Post Tagged with: "IP"

The CETA Leak: Major Outstanding Issues Remain in an Unbalanced Deal

As International Trade Minister Ed Fast returns from negotiations in Europe that failed to secure a deal on the Canada – EU Trade Agreement, newly leaked documents to the CAQ and posted by LaPresse provide a detailed look at the remaining outstanding issues with details on the Canadian and European positions. The documents (1, 2, 3, 4) make it clear that the EU recognizes the deal is unbalanced as there are far more demands for Canadian changes than European ones. The EU retains the hope that Canada will cave on the EU demands since “the EU market to which it gains preferential access is much larger than its own.”

This ranks as perhaps the most important CETA leak to date, since it clearly identifies the key remaining issues, the European demands, and the massive changes that would be required for Canada to comply with the treaty. Some of the changes demanded by Europe include patent reform that could add billions to Canadian health care costs, the removal of foreign ownership restrictions on telecommunications and book publishing, the opening of public procurement for the energy and public transport sectors, eliminating Investment Canada Act review for European investments, new restrictions on the sale of a myriad of products such as feta and parmesan cheese, changes to agricultural protections (ie. supply management), and the adoption of European standards on passenger cars. This would require dramatic changes across the Canadian economy, all for what even the Europeans acknowledge are limited gains for Canada.

Given what is at stake, there needs to be an open debate and consultation before an agreement is reached (which is no longer a certainty) and Canada should be considering whether a scaled down version of CETA – one that focuses primarily on a reduction of tariffs for trade in goods – is a better model. A closer look at the some of the remaining issues is posted below.

November 26, 2012 — 9 comments — News

Billions at Stake if Canada Caves on Drug Patent Demands

The negotiations over a Canada – European Union trade agreement may be approaching the final stretch as both sides say they plan to wrap up the CETA talks by the end of the year. The parties have apparently reached agreement on roughly 75 per cent of the text, but the last quarter will require significant political compromise.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadian negotiators recently advised that there remains a sharp divide over issues such as investment rules, financial services, and taxation. Given the ongoing European financial crisis, these issues are particularly sensitive and will raise questions about how much risk the government is willing to assume in order to strike a deal.

The most contentious issue, however, is likely to be the intellectual property chapter. The revelation that provisions from the Anti-Counterfeiting Trade Agreement may sneak their way into CETA generated widespread headlines throughout Europe last month with politicians and activists expressing exasperation at the clumsy attempt to secretly revive an agreement that was roundly rejected by the European Parliament.

The Canadian opposition to the chapter will come from European demands for patent reforms that could result in billions in additional health care costs due to higher pharmaceutical prices. The pharmaceutical demands are one Europe’s top priorities, but Canada has thus far refused to counter the EU proposals, creating a stalemate that has dragged on for years.

August 14, 2012 — 1 comment — Columns

Billions at Stake if Canada Caves on Drug Patent Demands

Appeared in the Toronto Star on August 12, 2012 as Billions at Stake if Canada Caves on Drug Patent Demands The negotiations over a Canada – European Union trade agreement may be approaching the final stretch as both sides say they plan to wrap up the CETA talks by the […]

August 14, 2012 — Comments are Disabled — Columns Archive

Provinces Express Concern Over Impact of CETA IP Provisions

The Canadian Press reports that several provinces have written to the federal government to express concern over the Canada – EU Trade Agreement intellectual property provisions and the potential increase in drug costs that may result. The provinces are demanding compensation of Canada caves to EU demands on drug patents.

June 4, 2012 — 2 comments — News

EP Committees Reject ACTA As Backlash Against Secretive IP Agreements Continues to Grow

Earlier today, three European Parliament committees studying the Anti-Counterfeiting Trade Agreement – the Legal Affairs Committee (JURI), the Committee for Industry, Research and Energy (ITRE) and the Committee for Civil Liberties, Justice and Home Affairs (LIBE) – all voted against implementing ACTA. The rejection from all three committees confirms the lack of support with the Parliament for ACTA. A final European Parliament vote is expected in July with additional committee recommendations coming next month.

The strength of the anti-ACTA movement within the European Parliament is part of a broader backlash against secretive intellectual property agreements that are either incorporated into broad trade agreements or raise critical questions about prioritizing IP enforcement over fundamental rights. This week the Dutch Parliament voted against ratifying the Anti-Counterfeiting Trade Agreement, a move that some experts say could effectively kill ACTA (which is a “mixed agreement”) throughout Europe. In addition to the two anti-ACTA resolutions, the Dutch Parliament passed a third resolution against similar treaties:

The House of Representatives,

– observes that treaties like ACTA lead to a further formalization of copyrights rules on the international level,
– observes that such treaties are very difficult to modify and as a result can be an extra impediment for future reforms of copyright law,
– observes that strict enforcement of intellectual property on the internet is no solution for the ongoing difficulties regarding copyright law and interferes with internet freedom,
– requests the government to vote against new similar treaties,
– requests the government to focus the copyright policy on economic growth opportunities offered by the internet through, amongst others things, new revenue models for legal content.

The opposition to ACTA and ACTA-style treaties (which obviously include the Trans Pacific Partnership and bi-lateral agreements such as CETA) is part of a growing international trend as elected officials and independent policy officials around the world voice their objection to these treaties.

May 31, 2012 — 15 comments — News