Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Digital Trade

Cross Border Action: The People's Round on the Trans Pacific Partnership by Caelie_Frampton (CC BY-NC-SA 2.0) https://flic.kr/p/dy8srf

Why The Secrecy on the TPP Talks in Ottawa This Week? Because There is Something to Hide

Trade agreements have emerged in recent years as one of the federal government’s most frequently touted accomplishments. Having concluded (or nearly concluded) free trade deals with the likes of the European Union and South Korea, senior government ministers such as International Trade Minister Ed Fast and Industry Minister James Moore have held dozens of events and press conferences across the country promoting the trade agenda.

The next major agreement on the government’s docket is the Trans Pacific Partnership, a massive proposed trade deal that includes the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile. While other trade talks occupy a prominent place in the government’s promotional plans, the TPP remains largely hidden from view. Indeed, most Canadians would be surprised to learn that Canada is hosting the latest round of TPP negotiations this week in Ottawa.

My weekly technology law column (Toronto Star version, homepage version) argues the secrecy associated with the TPP – the draft text of the treaty has still not been formally released, the precise location of the Ottawa negotiations has not been disclosed, and even the existence of talks was only confirmed after media leaks – suggests that the Canadian government has something to hide when it comes to the TPP.

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July 7, 2014 17 comments Columns
europe infinite copyright by Jose Mesa (CC BY 2.0) https://flic.kr/p/amMHBV

Has Canada Caved on Copyright Term Extension in the TPP?

The Trans Pacific Partnership negotiations resume next week and while an agreement does not appear imminent, reports from Japan indicate that the copyright term issue may have been resolved.  Japan and Canada are two of several TPP countries whose term of copyright protection is life of the author plus 50 years. According to the Japan News, those countries (which also include New Zealand, Malaysia, Vietnam, and Brunei) are prepared to cave to U.S. pressure to extend the term of copyright to life of the author plus 70 years:

Among the 12 countries, Japan, Canada and four other countries protect an author’s copyright for 50 years after their death, the United States and four other countries for 70 years and Mexico for 100 years. Following the agreement, Japan will extend its duration by 20 years.

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May 16, 2014 11 comments News
eli lilly drug cabinet by sciondriver (CC BY-NC-ND 2.0) https://flic.kr/p/cK3ExS

Why the Canadian Government Should Maintain Its Position on CETA and the ISDS Provision

Media reports last week indicated that finalizing the Canada – European Union Trade Agreement has been delayed by a Canadian demand to exclude intellectual property from the scope of the investor-state dispute settlement system. While that sounds like an arcane, technical issue, it actually involves potentially billions of dollars and the Canadian government deserves kudos for adopting its current position even as the pressure builds to simply cave on the issue.

The investor-state dispute settlement provision is among the most controversial aspects of CETA (and the proposed Trans Pacific Partnership) since it opens the door to private lawsuits by companies against the government over the state of national law. These lawsuits can involve claims for hundreds of millions of dollars, with costs that may ultimately be borne by taxpayers. The Canadian government is keenly aware of the risks, since it is currently facing a $500 million lawsuit by pharmaceutical giant Eli Lilly over the approach of Canadian courts to the concept of utility in patent law. The Canadian government is likely to ultimately win the lawsuit, but the legal risks are still significant, with Eli Lilly effectively demanding that every Canadian pay it nearly $15 due to our patent laws. If Eli Lilly can file a $500 million lawsuit over two patented drugs, the potential for numerous lawsuits and billions in claims is a real possibility.

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May 14, 2014 6 comments News

Panel Discussion: The Internet, Free Trade, and Transparency: An International Perspective

I participated in a panel titled The Internet, Free Trade, and Transparency: An International Perspective as part of Yale University’s Trade and Transparency in the Internet Age.

The panel was moderated by Margot Kaminski  and the other participants were Peter Yu, Ante Wessels. We discussed the impact of WikiLeaks  leaking a draft of Anti-Counterfeiting Trade Agreement and  parts of the Trans-Pacific Partnership Agreement , another free trade agreement. Both leaks led to considerable public debate over both the content of the agreement and the negotiating process. The leaks, and their policy effects suggest there is a need for discussion of trade and transparency in the Internet Age.

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February 10, 2014 Comments are Disabled Conferences, Video

Another Step Toward the TPP: Canada Moves to Ratify Five Intellectual Property Treaties

The Canadian government quietly tabled five intellectual property treaties in the House of Commons on Monday: Mr. Speaker, pursuant to Standing Order 32(2) I have the honour to table, in both official languages, five treaties, entitled, one, Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted […]

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January 29, 2014 3 comments News