statism watch

Beyond ACTA: Proposed EU – Canada Trade Agreement Intellectual Property Chapter Leaks

Share

So, not only do we get the HST tax as a result of the looming EU trade deal, but a command and control copyright regime. By the time they’re done with us, you won’t be able to think without having to pay someone. Hopefully, at least the government doesn’t insult the intelligence of Canadians again by representing it as a ‘free trade’ pact once it’s announced as a fait accompli.

Flashback: EU approves free-trade talks with Canada | Canada expects EU free-trade talks soon: Stockwell Day | Harper, Sarkozy vow to work toward Canada-EU deal | CD Howe Institute backs Canada-EU deal, deep integration | Towards a new world order: Canada-EU trade proposal rivals scope of NAFTA

Michael Geist, MichaelGeist.ca
December 16, 2009

Canada’s participation in the Anti-Counterfeiting Trade Agreement negotiations has understandably generated enormous public concern as leaked documents indicate that ACTA would have a dramatic impact on Canadian copyright law. The U.S. has proposed provisions that would mandate a DMCA-style implementation for the WIPO Internet treaties and encourage the adoption of a three-strikes and you’re out system to cut off access where there are repeated allegations of infringement.

Yet it would appear that ACTA is actually only part of the story. Canada is also currently negotiating a Comprehensive Economic and Trade Agreement with the European Union. The negotiations have been largely off the radar screen (and similarly secretive) with the first round of talks concluding in October in Ottawa. Intellectual property figures prominently in the agreement. In fact, the EU proposal for the IP chapter has just leaked online and the document is incredibly troubling. When combined with ACTA, the two agreements would render Canadian copyright law virtually unrecognizable as Canada would be required to undertake a significant rewrite of its law. The notion of a “made-in-Canada” approach – already under threat from ACTA – would be lost entirely, replaced by a made-in-Washington-and-Brussels law.

What are some of the EU’s demands?

  • Copyright term extension. The current term of copyright law in Canada is life of the author plus 50 years. This is consistent with the term requirements under the Berne Convention. The EU is demanding that Canada add an additional 20 years by making the term life plus 70 years.
  • WIPO ratification. The EU is demanding that Canada respect the rights and obligations under the WIPO Internet treaties. The EU only formally ratified those treaties this week.
  • Anti-circumvention provisions. The EU is demanding that Canada implement anti-circumvention provisions that include a ban on the distribution of circumvention devices. There is no such requirement in the WIPO Internet treaties.
  • ISP Liability provisions. The EU is demanding statutory provisions on ISP liability where they act as mere conduits, cache content, or host content. ISPs would qualify for a statutory safe harbour in appropriate circumstances. There is no three-strikes and you’re out language (which presumably originates with the U.S.).
  • Enforcement provisions. The EU is demanding that Canada establish a host of new enforcement provisions including measures to preserve evidence, ordering alleged infringers to disclose information on a wide range of issue, mandate disclosure of banking information in commercial infringement cases, allow for injunctive relief, and destruction of goods. There is also a full section on new border measures requirements.
  • Resale rights. The EU is demanding that Canada implement a new resale right that would provide artists with a royalty based on any resales of their works (subsequent to the first sale).
  • Making available or distribution rights. The EU is demanding that Canada implement a distribution or making available right to copyright owners.

These are just the copyright provisions. There are sections dealing with patents, trademarks, designs, and (coming soon) geographical indications. These include:

  • requiring Canada to comply with the Trademark Law Treaty (Canada is not a contracting party)
  • requiring Canada to accede to the Hague System for the International Registration of Industrial Designs
  • creating new legal protections for registered industrial designs including extending the term of protection from the current 10 years to up to 25 years
  • requiring Canada to comply with the Patent Law Treaty (Canada has signed but not implemented)
  • requiring Canada to establish enhanced protection for data submitted for pharmaceutical patents

While the leaked document may only represent the European position, there is little doubt there will be enormous pressure on Canadian negotiators to cave on the IP provision in return for “gains” in other areas. The net result is that when combined with the ACTA requirements, Canadian copyright law reform may cease to become Canadian. Instead, the rules will be dictated by secretive agreements as the U.S. and Europe tag team to pressure Canada into dramatic changes far beyond those even proposed in Bills C-60 or C-61.

