intellectual property Archives

G8 declaration: Internet and IP critical to innovation

The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.

The declaration on the Internet made the link between the Internet and innovation as follows:

For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers.

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Canada back on the USTR 2011 Special 301 Watch List

The Office of the United States Trade Representative (USTR) just published its 2011 Special 301 Report. The 2011 Special 301 review process examined IPR protection and enforcement in 77 of the US’s trading partners. The Special 301 Report is a critical mechanism for the U.S. government to ensure that its trading partners provide adequate and effective protection of IP for America’s creators and innovators.

Following extensive research and analysis, the USTR again listed Canada on its Priority Watch List along with Algeria, Argentina, Canada, China, India, Israel, Indonesia, Pakistan, Russia, Thailand, and Venezuela.…

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Is copyright part of the FTA or NAFTA?

Does the Canada-US Free Trade Agreement (FTA) contain provisions dealing with copyright? According to Prof. Geist it does not. Does the North American Free Trade Agreement (NAFTA) require Canada, the U.S. and Mexico to protect copyright? According to Prof. Geist it does not. NAFTA doesn’t deal with copyright.

These revelations about the FTA and NAFTA were part of Prof. Geist’s prepared opening remarks to the Parliamentary Standing Committee on International Trade on the subject of CETA, the Canada EU Comprehensive Economic and Trade Agreement.…

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IIC estimates global economic and social impacts of counterfeiting and piracy

The IIC just published a report commissioned by BASCAP entitled Estimating the global economic and social impacts of counterfeiting and piracy. Researched by Frontier Economics Ltd, the report estimates that based on 2008 data, the total global economic value of counterfeit and pirated products is as much as $650 billion every year. It found that international trade accounts for more than half of counterfeiting and piracy (estimated at $285 billion to $360 billion), domestic production and consumption accounts for between $140 billion and $215 billion and digitally pirated music, movies and software accounts for between $30 billion and $75 billion.…

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EU highlights role of ISPs, damages and trade agreements in reducing IP infringements

The EU just published a report reviewing the effectiveness of the EU Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. That Directive, which recognized that effective means of enforcing intellectual property rights are essential for promoting innovation and creativity, harmonized the minimum means available to right holders and public authorities for fighting infringements of intellectual property rights in the EU. It also established a general framework for exchanging information and administrative co-operation between national authorities and with the Commission.…

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RCMP report details Canada’s serious counterfeiting and piracy problems

The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following:

Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of health and safety concern in Canada. Health, safety, and economic damages from the consumption and usage of counterfeit goods are being reported on an international scale. Victims of IP crime include, among others, people suffering from life threatening diseases who unknowingly use counterfeit medicines containing little or too many active ingredients, or toxins.

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Geist: tough IP laws suppress political dissent

In a blog post yesterday, How IP Enforcement Can Be Used To Suppress Dissent, Prof. Geist argues that “tougher enforcement measures” of IP laws are connected with civil rights abuses by governments to quell political dissent. He further claims that the USTR Special 301 report was connected to the recent Russian raids against advocacy groups and news organizations in Russia. He also postulates that enforcement of IP rights under ACTA would increase such abuses and accordingly would be “a dangerous and misguided approach that is apt to cause more problems than it solves”.…

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Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32

I. INTRODUCTION

It was at a copyright seminar abroad that I learned about the publication of Bill C-32 by which the Canadian government intends to adapt the copyright legislation to the digital on-line environment. By the time I arrived home, some of my European colleagues, with whom we usually exchange information, had sent me the links to various blog posts that were trying to offer a first assessment of the new Bill. Some of them contained objective analysis pointing out both the commendable elements of the draft provisions and those where further improvements were found desirable, while others seemed to reflect continued opposition to the government’s intention to modernize the copyright norms the way required by the international treaties and the emerging international standards.…

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Developments in Computer, Internet and E-Commerce Law (2009-2010)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory references:

Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4

Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)

Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)

Kingsway Hall Hotel Ltd.…

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Canada again named to USTR’s Priority Watch List for weak IP laws

The USTR just released its 2010 Special 301 Report. Canada has again been placed on the Priority Watch List along with Algeria, Argentina, Chile, China, India, Indonesia, Pakistan, Russia, Thailand, and Venezuela.

In placing Canada on this list, the USTR stated the following:

Canada will remain on the Priority Watch List in 2010. The United States looks forward to the government of Canada’s implementation of its previous commitments, recently reaffirmed in 2010, to improve IPR protection, and is encouraged by the high level of cooperation between the Canadian and United States governments on IPR matters.

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