The U.S. government has denied a freedom of information act request for several Anti-Counterfeiting Trade Agreement documents, invoking a clause that says that the documents are protected as national security secrets. The provision applies in cases where there could be "damage to the national security and the original classification authority […]
Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498
Bill C-10
European Parliament Votes For Greater ACTA Transparency
The European Parliament has voted for a proposal to bring more transparency and public access to documents. The resolution includes specific language about the Anti-Counterfeiting Trade Agreement. In particular, it states: Acting in accordance with Article 255(1) of the EC Treaty, the European Commission should immediately make all documents related […]
March Round of ACTA Negotiations Delayed at U.S. Request
Inside U.S. Trade reports (sub required) that the next round of ACTA negotiations, which had been scheduled for next month in Morocco, has been delayed at the request of U.S. officials. While this does not signal a change in perspective on ACTA, the U.S. did want to provide incoming USTR […]
Peeking Behind Canada’s Copyright Complaint Against China at the WTO
Late last month, the World Trade Organization released a much-anticipated decision involving a U.S.-led complaint against China over its intellectual property laws. Canada was among a number of countries that participated in the case, which alleged that China’s domestic laws, border measures, and criminal penalties for intellectual property violations do not comply with its international treaty obligations.
On April 25, 2007, David Emerson, then the Minister of International Trade, issued a press release announcing Canada's participation, stating that it was "based on concerns expressed by Canadian stakeholders on a range of issues related to China's intellectual property rights regime." Yet, as reported in my weekly technology law column (Toronto Star version, homepage version) according to dozens of internal Canadian government documents obtained under the Access to Information Act, Canadian officials, unable to amass credible evidence of harm to Canadian interests, harboured significant doubts about the wisdom of joining the case and ultimately did so only under the weight of great pressure from the United States.
Peeking Behind the Wall of Canada’s Copyright Complaint Against China
Appeared in the Toronto Star on February 9, 2009 as Scaling Wall Over Canada's Trade Complaint Against China Late last month, the World Trade Organization released a much-anticipated decision involving a U.S.-led complaint against China over its intellectual property laws. Canada was among a number of countries that participated in […]
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