Source | See also under Media: UN Goons Silence Journalist Who Questions Gore On Climategate | Australia introduces web filters | UK: From snapshot to Special Branch: how my camera made me a terror suspect | Vancouver orders removal of anti-Olympic mural | We’re no thieves — despite what Rupert Murdoch claims, says Google | UK: Photographer questioned under anti-terror laws for taking pictures of Christmas lights | Google allows publishers to limit free content | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | Border guards are now Olympic thought police — Amy Goodman detained | MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | ACTA Threatens Made-in-Canada Copyright Policy | Google’s digitization of books | FOX News owner’s media empire could block Google searches entirely | Cuban blogger claims she was roughed up by state agents | H1N1 overplayed by media, public health: MDs | Auditor General Wields Crown Copyright To Demand Takedown of Public Report | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | UK: Music filesharers ’spend the most on music’, says poll | No TV for tots under 2, says B.C. pediatrician | UK Business Secretary sets date for blocking filesharers’ internet connections | The bait and switch: EU now to endorse internet disconnection for ‘piracy’ | Globe appeal to protect adscam sources before court | CRTC allows network throttling as ‘last resort’, encourages pay per use, bandwidth caps | U.S. Spies Buy Stake in Firm That Monitors Blogs, Tweets | UK: 70% oppose internet ban for filesharers, poll shows | Ottawa won’t budge on secrecy laws | Government Propaganda To Infest Network TV Shows | Television — not in front of the children? | Anti-Olympic signs could net 6 months’ jail: rights group | UN Urges International Action on Cyber Security Threat | Think before you post, privacy czar says | Pulitzer winning anti-racism classic ‘To Kill A Mockingbird’ faces censorship in Toronto schools | Judge in Pirate Bay Appeal Removed for Bias | Case for Internet spying not closed | US ‘to loosen’ grip on internet | Ontario school boards face huge copyright bill for photocopying class material | Media hypes terror plot, despite the fact no one is charged with terror | Obama: We Need To Bailout Newspapers To Stop New Media Taking Over | U.S. moves to adopt 6 net neutrality rules | Canadian media watched closely in Afghanistan | Tech giants respond to Media with ideas on charging readers for news online | Six Days Left: Canadian Net Users Caught As Copyright Consultation Nears Conclusion | Chamber of commerce draws fire for backing Bell, Telus on Net reseller speed limits | It’s a great day for freedom of speech: ‘Hate Speech’ laws found to violate Charter Rights | Keeping Google out of libraries | Cyber Bullying Case Officially Dismissed for Vagueness | Sri Lanka journalist gets 20 years in jail for exposing state abuse | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | Ottawa denies altering public’s ECopyright Consultation submissions | Security guards stop MPs, students from distributing fair use flyers at Toronto copyright townhall | Bush’s Search Policy For Travelers Is Kept | ACLU Sues US Department of Homeland Security over Border Laptop Searches | Facebook to make privacy changes, keep user data indefinitely if not deleted | UK Government to consider internet disconnection policy, restrictions | CRTC wants internet pricing answers from Bell | Reuters Steps Up; Says Linking, Excerpting, Sharing Are Good Things For The News |Former copyright lobbyist is Obama’s top pick for US Attorney | UK ISPs condemn Internet surveillance plans | Can The Public Be Heard On Copyright Issues? | Associated Press Tries To DRM The News | iPods, Internet won’t end dictatorship | Canadian defends anti-medicare ad | Copyright Consultation Launches: Time For Canadians To Speak Out | Third stab at copyright law ‘reform’ to kick off with consultations | Facebook violates privacy law: watchdog | Don’t regulate traffic management, Internet providers argue | French Senate passes revamped ‘anti-piracy’ bill | Lazy Hacker and Little Worm Set Off Korean Cyberwar Media Frenzy | 2010 Olympic security plans include ‘free speech’ zones | Net Neutrality hearings begin with conflicting claims | Federal website changes undermine Iraq resisters: critics | Internet speed control faces scrutiny at CRTC hearings | Murdoch CEO Labels Bloggers “Political Extremists” | Should linking be illegal? | Information commissioner quits, Ottawa chided for lacking ‘guts’ | Top court to hear ‘Adscam’ media gag order challenge | Pirate Bay Retrial Denied | Afghan Airstrike Video Goes Down the Memory Hole | ISPs must help police snoop on internet under new bill | The dawn of Internet censorship in Germany | ABC Turns Programming Over To Government to Promote State Healthcare Agenda | Twitter emerges as news source during Iran media crackdown | UK plans to integrate ‘cybersecurity’ centre with US, Canada | Prepare to be boarded! Pirate Party wins entry to European Parliament | Time to