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Copyright

Fake Feta: Digging into the Intellectual Property Details of the Canada – EU Trade Agreement

The Canadian government released a technical summary of the Canada – EU trade agreement (CETA) yesterday, which provides further details on the draft agreement (tabling a summary of the treaty is a strange exercise and the government needs to release the full text). Within the summary, there are some further details on the intellectual property issues that were not highlighted in the initial releases.

First, while the emphasis on cheese and the dairy industry has focused on increasing the amount of European cheese that can be sold in Canada, the agreement also contains some notable new restrictions on the sale and marketing of cheese in Canada more generally. Under the umbrella of geographic indications protections, Canada has agreed to new limitations on several well known cheeses including asiago, feta, fontina, gorgonzola, and munster. Existing Canadian producers can continue to use these names, but that’s it – any future cheese makers will need to qualify the title by using words such as “imitation” or “style”. This is a significant concession that effectively gives rights to existing producers on what many consumers would view as generic names.

October 30, 2013 — 6 comments — News

EU Assures that CETA Does Not Contain ACTA Copyright Rules

While the Canadian government provided few details on the copyright rules in the Canada – EU Trade Agreement (largely emphasizing that CETA is consistent with recent copyright reforms), the European Commission posted an updated fact sheet on the issue. The European document focuses on the Anti-Counterfeiting Trade Agreement, providing assurances that CETA does not contain ACTA provisions with respect to Internet providers or criminal copyright provisions. The document, which appears to be a re-release of a year-old document, states:

October 21, 2013 — 3 comments — News

Canada – EU Trade Agreement Reached “In Principle”, Part Two: The Intellectual Property Provisions

Intellectual property was one of the most contentious aspects of the CETA negotiations, with copyright, patents, and geographic indications all sources of concern. A summary of the impact of CETA on each is posted below (additional posts on the need to release the text and the telecom and e-commerce provisions).

Early CETA drafts included extensive copyright provisions that would have rendered Canadian copyright law virtually unrecognizable from its current state. The EU position on copyright changed after two developments in 2012. First, Canada passed long-awaited copyright reform that addressed several concerns, most notably legal protection for digital locks and ISP liability. Second, the EU abandoned many of the remaining demands after the European Parliament voted overwhelmingly in July 2012 to reject Anti-Counterfeiting Trade Agreement, striking a major blow to the hopes of supporters who envisioned a landmark agreement that would set a new standard for intellectual property rights enforcement. â€¨

The resulting copyright provisions appear benign, as the government is claiming that CETA is consistent with current Canadian law:

October 18, 2013 — 2 comments — News

Government Launches Consultation on Rules for ISP Notice-and-Notice System Amid Shift in Priorities

Industry Canada and Canadian Heritage launched a consultation yesterday on the rules associated with the Internet service provider notice-and-notice system that was established in Bill C-11, the copyright reform bill enacted in June 2012. Responses to the consultation are due by November 8, 2013. Most of the bill took effect in November 2012, but the government delayed implementation of the ISP rules, with expectation of a consultation and regulations to follow. It has taken nearly a full year, but the consultation was sent to undisclosed stakeholders with the promise to bring the notice-and-notice system into effect “in the near future.”

The notice-and-notice system allows copyright owners to send infringement notices to ISPs, who will be legally required to forward the notification to their subscribers. If an ISP fails to forward the notifications, it must explain why or face the prospect of damages that run as high as $10,000. ISPs must also retain information on the subscriber for six months (or 12 months if court proceedings are launched). Copyright owners may also send notifications to search engines, who must remove content that has been removed from the original source within 30 days. The notices must meet a prescribed form that includes details on the sender, the copyright works and the alleged infringement.

Despite some expectation that the consultation would place several issues on the table – form issues for notices, data retention, and costs for notices among them – the language used in the consultation letter suggests that the government is likely to simply bring the rules as articulated in the law into effect with no further regulations at all. It states:

October 10, 2013 — 42 comments — News

How Canada Can Put Digital Consumers First

Reports over the past week have indicated that the government plans to unveil a “consumer first” agenda for its upcoming Speech from the Throne. The speech, which will set out the federal legislative and policy agenda for the next two years, is widely viewed as the unofficial start of the 2015 election campaign.

My weekly technology law column (Toronto Star version, homepage version) notes there is little doubt that the battle over wireless pricing, which hit a fever pitch over the summer in a very public fight between Industry Minister James Moore and the incumbent telecom companies, will figure prominently in any consumer agenda. The government is convinced that it has a winner on its hands – consumer frustration with Canada’s high wireless prices suggests that they’re right – and will continue to emphasize policies geared toward increasing competition.

Yet a consumer first agenda should involve more than just taking on the telcos on spectrum (or the airlines over their pricing practices). A digital consumer first agenda should prioritize several other issues that have similar potential to strike a chord with Canadians across the country. At the heart of those digital issues are two ongoing consumer concerns: pricing and protections.

September 25, 2013 — 11 comments — Columns