Post Tagged with: "IP"

Panel Discussion: The Internet, Free Trade, and Transparency: An International Perspective

I participated in a panel titled The Internet, Free Trade, and Transparency: An International Perspective as part of Yale University’s Trade and Transparency in the Internet Age.

The panel was moderated by Margot Kaminski and the other participants were Peter Yu, Ante Wessels. We discussed the impact of WikiLeaks leaking a draft of Anti-Counterfeiting Trade Agreement and parts of the Trans-Pacific Partnership Agreement , another free trade agreement. Both leaks led to considerable public debate over both the content of the agreement and the negotiating process. The leaks, and their policy effects suggest there is a need for discussion of trade and transparency in the Internet Age.

February 10, 2014 — Comments are Disabled — Conferences, Video

Proposed U.S. Ambassador to Canada Pledges More Pressure on Intellectual Property

During the years of debate over Canadian copyright reform, I frequently argued that caving to U.S. demands on issues such as digital locks would not relieve the pressure but rather invite more of the same. While Canada has done much of what the U.S. has asked – digital locks, anti-counterfeiting […]

December 12, 2013 — 7 comments — News

Taking User Rights Seriously: Two Weeks That Changed Canadian Copyright Law

I delivered a keynote speech titled Taking User Rights Seriously: The Two Weeks That Changed Canadian Copyright as part of the 3^rd Global Congress on IP and the Public Interest at the University of Cape Town.

Two weeks changed Canadian copyright for the foreseeable future. In a single day, the Supreme Court of Canada’ ruled on five copyright cases. This was just weeks after the Canadian government passed long-awaited copyright reform legislation. This talk examines the decade-long process that resulted in a seismic shift in Canadian copyright law toward user rights.

December 11, 2013 — Comments are Disabled — Conferences, Keynote Speaking, Video

The U.S. Stands Alone: How the U.S. Is Increasingly Isolated on Intellectual Property Policy

Each April, the U.S. Trade Representative releases the Special 301 report which represents its take on the countries with inadequate intellectual property laws. Inclusion on the report is often framed as an embarrassment as the U.S. seeks to paint those countries as out-of-step with international norms (Canadian officials have rightly dismissed the report as a lobbying document without substantive merit). The latest leaks of country positions on the Trans Pacific Partnership highlight that the opposite is true. It is increasingly the U.S. that is out-of-step with international norms as it seeks to export laws that are widely rejected by most other countries. From its demands for the criminalization of copyright (even in cases of inadvertent infringement) to the prospect of termination of Internet access over allegations of violations, the U.S. approach finds little support among most of its allies. While Canada opposes the U.S. on virtually all remaining IP issues in the TPP, the U.S. is often isolated on each issue, sometimes entirely alone or occasionally supported by one or two other countries.

December 9, 2013 — 12 comments — News

Leaked TPP Text Confirms Countries Had Plenty to Hide

The Trans Pacific Partnership Agreement, a massive proposed trade deal that includes Canada, the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile, has long been the target of criticism owing to the veil of secrecy associated with the draft text. While negotiations have been ongoing for several years, participating countries have steadfastly refused to release the working text that addresses everything from agriculture to copyright, claiming that trade talks must be conducted behind closed doors.

Last week, Wikileaks released a leaked version of the intellectual property chapter, which confirmed that the U.S. hopes to use the agreement to export extreme intellectual property provisions that are out-of-step with international norms. Indeed, the 95-page document validates fears that the real reason for the TPP secrecy is that the negotiating countries have plenty to hide.

My weekly technology law column (Toronto Star version, homepage version) notes that while many of the leaked proposals are cause for concern, the good news is that Canada often finds itself opposing some of the most draconian demands with negotiators promoting Canadian law as a suitable alternative.

November 19, 2013 — 5 comments — Columns