Years of disappointment in trade negotiations have left many Canadian intellectual property watchers hoping for the best, but expecting the worst when it comes to the IP provisions in trade deals. In earlier talks, Canadian negotiators would often advocate balanced positions during the negotiations, but ultimately cave to (primarily) U.S. pressures during the final round of talks. Given that history, this week’s outcome of the TPP11 is reason for celebration as the second largest economy in the TPP finally acted like it. The Liberal government demonstrated genuine leadership in demanding significant changes to the flawed TPP intellectual property chapter and refusing to back down under intense pressure from some of the negotiating parties. The result isn’t perfect, but the newly named Comprehensive and Progressive Agreement for the Trans Pacific Partnership (CPTPP), which still requires considerable negotiation, features a significantly improved IP chapter that suspends some of the most problematic provisions.
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
Global Music Lobby Groups Hit Ottawa in Blitz Over Copyright Term Extension
Global groups such as the International Confederation of Music Publishers and the U.S. National Music Publishers Association came to Ottawa this week to lobby the government to extend the term of copyright beyond the Berne Convention standard of life of the author plus an additional 50 years. The lobbying effort kicked off with a Hill Times piece, followed by an evening wine and dine event with politicians, a panel from the supposedly progressive Pearson Centre for Progressive Policy, and then yet more lobbying with Canadian music lobby groups. The lobbying campaign comes on the heels of the controversial 2015 copyright extension of sound recordings, which some groups used to sow confusion about the term of protection for sound recordings (from 50 to 70 years) with the term of protection for the composition or written work (frequently longer at life plus 50 years).
The TPP is Back: My Submission on the Canadian Government’s TPP11 Consultation
The Trans Pacific Partnership, once left for dead after U.S. President Donald Trump withdrew from the agreement, is back with negotiations on a TPP11 (the original agreement featured 12 countries) set to resume next week. With reports indicating that dozens of provisions may be suspended, the Canadian government just concluded a public consultation on the issue. My full submission is posted below. It expresses concern with the lack of TPP transparency and provides comments on five substantive areas: dispute settlement, copyright, patents, e-commerce/digital trade, and culture.
The Government’s Role in E-commerce: My Appearance Before the Standing Committee on International Trade
On the same day that I wrote about the overwhelming volume of hearings, notices, and consultations on digital policy, I also appeared before the House of Commons Standing Committee on International Trade to discuss the role of government policy in fostering the growth of e-commerce. The panel included eBay Canada’s Andrea Stairs (who argued for an increase in the de minimis threshold for consumer imports) and Peter Simons, the CEO of the Simons department store chain (who argued for no de minimis and the application of sales taxes on all purchases regardless of the size or location of the seller). My opening remarks centered on five areas for government action on e-commerce: access to affordable broadband, fostering consumer trust, intermediary liability, intellectual property, and e-commerce in trade agreements.
![By Office of the President of the United States (@realDonaldTrump on Twitter) [Public domain], via Wikimedia Commons https://commons.wikimedia.org/wiki/File%3ADonald_Trump_Justin_Trudeau_2017-02-13_03.jpg](https://www.michaelgeist.ca/wp-content/uploads/2017/10/Donald_Trump_Justin_Trudeau_2017-02-13_03-200x150.jpg)
NAFTA Modernization and IP/E-commerce: My Appearance at the Senate Open Caucus
I appeared earlier this week before the Senate Open Caucus to discuss the IP and e-commerce implications of the NAFTA renegotiation. The panel, which included Jerry Dias, Al Mussel, and Brenda Swick, featured an engaging discussion with senators from across the political spectrum. My opening remarks emphasized three points from a Canadian perspective: meeting international standards, doing no harm, and seeking a level playing field. The comments are posted below.
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