slay Canadian file-sharing myths | CRTC keeps new media exempt from broadcasting regulation | Canadian copyright lobbyists leaned on “independent” researchers to change report on file-sharing | China begins internet ‘blackout’ ahead of Tiananmen anniversary | UK chases Obama on cybersecurity | Cybersecurity Is Framework For Total Government Regulation & Control Of Our Lives | Think tank plagiarizes, pulls report on Canadian piracy | Obama Set to Create A Cybersecurity Czar With Broad Mandate | Top court reserves decision in reporter confidentiality case | Don’t let media shield ‘criminals’, hearing told | Supreme Court to rule on ‘tidal-wave’ of press freedom cases | Next up for France: police keyloggers and Web censorship | Our man at Bilderberg: Let’s salt the slug in 2010 | Guardian reporter detained for taking picture of sea near Bilderberg conference | Reversing himself, Obama seeks to block abuse photos | Canadian military to spam Afghan’s cell phones | Canadian Parliament Threatens People For Posting Video Of Proceedings Online | 2 Billion Infected? WHO Stokes Swine Flu Fear | EU wants ‘Internet G12′ to govern cyberspace | Political Lies and Media Disinformation regarding the Swine Flu Pandemic | Canada placed on USA copyright blacklist | National Post columnist covers architect’s presentation at 9/11 truth event | Fredericton police arrest well-known N.B. blogger on legislature grounds | Jail terms for Pirate Bay founders, appeal in works | Put NSA in Charge of Cyber Security, Or the Power Grid Gets It | Protests in Moldova Explode, With Help of Twitter | Aussies Announce $31B National Broadband Network | Should Obama Control the Internet? | Cybersecurity law would give feds unprecedented net control | Munk Centre researchers discover botnet, call for international cyberspace ‘legal regime’ | Ottawa considering aid for private broadcasters | ISOHunt points out Google, Yahoo torrent engines too | Obama Administration Claims Copyright Treaty Involves State Secrets | Internet ad tracking system will put a ’spy camera’ in the homes of millions, warns founder of the web | Australian web censorship plan to begin trial despite house opposition | US Bill proposes ISPs, Wi-Fi keep logs for police | Time to regulate online content, cultural groups tell CRTC | UK: Calling the police to account for anti-photography law | Do We Need a New Internet? | 24 star Keifer Sutherland opposed to torture, questions role of series in inspiring interrogations | Britain unveils plans for nationalized internet service | Publication ban law too broad, top Ontario court rules | Toronto School Board to ‘review’ The Handmaid’s Tale on one parent’s complaint | UK Culture secretary wants international age restrictions for web | Latest Round of Closed-Door ACTA Copyright Negotiations Wrap Up | CRTC Internet regulation proposals take shape | Afghan war boosts recruiting | Tribunal shouldn’t police online hate, report says | Bell can squeeze downloads, CRTC rules | Bad news bearers warned to zip it by Kremlin | UK MPs seek to censor the media | Copyright treaty consultation process snubs public | Australia to Implement Mandatory Internet Censorship | Microsoft patents web moderator robots, forbidden phrases to be memory-holed | US military targets social nets | UK Shortly to Become Worse Surveillance Society than Stasi East Germany | CRTC to consider Internet regulation, invites public comment | UK Security services want personal data from sites like Facebook | RCMP to helm a Canadian “cyber-security strategy” | Is an Internet tax coming? | Liberal candidate asked to step down over 9/11 comments | ‘Einstein’ replaces ‘Big Brother’ in Internet surveillance | Digital rights groups sue for access to secret ACTA treaty | Berners-Lee W3C Consortium to ‘Authorize’ Website Content? | Comedian begins asking Harper question, cuffed by RCMP | Critics waging a cyber offensive to fight copyright changes | Ezra Levant: How I beat the fatwa, and lost my freedom | Law Professor tells tech conference: plans to shut down Internet already on deck | Public left out of anti-counterfeiting trade talks | Vint Cerf blasts ISPs for choking off internet infrastructure | Bush approves surveillance bill | Bell’s internet throttling illegal, Google says | All speech is free in Canada except speech we happen to hate | Human rights body to consider Internet speech regulation | Blogger arrests hit record high | Net neutrality bill hits House of Commons | Information lockdown: How Harper Controls the Spin | Secretive Canadian spy agency to get $62-million HQ | CRTC revisits Internet oversight | Canada Considering “Three Strikes and You’re Out” ISP Policy | Ontario’s spooky thought police | Oilsands Censorship Story Casts Doubt On Neutrality Of CBC Reporting | Military warns soldiers not to post info on Facebook | Harper to create government-run media centre: report | 9/11 — the big cover-up? | Cheney Orders Media To Sell Attack On Iran | The Death of Canadian Journalism | The Lies that Led to War | Prepackaged News

