Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Bill C-10

The IP Lobby’s Post-Bill C-11 Playbook: ACTA, SOPA, Warrantless Search and the Criminalization of IP

The Canadian intellectual property’s lead lobby group, the Canadian IP Council (itself a group within the Canadian Chamber of Commerce) released a new policy document yesterday that identifies its legislative priorities for the coming years. Anyone hoping that the SOPA protests, the European backlash against ACTA, and the imminent passage of Bill C-11 might moderate the lobby group demands will be sorely disappointed. Counterfeiting in the Canadian Market: How Do We Stop It? is the most extremist IP policy document ever released in Canada, calling for the implementation of ACTA, SOPA-style rules including website blocking and stopping search results from resolving, liability for advertisers and payment companies, massive surveillance at the border and through delivery channels including searching through individual packages without court oversight, and spending hundreds of millions of tax dollars on private enforcement.

This long post reviews the report, focusing on the case it makes for addressing counterfeiting concerns in Canada and on the resulting recommendations. The recommendations are divided into five main groups:

  1. Introduce a Canadian SOPA
  2. ACTA Implementation
  3. New Search Powers Without Court Oversight
  4. The Criminalization of Intellectual Property
  5. Massive Increase in Public Spending Creating an IP Enforcement Subsidy

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June 8, 2012 59 comments News

Romania Will Not Ratify ACTA

Romanian Prime Minister Victor Ponta says his country will not ratify the Anti-Counterfeiting Trade Agreement unless the European Parliament modifies the agreement. Since the EP does not have the power to amend ACTA, that makes ratification unlikely.

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May 22, 2012 1 comment News

U.S. Law Professors Raise ACTA Constitutional Concerns

Dozens of leading U.S. law professors have written to the U.S. Senate Committee on Finance to express concern about the lack of constitutional authority to approve the Anti-Counterfeiting Trade Agreement without submitting it for Congressional approval.

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May 17, 2012 Comments are Disabled News

The Trouble With ACTA: My Analysis of the Anti-Counterfeiting Trade Agreement

Earlier this year, I appeared at the European Parliament’s INTA Committee Workshop on ACTA where I reached the following conclusion: This report concludes that ACTA’s harm greatly exceeds its potential benefits. Given ACTA’s corrosive effect on transparency in international negotiations, the damage to international intellectual property institutions, the exclusion of […]

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May 10, 2012 11 comments Committees, News, Video

ACTA is Not Dead

EDRI has a strong editorial that points out that while ACTA is damaged in Europe, it is not dead yet. The editorial comes as Switzerland announces that it is delaying plans to sign ACTA.

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May 10, 2012 Comments are Disabled News