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Copyright

Liberals Demand More Draconian IP Provisions: Propose Adding New Statutory Damages to Bill C-8

Liberal MP Judy Sgro continued her efforts yesterday to add lobbyist-inspired provisions to Bill C-8, the anti-counterfeiting legislation. Having already proposed removing the personal exception for travelers (leading to increased border searches) and a “simplified procedure” for the seizure of goodsthat would remove court oversight in the destruction of goods in a greater number of cases, Sgro proposed an amendment to add statutory damages with a mandatory minimum of $1,000 and a maximum of $100,000 in liability. The provision would limit the discretion of judges to order damages based on the evidence.

The statutory damages provision was another ask for intellectual property lobby groups. As I noted in my appearance before the committee:

December 5, 2013 — 13 comments — News

Liberals Propose Increased Border Searches By Eliminating Anti-Counterfeiting Personal Exception

The Standing Committee on Industry, Science and Technology held its clause-by-clause review of Bill C-8, the anti-counterfeiting bill yesterday. I appeared before the committee last month to express concerns about some lobbyist demands for reforms, including removing the exception for personal goods of travelers, the inclusion of statutory damages for trademark infringement, and targeting in-transit shipments.

While the committee did not complete the review of the bill – it will resume on Wednesday – the surprise of the day involved Liberal MP Judy Sgro proposing that the government remove the exception for personal travelers. Given that personal use exceptions are even included in the Anti-Counterfeiting Trade Agreement, it is shocking to see any party proposing their removal, which would result in longer delays at the border and increased searches of individual travelers. The proposal failed since it was rejected by both the Conservatives and NDP, with the NDP noting that “this was one of the important provisions that brought some balance to the bill.”

December 3, 2013 — 12 comments — News

Inside the Fight for Digital Rights in Canada

I presented the closing keynote address at the Parkland Institutes 17th Annual Conference: Facts, Fictions and Truth. In recent years, the fight over digital rights, including online privacy, digital copyright, internet surveillance, and fair access, has captured the attention of a growing number of Canadians. I examined the emerging digital rights movement in Canada and its close connection to freedom of speech and privacy.

November 23, 2013 — Comments are Disabled — Conferences, Video

Leaked TPP Text Confirms Countries Had Plenty to Hide

The Trans Pacific Partnership Agreement, a massive proposed trade deal that includes Canada, the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile, has long been the target of criticism owing to the veil of secrecy associated with the draft text. While negotiations have been ongoing for several years, participating countries have steadfastly refused to release the working text that addresses everything from agriculture to copyright, claiming that trade talks must be conducted behind closed doors.

Last week, Wikileaks released a leaked version of the intellectual property chapter, which confirmed that the U.S. hopes to use the agreement to export extreme intellectual property provisions that are out-of-step with international norms. Indeed, the 95-page document validates fears that the real reason for the TPP secrecy is that the negotiating countries have plenty to hide.

My weekly technology law column (Toronto Star version, homepage version) notes that while many of the leaked proposals are cause for concern, the good news is that Canada often finds itself opposing some of the most draconian demands with negotiators promoting Canadian law as a suitable alternative.

November 19, 2013 — 5 comments — Columns

Leaked TPP Text Confirms Countries Had Plenty to Hide

Appeared in the Toronto Star on November 16, 2013 as Leaked Document Provides Much-Needed Sunlight on Trade Talks The Trans Pacific Partnership Agreement, a massive proposed trade deal that includes Canada, the United States, Australia, Mexico, Malaysia, Singapore, New Zealand, Vietnam, Japan, Peru, and Chile, has long been the target […]

November 19, 2013 — Comments are Disabled — Columns Archive