To the surprise of absolutely no one, the U.S. has again placed Canada on its
Special 301 Priority Watch List, implausibly claiming that Canada’s intellectual property laws are seriously deficient and on par with countries such as China and Russia. The U.S. “analysis” is short and to the point:
Canada remains on the Priority Watch List. The United States continues to urge Canada to implement its previous commitments to improve its legal framework for IPR protection and enforcement. Unfortunately, Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful. The United States encourages Canada to make the enactment of copyright legislation that addresses the challenges of piracy over the Internet, including by fully implementing the WIPO Internet Treaties, a priority for its new government. The United States encourages Canada to provide for deterrent-level sentences to be imposed for IPR violations, as well as to strengthen enforcement efforts, including at the border. Canada should provide its Customs officials with ex officio authority to effectively stop the transit of counterfeit and pirated products through its territory. U.S. stakeholders have also expressed strong concerns about Canada’s administrative process for reviewing the regulatory approval of pharmaceutical products, as well as limitations in Canada’s trademark regime. The United States appreciates the high level of cooperation between the Canadian and U.S. Governments, and looks forward to continuing engagement on these important issues.
So Canada – a country with intellectual property protections that have been ranked ahead of the U.S., has many copyright rules more restrictive than the U.S., and digital markets growing faster than the U.S. – is once again placed by the U.S. on the watch list while other countries with similar laws are not.
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