Canada’s chief Canada – EU Trade Agreement negotiators provided an update on the CETA talks today, sketching out an ambitious negotiation schedule that they hope will lead to a Ministerial meeting in November to resolve the key outstanding issues. The next round of CETA negotiations will occur in Brussels in […]
Post Tagged with: "patents"
Posner on Copyright: Restrictive Fair Use a Risk To Creativity
When patent protection provides an inventor with more insulation from competition than he needed to have an adequate incentive to make the invention, the result is to increase market prices above efficient levels, causing distortions in the allocation of resources
He continues by citing the software industry as an example of the dangers of excessive patent protection. On copyright, he expresses doubt about the social benefit of copyright for any academic work other than textbooks, noting that they are a by-product of academic research that would be produced with or without copyright protection. His two major concerns involve the term of copyright (which is longer in the U.S. than in Canada but could be extended under the TPP) and narrow interpretations of fair use:
The Economist on Trade Deals and Patent Protection
The Economist speaks out on the dangers of using trade agreements to increase patent protections, stating that “America should not use trade deals to swaddle drugmakers in excessive patent protections.” The comments focus on India and the U.S, but could easily be applied to the Canada – EU Trade Agreement.
NDP Calls for Removal of Patent Provisions from CETA
The NDP has called on the government to remove the patent reform provisions from the Canada – EU Trade Agreement, noting the provisions could add billions in additional health care costs. Earlier this month, I wrote about the concerns with the CETA patent provisions.
Billions at Stake if Canada Caves on Drug Patent Demands
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.
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