Concerning Leak of Proposed EU-Canada Trade Agreement

Despite Industry Ministry Clement’s prior assurances of a Canadian made solution to copyright reform, news comes from Professor Geist, in the form of another leak, of a proposed trade agreement between the EU and Canada that would add further pressure for draconian copyright measures in Canada. The leak is apparently just of the intellectual property chapter, the agreement will also cover patents, trademarks, and designs.

Like ACTA, there isn’t much information available about this trade agreement. It too is being negotiated in secret, undoubtedly for similar reasons as there appears to be much cause for concern based on Geist’s analysis of the leak.

The IP chapter proposes to extend copyright terms, expand liability for third parties, and add rights that I don’t believe are recognized under any previous convention. I do not know if Canada has their own version of the first sale doctrine but the resale right would put a stake through its heart. The making available or distribution right would basically institutionalize the legal theory that the music industry tried to force on us here in the US through its ill advised law suits.

What do these additional rights, if anything, have to do with normalizing enforcement?

I am glad that Canada has Geist following and publicizing these developments,as troubling as they are. Unfortunately, this is really just part of a larger, international trend that includes the Digital Economy Bill in the UK, ACTA of course, and the re-introduction of a three strikes policy in NZ. It really has me worried about what will be next.

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