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

The Trade Agreement That Cried Wolf: The Canada – EU Trade Agreement Timeline

The Canada – EU Trade Agreement was in the news last week with multiple reports on the likelihood of talks concluding within the next few days. Some reports said a deal was possible, British Prime Minister David Cameron said a deal is close, but by the end of the week Prime Minister Harper was saying that there was no deadline to conclude negotiations. While there is another report a deal may come today or tomorrow, if the past few years are any indication, we can expect continued speculation without a deal for many more months to come. A timeline of the talks for the past three years:

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June 17, 2013 3 comments News

Anti-Counterfeiting ACTA Bill Referred to Industry Committee

Bill C-56, the anti-counterfeiting bill that opens the door the Canadian implementation of the Anti-Counterfeiting Trade Agreement, has been referred to the Industry Committee for review. The government imposed time allocation on the bill to move it to committee. The debate on the bill yesterday suggested that all parties support […]

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June 13, 2013 3 comments News

The Trouble with the Trans Pacific Partnership: My Appearance before the International Trade Committee

Earlier this week, I was invited to appear before the House of Commons Standing Committee on International Trade to discuss the benefits of the Trans Pacific Partnership, a proposed trade agreement involving the U.S., Canada, Australia, New Zealand, and a handful of other Asian and South American countries. My comments were critical of the proposed agreement as I focused on two issues: copyright and secrecy.  The opening comments sparked a lively debate, with the NDP MPs tabling documents I obtained under the Access to Information Act detailing inside access to TPP information for select stakeholders and the Conservative MPs alternately questioning the validity of leaked texts and providing assurances that draft text could change before the final agreement is concluded.  I’ll post the transcript once it is available.  In the meantime, my opening remarks are posted below.

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June 6, 2013 4 comments Committees, News

Canadian ACTA Compliance Bill Inches Forward

Earlier this year, Industry Minister Christian Paradis introduced a bill aimed at ensuring that Canada complies with the discredited Anti-Counterfeiting Trade Agreement. The bill raises a host of concerns including granting border guards increased powers without court oversight or review. The bill had not been heard from since its introduction, […]

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May 31, 2013 7 comments News

Canadian Government Establishes Two-Tier Approach for Trade Talks: Insiders and Everyone Else

As the future of the proposed Canada – European Union Trade Agreement becomes increasingly uncertain – the EU has been unwilling to compromise on the remaining contentious issues leaving the Canadian government with a deal that offers limited benefits and significant costs – the Trans-Pacific Partnership Agreement (TPP) is likely to emerge as the government’s new top trade priority.

The TPP has rapidly become of the world’s most significant trade negotiations, with participants that include the United States, Australia, Mexico, Malaysia, New Zealand, Vietnam, Japan, and Canada. There is a veil of secrecy associated with the TPP, however, as participants are required to sign a confidentiality agreement as a condition of entry into the talks.  Despite those efforts, there have been occasional leaks of draft text that indicate the deal could require major changes to Canadian rules on investment, intellectual property, cultural protection, procurement, and agriculture.

My weekly technology law column (Toronto Star version, homepage version) notes the Canadian government has adopted several measures to guard against leaks by departmental officials. According to documents obtained under the Access to Information Act, a November 2012 email to government officials noted that their access to TPP texts was conditioned on “Secret” level clearance, an acknowledgement that all texts are watermarked and can be traced back to the source, and confirmation that no sharing within government is permitted without prior approval.

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May 8, 2013 2 comments Columns