Post Tagged with: "IP"

EU’s IP Negotiating Strategy With Canada Leaks: Calls 2009 Copyright Consult a “Tactic to Confuse”

Canada and the European Union resume negotiations on a Canada-EU Trade Agreement (CETA) this week. The second round of talks comes as the EU's proposed chapter for the intellectual property provisions leaked last month, revealing demands for dramatic changes to Canadian intellectual property law. This would include copyright term extension (to life of the author plus 70 years), anti-circumvention rules, resale rights, and ISP liability provisions.

Now a second document has leaked, though it is not currently available online. The Wire Report reports that an EU document dated November 16, 2009, features candid comments about Canada and the EU strategy. The document, called a "Barrier Hymn Sheet" leaves little doubt about the EU's objective:

Put pressure on Canada so that they take IPR issues seriously and remedy the many shortcomings of their IPR protection and enforcement regime.

Having viewed the document, I can report that it goes downhill from there, promoting the key message that Canadian laws are inadequate, while liberally quoting a report from the Canadian IP Council and discredited counterfeiting data.

The document states that the trade negotiations are a "unique opportunity [for Canada] to upgrade its IPR regime despite local anti-IPR lobbying." It includes an assessment of recent copyright reform efforts, noting that two bills have died due to "political instability." The document adds that the copyright reform process was revived in 2009 with the national copyright consultation, but notes dismissively it may have been a "tactic to confuse."

January 18, 2010 — 22 comments — News

U.S. To Costa Rica: No Sugar Access Without Copyright Reform

Reports from Costa Rica indicate that final approval of the Central American Free Trade Agreement with the United States is languishing in the Legislative Assembly due to concerns over the copyright provisions. The CAFTA copyright provisions are similar to those found in the other major U.S. trade agreements concluded in recent years: DMCA-style protections, ISP liability, and copyright term extension are all part of the package.

In this case, it is the responses that are most noteworthy. Within Costa Rica, the article reports that the copyright provisions in the trade treaty have set off a wave of student protests over what it means for education. Meanwhile, health officials are concerned that the provisions on pharmaceutical products "would bankrupt the public health system." The response from the U.S. is important as well. It is delaying market access to sugar from the developing country until the copyright reforms are in place. Until that time, Costa Rican sugar producers will not be able to sell their product in the U.S.

Interestingly, Costa Rica is not the only country in the region grappling with U.S. pressure on copyright.

January 15, 2010 — 21 comments — News

USTR Launches Public Consultation on Special 301

The USTR has launched a public consultation on the Special 301 report that typically ends with criticism of Canadian law. The Office says it will hold hearings on the report for the first time in an effort to increase participation.

January 13, 2010 — Comments are Disabled — News

Canada – EU Trade Agreement Negotiations Resume Next Week

Troy Media reports on the ongoing Canada – EU Trade Agreement negotiations. Leaked documents indicate that there are signficant intellectual property demands from the Europeans. Negotiations resume in Brussels on January 18th.

January 11, 2010 — Comments are Disabled — News

EU Demands for Trade Deal Would Reshape Canadian IP Law

More than 20 years ago, Canada negotiated a free trade agreement with the United States that attracted enormous public attention. The first FTA – to be followed a few years later by the North American Free Trade Agreement that brought Mexico into the mix – played a pivotal role in a national election and ultimately resulted in dramatic changes to the economy and Canadian law.

My weekly technology law column (Toronto Star version, homepage version) notes that earlier this year, Canada and the European Union announced plans to negotiate a Comprehensive Economic and Trade Agreement (CETA), possibly the biggest Canadian trade negotiations since NAFTA. The first round of talks took place in Ottawa in October, yet the treaty has generated practically no public scrutiny. That may change following the leak last week of the European Union's proposed intellectual property chapter.

December 21, 2009 — 18 comments — Columns