

Currently released so far... 12900 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
2011/05/01
2011/05/02
2011/05/03
2011/05/04
2011/05/05
2011/05/06
2011/05/07
2011/05/08
2011/05/09
2011/05/10
2011/05/11
2011/05/12
2011/05/13
2011/05/14
2011/05/15
2011/05/16
2011/05/17
2011/05/18
2011/05/19
2011/05/20
2011/05/21
2011/05/22
2011/05/23
2011/05/24
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Consulate Karachi
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AE
ASEC
AS
AR
AMGT
AFIN
AORC
AU
AG
AF
APER
ABLD
ADCO
ABUD
AM
AID
AJ
AEMR
AMED
AL
ASUP
AN
AIT
ACOA
ANET
ASIG
AA
AGMT
AINF
AFFAIRS
ADANA
AY
AADP
ARF
ACS
AGR
AMCHAMS
AECL
AUC
APEC
APECO
AFGHANISTAN
ACAO
ASEAN
ADM
AGAO
AND
ADPM
ATRN
ALOW
AROC
APCS
AORG
AO
AODE
ACABQ
AX
AMEX
AZ
ARM
AQ
ATFN
AMBASSADOR
ACBAQ
AFSI
AFSN
AC
ASEX
AER
AVERY
AGRICULTURE
ASCH
AFU
AMG
ATPDEA
ASECKFRDCVISKIRFPHUMSMIGEG
AORL
BR
BO
BA
BM
BL
BH
BK
BEXP
BILAT
BTIO
BF
BU
BD
BY
BE
BG
BB
BBSR
BT
BRUSSELS
BP
BX
BC
BIDEN
BMGT
BWC
BN
BTIU
CA
CS
CO
CD
CR
CPAS
CDG
CI
CDC
CBW
CU
CVIS
CE
CONS
CH
CMGT
CASC
CY
CW
CG
CJAN
CIDA
CODEL
CWC
CIA
CBSA
CEUDA
CFED
CLINTON
CAC
CL
CACS
CIC
CHR
CAPC
CM
CT
CTR
COM
CROS
CN
COPUOS
CV
CF
CARSON
CONDOLEEZZA
CICTE
CYPRUS
COUNTER
COUNTRY
CBE
CKGR
CVR
COUNTERTERRORISM
CITEL
CLEARANCE
COE
CARICOM
CB
CSW
CITT
CACM
CDB
CJUS
CTM
CAN
CLMT
CBC
CNARC
CIS
EFIN
ECON
ETRD
EAID
EC
EU
EUN
EINV
EG
ETTC
EIND
ELAB
EAGR
ECIN
EINT
ENRG
EFIS
ELTN
EAIR
EPET
EZ
ET
ENERG
ECPS
EWWT
EI
ETRN
EINVECONSENVCSJA
EEPET
EUNCH
ER
ES
EN
EMIN
ESENV
ENNP
ENGR
ETRDEINVECINPGOVCS
ENVI
ECINECONCS
ELN
EFTA
ELECTIONS
ENVR
EXTERNAL
ENIV
ESA
EPA
ETRO
ETRDECONWTOCS
EUR
ECUN
EXIM
EK
EUREM
ECONOMY
EUMEM
ERNG
EFINECONCS
EAIDS
ECA
ETRC
EINVEFIN
ETC
EAP
EINN
ECONOMIC
EXBS
ENGY
ECONOMICS
EIAR
EINDETRD
ECONEFIN
EURN
EDU
ETRDEINVTINTCS
ECIP
EFIM
EREL
EINVETC
ECONCS
ETRA
EAIG
EUC
ERD
IQ
IR
IS
IN
IA
IC
IZ
ICRC
ID
IDA
IT
IO
IAEA
ICJ
ICAO
IV
IBRD
IMF
IAHRC
IWC
ILO
ISLAMISTS
IGAD
ILC
ITU
ITF
INRA
INRO
ICTY
INRB
ITALY
IBET
IL
INTELSAT
ISRAELI
IMO
IDP
ICTR
ITRA
IRC
IRAQI
IEFIN
IPR
IIP
INMARSAT
ITPGOV
ITALIAN
INTERNAL
IRS
INTERPOL
IEA
INR
ISRAEL
IZPREL
IRAJ
IF
ITPHUM
IACI
INDO
KPAO
KMDR
KCOR
KNNP
KJUS
KCRM
KDEM
KVPR
KTFN
KPRP
KTIP
KSCA
KSUM
KTEX
KIDE
KIRF
KV
KTIA
KN
KG