Be Sociable, Share!

24 Responses to “Beyond ACTA: Proposed EU – Canada Trade Agreement Intellectual Property Chapter Leaks”

  1. statism watch » Blog Archive » Ottawa seeks secrecy in Tamil migrant case Says:

    [...] | See Also under Law: Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | US Buying Illinois Prison for Guantanamo Detainees | Australia introduces web filters | Almrei [...]

  2. statism watch » Blog Archive » U.S. jobless claims drop again Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  3. statism watch » Blog Archive » Reading Between The Still Secret Lines Of The ACTA Negotiations Says:

    [...] Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of [...]

  4. statism watch » Blog Archive » No new stimulus, economy ’stabilized’: Harper Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  5. statism watch » Blog Archive » Obama talking tough with banks Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  6. statism watch » Blog Archive » Ontario Premiere McGuinty heralds Samsung ‘green energy’ deal Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  7. statism watch » Blog Archive » UK MPs frozen out of super-secret ACTA copyright talks Says:

    [...] Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of [...]

  8. statism watch » Blog Archive » IMF warns against retreat from stimulus spending Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  9. statism watch » Blog Archive » Harper urges G20 to follow economic accords Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  10. statism watch » Blog Archive » CBC’s new licencing plan: Pay to Print, Email, and Blog, and outsource enforcement to American Copyright Digital Rights Bounty Hunters Says:

    [...] “Undesirable” Websites | Facebook Privacy Changes Break the Law, Privacy Groups Tell FTC | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Australia introduces web filters | We’re no thieves — despite what Rupert Murdoch claims, [...]

  11. statism watch » Blog Archive » G7 brings competing visions to the Arctic Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  12. statism watch » Blog Archive » Swedish Justice Minister reluctant to store internet user’s data Says:

    [...] “Undesirable” Websites | Facebook Privacy Changes Break the Law, Privacy Groups Tell FTC | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Australia introduces web filters | We’re no thieves — despite what Rupert Murdoch claims, [...]

  13. statism watch » Blog Archive » Google shuts down music blogs without warning Says:

    [...] over Italian copyright law | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | We’re no thieves — despite what Rupert Murdoch claims, says Google | Google allows publishers [...]

  14. statism watch » Blog Archive » EU leaders reach secret Greek bailout deal Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  15. statism watch » Blog Archive » Global Bank Insurance Levy Wins Support over Transaction Tax at Davos Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  16. statism watch » Blog Archive » Obama hails stimulus plan, warns of layoffs Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  17. statism watch » Blog Archive » U.S. initial jobless claims rise unexpectedly Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  18. statism watch » Blog Archive » Indigenous groups left out of Arctic leaders’ summit Says:

    [...] | Canada part of Copenhagen climate deal | Final Copenhagen Text Includes Global Transaction Tax | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | UN Chief: We Will Impose Global Governance | Copenhagen climate summit in disarray after [...]

  19. statism watch » Blog Archive » Goldman role in Greek crisis probed Says:

    [...] for sale sign on nuclear reactors | Federal Reserve Chairman Bernanke’s 2nd term clears hurdle | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Financial Crisis Perpetrator Bernanke Hailed As World’s Saviour By TIME | Ontario eyes sale of [...]

  20. statism watch » Blog Archive » UK: Open Wi-Fi ‘outlawed’ by Digital Economy Bill Says:

    [...] “Undesirable” Websites | Facebook Privacy Changes Break the Law, Privacy Groups Tell FTC | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | Australia introduces web filters | We’re no thieves — despite what Rupert Murdoch claims, [...]

  21. statism watch » Blog Archive » Entire Text of ACTA Treaty Leaks to Online Rights Website Says:

    [...] ACTA copyright talks | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of [...]

  22. statism watch » Blog Archive » The Economist On Why Copyright Needs To Return To Its Roots Says:

    [...] ACTA copyright talks | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of [...]

  23. statism watch » Blog Archive » Obama scolds Wall Street for fighting reform, pushes new regulation package Says:

    [...] [...]

  24. statism watch » Blog Archive » Heritage Minister tars those opposing copyright bill C32 as ‘radical extremists’ Says:

    [...] ACTA copyright talks | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of [...]