Post Tagged with: "wto"

175th Wing Airmen Receive COVID-19 Vaccine by Maryland National Guard https://flic.kr/p/2kvjBuz (CC BY-ND 2.0)

The Law Bytes Podcast, Episode 81: Why Isn’t Canada Supporting a Proposal to Help Developing Countries Gain Access to COVID-19 Vaccines?

As countries around the globe work to get their citizen vaccinated against COVID-19, a battle over intellectual property rules has emerged at the World Trade Organization. Last year, Canada passed legislation designed to ensure that patents would not pose a barrier to securing supplies of a vaccine or treatment. A year later, developing countries around the world have looked to the WTO to develop similar standards through a waiver process that would speed up access to, and production of, vaccines. Yet the proposal has run into opposition at the WTO, including from Canada.

Thiru Balasubramaniam is the Geneva Representative of Knowledge Ecology International, where he works on IP, health, and trade issues at the WTO, WIPO, and World Health Organization. He joins the Law Bytes podcast to discuss the recent developments at the WTO, the position of developed countries such as Canada, and what this means for global access to critical vaccines.

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March 22, 2021 3 comments Uncategorized

International Publishers Threaten Canada With WTO Complaint Over Bill -11

An international publishing organization has escalated the rhetoric over Bill C-11 by making veiled threats about a WTO complaint against Canada if the bill’s fair dealing provision remains unchanged. The signatories claim “there is a real possibility that a WTO complaint will be brought against Canada” if the fair dealing […]

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April 25, 2012 4 comments Must Reads

Will Canada – China Changes Include a Shift on Intellectual Property?

Prime Minister Stephen Harper arrived in China today for a high profile visit aimed at improving the Canada- China economic ties. Many have noted the change in tone from the Canadian government on China on rights issues, but the intellectual property story is worth noting here as well. Unlike a U.S. visit, which is likely to place IP issues at the very top of the list, the Canadian visit is unlikely to emphasize the issue. Indeed, Canada would do well to consider shifting its approach to China on intellectual property.

While China-based piracy is unquestionable a concern, Canada has too often used the issue to curry favour with the U.S. at the expense of developing the China relationship. In recent years, our support for the Anti-Counterfeiting Trade Agreement (which deliberately excluded China) and now the Trans Pacific Partnership (which also excludes China) does little to help relations. China could be a strategic ally on global IP issues as both countries face significant external pressure for reform. While compliance with international rules should be the starting point for any dialogue, focusing on the flexibility that exists at international law to address domestic concerns is in both our interests.

The biggest Canadian blunder was the decision to join a U.S. complaint against China at the World Trade Organization in 2007 alleging that China’s domestic laws, border measures, and criminal penalties for intellectual property violations did not comply with its international treaty obligations. The case was a big loss. China was required to amend parts of its copyright law but on the big issues – border measures and IP enforcement – almost all of the contested laws were upheld as valid.

More interesting are the background documents that demonstrate that the Canadian government was unable to muster credible evidence of harm among Canadian companies.

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February 7, 2012 4 comments News

India Will Not Accept IP Talks Outside of WTO

India’s Commerce and Industry Minister has stated that his country will not accept attempts to change global IP policies outside of international organizations like the World Trade Organization.  The comments arise out of India’s ongoing opposition to the Anti-Counterfeiting Trade Agreement.

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April 11, 2011 Comments are Disabled Must Reads

Canada Seeks To Join Consultations on India-EU WTO Dispute on Generic Medicine Seizures

The SpicyIP Blog notes that Canada is one of several countries that have asked to join consultations on the World Trade Organization dispute between India and the EU over in-transit seizures of generic medicines (ie. seizures of the meds originating in India and traveling through Europe to another destination).  The […]

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July 22, 2010 Comments are Disabled News