Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441

Digital Trade

Why the U.S. Lost Its WTO IP Complaint Against China. Badly.

The World Trade Organization yesterday released its much-anticipated decision involving a U.S. complaint against China over its protection and enforcement of intellectual property rights.  The U.S. quickly proclaimed victory, with newspaper headlines trumpeting the WTO panel's requirement that China reform elements of its intellectual property laws.  For its part, China was conciliatory and offered to work with the international community to resolve the concerns raised by the decision.  Reuters notes that the Chinese reaction is far less combative than it has been other issues.

Why the muted response?  I suspect that it is because anyone who bothers to work through the 147 page decision will find that the headlines get it wrong.  The U.S. did not win this case, but rather lost badly. China is required to amend elements of its copyright law, but on the big issues of this case – border measures and IP enforcement – almost all of the contested laws were upheld as valid.  Further, the ramifications of this case extend well beyond China's laws into other areas such as ACTA, since it points to the considerable flexiblity that countries have in meeting their international obligations on these issues.

The case centred on three key issues:

Read more ›

January 27, 2009 15 comments News

DFAIT Consults on Canada – EU Trade Agreement

Howard Knopf points to a DFAIT consultation – with a deadline of tomorrow – on a possible trade agreement between Canada and the EU.  Intellectual property figures prominently in the discussion.  Note that DFAIT continues to accept comments on the Anti-Counterfeiting Trade Agreement (ACTA), which is being treated as an […]

Read more ›

January 19, 2009 1 comment News

Crystal Ball Gazing at the Coming Year in Tech Law

Technology law and policy is notoriously unpredictable and crystal ball gazing in Canada this year is particularly challenging given the current political and economic uncertainty.  With that caveat, my weekly technology law column (Toronto Star version, homepage version) provides my best guess for the coming months includes the following:

January.  The Copyright Board of Canada releases its much-anticipated decision on the copyright royalties payable by primary and secondary schools across Canada.  The board reduces the fees based on the Supreme Court of Canada’s liberal interpretation of fair dealing, Canada's version of fair use.  At the end of the month, the government's budget includes the expected stimulus package for the auto and forestry sectors, but there is little for the culture and technology sectors.

February. The Canadian Radio-television and Telecommunications Commission kicks off a busy year with its new media hearings.  The positions are by-now well known – cultural groups seek the creation of a new ISP levy and increased regulation of Internet-based broadcasting, while most broadcasters and telecommunications companies support the status quo.

March.  Secret negotiations on the Anti-Counterfeiting Trade Agreement resume in Morocco.  Calls for greater transparency fall on deaf ears as the U.S., Japan, and South Korea urge participants to keep the treaty under wraps and to conclude the draft treaty by year-end.

April.  The U.S. Trade Representative releases its annual Special 301 Report on the status of global intellectual property laws.  Canada once again finds itself in good company as it (along with dozens of other countries) is criticized for failing to pass new copyright reform legislation. 

Read more ›

January 5, 2009 3 comments Columns

Latest Round of ACTA Negotiations Wrap Up

The Department of Foreign Affairs has issued a release that provides an update on the most recent round of ACTA negotiations (the release will be mirrored by other countries).  It reports that governments met last week in Paris to continue ACTA negotiations.  In addition to the three issues addressed at […]

Read more ›

December 19, 2008 16 comments News

European Commission on ACTA

The European Commission has released an updated fact sheet on the Anti-Counterfeiting Trade Agreement negotiations.

Read more ›

December 3, 2008 Comments are Disabled News