA 2016-35 by Dominic Hartnett (CC BY-NC-ND 2.0) https://flic.kr/p/DJqcvG

Canadian Government’s Internal TPP Analysis: IP Rules Much Broader Than Any Canadian FTA

Supporters of the TPP have been at pains to argue that the agreement is largely business as usual, reflecting standards and approaches that are already commonly found in existing Canadian law and agreements. Yet according to a document obtained under the Access to Information Act, that is not how government officials describe the TPP in their own analysis. Internal analysis drafted in late August 2015 shows officials described the IP chapter as covering “a much broader scope of issues than any recent Canadian FTA” and noting that the TPP goes beyond agreements such as TRIPS and NAFTA.

Indeed, here is how the IP chapter was described by Canadian officials weeks before an agreement was formally concluded:

June 2, 2016 — 2 comments — News