Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada - EU CETA Update: Copyright

The Wire Report is reporting that the EU is pressuring Canada in the second Round of Canada - European Union Comprehensive Economic and Trade Agreement negotiations to make significant amendments to Canada's copyright laws. Luckily, the Copyright Act (Canada) is a federal statute and this is not something that will necessarily require approval of the provinces (as changes to provincial legislation should not be required).

The Wire Report article is being offered for sale (not my me or Trade Lawyers Blog and I did not make a purchase) at $25 - here is the link http://www.thewirereport.ca/reports/content/10191-eu_stepping_up_pressure_to_change_canadian_copyright_eu_commission_document

A more detailed assessment of the EU negotiating position is provided by Michael Geist at http://www.michaelgeist.ca/content/view/4704/125/

Michael is one of the most knowledgeable Internet law academics I know (and we used to work at the same law firm years ago). He reports, in part that the EU position is "that Canadian laws are inadequate, while liberally quoting a report from the Canadian IP Council and discredited counterfeiting data." He quotes a leaked EU report as concluding:

our objective is to convince Canada to eliminate or reduce these shortcomings, by conducting the necessary legislative or other changes. However, optimism should be tempered since, despite pressure from the USA, high level commitments from Canada, and our commissioner's letter of April 2009, little concrete moves have been observed in recent years.  We hope that the negotiation of the bilateral CETA will provide a good opportunity to exert pressure on Canada regarding the upgrade of its IPR regime

The Canada-EU negotiations will be interesting to watch.

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