Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Bill C-10

Canadian Anti-Counterfeiting Group Calls For Graduated Response, More Restrictive Digital Lock Rules

The Canadian Anti-Counterfeiting Network is back in the news today with a refreshed version of its 2007 report that recommended new border measure powers, legal reforms, and a massive increase of public tax dollars for enforcement and education programs. Many of those same recommendations are back with claims that the government should pour millions into anti-counterfeiting activities, increase criminal penalties, expand seizure powers, and ratify the Anti-Counterfeiting Trade Agreement. 

On the Bill C-11 front, the CACN wants to gut many of the balancing provisions, including limiting the scope of the already overly restrictive digital lock exceptions, dropping the ISP notice-and-notice approach in favour of a graduated response that could lead to terminating Internet service for individual users, and removing the distinction between commercial and non-commercial infringement for statutory damages despite the fact that Canada is one of the few countries to have such damage provisions (which would pave the way for more Hurt Locker style lawsuits against individuals). 

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November 22, 2011 9 comments News

Canada Defends ACTA at WTO TRIPS Council

Canada has defended the Anti-Counterfeiting Trade Agreement at the World Trade Organization TRIPS Council.

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October 31, 2011 2 comments News

U.S. Senator Wyden Raises Questions About ACTA Implementation

U.S. Senator Ron Wyden has written to U.S. President Barack Obama to raise questions about the U.S. plans to implement the Anti-Counterfeiting Trade Agreement without Congressional approval.

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October 13, 2011 2 comments News

Is ACTA Enforceable?

The International Economic Law and Policy Blog asks  whether ACTA is enforceable in the light of its vague dispute resolution mechanisms.  

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October 6, 2011 1 comment News

Canada Signs ACTA: What Comes Next

Canada became an initial signatory to the Anti-Counterfeiting Trade Agreement over the weekend in Japan. Other countries to sign the agreement include Australia, Japan, Morocco, New Zealand, the Republic of Korea, Singapore and the United States.  That leaves out the majority of countries that were part of the negotiations as all the European Union countries, Switzerland, and Mexico attended the ceremony but did not sign. Canada’s decision to sign is not surprising given its participation throughout the negotiation process and the flexibility that was built into the agreement. While there are many concerns with ACTA (both procedural and substantive), it is not the agreement the U.S. envisioned when it started the process several years ago.

The signing of the agreement does not mean the agreement is enforceable yet. ACTA stipulates that it takes effect when six countries have deposited instruments of ratification, acceptance, or approval. In other words, most countries must still ratify the agreement (much like the WIPO Internet treaties, signing indicates general approval of an agreement but being bound by the terms requires ratification). 

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October 3, 2011 24 comments News