Bell’s promotion of a site blocking system in Canada – rejected by the CRTC on jurisdictional grounds – was grounded in the view that it could establish a mandated blocking approach without court orders. That placed the Canadian proposal off-side the vast majority of site blocking systems around the world, but it also pointed to mounting efforts to exclude the courts from the realm of copyright enforcement. For example, the Canadian Anti-Counterfeiting Network recently appeared before the Industry committee to argue for legislative reforms that would eliminate court oversight for seizures at the border. In its place, the group argued that customs authorities should be empowered to seize and destroy goods without court review.
Post Tagged with: "IP"
“You’re Misleading Us”: Canadian Anti-Counterfeiting Network Calls for Elimination of Court Oversight For Border Seizures
The Canadian government’s Bill C-86, its Budget Implementation Act, features several notable provisions designed to curb intellectual property misuse. I posted yesterday on the rejection of “harmonized” statutory damages with the copyright collective system and new limits on the content of notices under the copyright notice-and-notice rules, with the government banning the inclusion of settlement demands or other requests for payment. Internet providers that receive notices that do not comply with the requirements will not be required to forward them to their subscribers. The bill also takes on patent misuse, including rolling out a framework for regulating patent demand letters in an effort to stop patent trolling.
Unpacking Canada’s IP Strategy: Countering IP Abuse, Addressing IP Administration and Removing IP Barriers to Innovation
Navdeep Bains, Canada’s Minister of Innovation, Science and Economic Development, unveiled the government’s long-awaited intellectual property (IP) strategy, which responds to the need to increase IP awareness, develop new IP tools for businesses and counter IP misuse that harms both consumers and businesses. Following Bains’s announcement in April, the strategy garnered widespread applause for its holistic approach to IP policy, which recognizes the need to support IP through a combination of better information, administration and corporate practices.
The U.S. released its annual piracy watch list last week, elevating Canada to the priority watch list alongside countries such as China and Russia. If that sounds implausible, that’s because it is. The U.S. has long used its annual report on IP issues to exert pressure on other countries and this year is no different. Indeed, with the IP chapter still unresolved in the NAFTA negotiations, the decision to elevate Canada appears to be an obvious effort to place negotiators on the defensive. In doing so, the U.S. has further undermined the credibility of a review process that is widely recognized as little more than a lobbying exercise.
Tackling IP Misuse: Canada Takes the Lead in Combating the Dark Side of Intellectual Property Protection
Navdeep Bains, Canada’s Innovation, Science and Economic Development Minister, unveiled the government’s long-awaited intellectual property strategy Thursday by responding to the need to increase IP awareness, develop new IP tools for businesses, and counter IP misuse that harms both consumers and businesses. The plan to introduce new legislative rules to discourage misuse of intellectual property is particularly noteworthy since the rules should help foster a more progressive, balanced, and innovative legal framework.
My Globe and Mail op-ed notes that with proposed reforms to all of Canada’s main IP statutes, the government is taking the lead in combating the dark side of intellectual property protection. Since abuse of intellectual property rights may inhibit companies from innovating or discourage Canadians from taking advantage of the digital market, crafting rules that address misuse can be as important as providing effective protection.