Post Tagged with: "copyright"

The Trans Pacific Partnership IP Chapter Leaks: Canada Pushing Back Against Draconian U.S. Demands

Wikileaks released an updated version of the secret Trans Pacific Partnership intellectual property chapter this morning (background on the TPP from my appearance before the House of Commons Standing Committee on International Trade earlier this year). The leaked text, which runs 95 pages in length and is current to August 2013, provides a detailed look not only at the chapter – it includes the full text – but also the specific positions being taken by all negotiating countries.

From a Canadian perspective, there is good news and bad news. The good news is that Canada is pushing back against many U.S. demands by promoting provisions that are consistent with current Canadian law. Canada is often joined by New Zealand, Malaysia, Mexico, Chile, Vietnam, Peru, and Brunei Darussalam. Japan and Singapore are part of this same group on many issues. Interestingly, Canada has also promoted Canadian-specific solutions on many issues. The bad news is that the U.S. – often joined by Australia – is demanding that Canada rollback its recent copyright reform legislation with a long list of draconian proposals.

It is instructive to see how different the objectives of the U.S. are on intellectual property when compared to virtually all other countries. With the exception of the U.S., Japan, and Australia, all other TPP countries have proposed an objectives article (Article QQ.A.2) that references the need for balance, promotion of the public domain, protection of public health, and measures to ensure that IP rights themselves do not become barriers to trade. The opposition to these objective by the U.S. and Japan (Australia has not taken a position) speaks volumes about their goals for the TPP.

November 13, 2013 — 15 comments — News

Fake Feta: Digging into the Intellectual Property Details of the Canada – EU Trade Agreement

The Canadian government released a technical summary of the Canada – EU trade agreement (CETA) yesterday, which provides further details on the draft agreement (tabling a summary of the treaty is a strange exercise and the government needs to release the full text). Within the summary, there are some further details on the intellectual property issues that were not highlighted in the initial releases.

First, while the emphasis on cheese and the dairy industry has focused on increasing the amount of European cheese that can be sold in Canada, the agreement also contains some notable new restrictions on the sale and marketing of cheese in Canada more generally. Under the umbrella of geographic indications protections, Canada has agreed to new limitations on several well known cheeses including asiago, feta, fontina, gorgonzola, and munster. Existing Canadian producers can continue to use these names, but that’s it – any future cheese makers will need to qualify the title by using words such as “imitation” or “style”. This is a significant concession that effectively gives rights to existing producers on what many consumers would view as generic names.

October 30, 2013 — 6 comments — News

EU Assures that CETA Does Not Contain ACTA Copyright Rules

While the Canadian government provided few details on the copyright rules in the Canada – EU Trade Agreement (largely emphasizing that CETA is consistent with recent copyright reforms), the European Commission posted an updated fact sheet on the issue. The European document focuses on the Anti-Counterfeiting Trade Agreement, providing assurances that CETA does not contain ACTA provisions with respect to Internet providers or criminal copyright provisions. The document, which appears to be a re-release of a year-old document, states:

October 21, 2013 — 3 comments — News

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).

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:

October 18, 2013 — 2 comments — News