KFRD
KWMN
KUNR
KISL
KU
KGHG
KPKO
KOMS
KPAL
KIPR
KMCA
KOMC
KRVC
KSEP
KAWC
KOLY
KWBG
KACT
KFLO
KHIV
KZ
KGIC
KBCT
KDRG
KBTR
KCFE
KE
KHLS
KMPI
KAWK
KPWR
KIRC
KRAD
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KFLU
KPLS
KRIM
KSTH
KDDG
KPRV
KICC
KS
KSAF
KBIO
KREC
KCGC
KCIP
KTDB
KWAC
KPAI
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFSC
KSTC
KMFO
KID
KNAR
KMIG
KVRP
KNEI
KGIT
KNSD
KHDP
KSAC
KWMM
KR
KCOM
KAID
KENV
KVIR
KHSA
KO
KCRS
KPOA
KTER
KFIN
KSPR
KTBT
KX
KCMR
KMOC
KCRCM
KBTS
KSEO
KOCI
KNUP
KPAONZ
KNUC
KNNPMNUC
KERG
KSCI
KTLA
KCSY
KTRD
KMRS
KNPP
KJUST
KRCM
KCFC
KCHG
KREL
KFTFN
KLIG
KDEMAF
KGCC
KICA
KHUM
KSEC
KPIN
KESS
KDEV
KPIR
KWWMN
KOM
KWNM
KRFD
KRGY
KIFR
KWMNCS
KPAK
MARR
MOPS
MUCN
MCAP
MNUC
MEPP
MTCRE
MASS
MO
MIL
MX
MAS
MEDIA
MAR
MI
MQADHAFI
MPOS
MTCR
MK
MG
MA
MY
MU
ML
MPS
MW
MD
MARAD
MC
MR
MT
MTRE
MASC
MRCRE
MAPP
MZ
MP
MOPPS
MTS
MLS
MILI
MEPN
MEPI
MEETINGS
MERCOSUR
MCC
MIK
MAPS
MV
MILITARY
MDC
MASSMNUC
NI
NZ
NL
NO
NPT
NATO
NS
NU
NP
NPA
NSFO
NDP
NT
NW
NASA
NSG
NE
NORAD
NAFTA
NG
NATIONAL
NSSP
NV
NSF
NK
NA
NEW
NPG
NR
NGO
NIPP
NZUS
NH
NC
NRR
NAR
NATOPREL
NSC
OIIP
OPRC
OTRA
OEXC
OREP
OSCE
OVIP
OPAD
OBSP
OECD
OFFICIALS
OAS
OPDC
ODIP
OPCW
OES
OFDP
OPIC
OCS
OIC
OHUM
OSCI
OVP
ODC
OIE
OTR
OMIG
OSAC
OFDA
ON
OCII
PREL
PINR
PGOV
PARM
PE
PTER
PHUM
PO
PINS
PREF
PK
PM
POL
PBTS
PNAT
PHSA
PAS
PA
PL
PGIV
PHUMPREL
POGOV
PAK
PEL
PROP
PP
PINL
PBT
PTBS
PG
PINF
PRL
PALESTINIAN
PSEPC
POSTS
PAHO
PHUMPGOV
PGOC
PNR
PREFA
PMIL
POLITICS
POLICY
PROV
PBIO
PREO
PAO
PDOV
PGOF
POV
PCI
PRAM
PSI
POLITICAL
PAIGH
PJUS
PARMS
PROG
PTERE
PRGOV
PORG
PS
PKFK
PSOE
PEPR
PPA
PINT
PMAR
PRELP
PNG
PFOR
PUNE
PGOVLO
PHUMBA
POLINT
PGOVE
PHALANAGE
PARTY
PDEM
PECON
PY
PLN
PHUH
PF
PHUS
PU
PARTIES
PCUL
PGGV
PSA
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
RU
RS
REGION
REACTION
REPORT
RO
RW
RCMP
RSO
RP
RM
ROOD
RFE
RICE
ROBERT
RSP
RF
RELATIONS
RIGHTS
RIGHTSPOLMIL
RUPREL
SENV
SY
SNAR
SCUL
SP
SF
SW
SOCI
SU
SMIG
SO
SA
SR
SZ
SI
SC
SEVN
SN
STEINBERG
SK
SH
SNARCS
SPCE
SARS
SNARN
SG
SL
SYRIA
SIPRS
SAARC
SNARIZ
SWE
SYR
SEN
SCRS
SAN
ST
SIPDIS
SSA
SPCVIS
SOFA
SENVKGHG
SANC
SHI
SHUM
TU
TSPA
TBIO
TS
TRGY
TINT
TPHY
TN
TW
TH
TZ
TSPL
TP
TBID
TI
TF
TD
TT
TNGD
TL
TC
THPY
TIP
TX
TV
TK
TERRORISM
TO
TRSY
TURKEY
TFIN
TAGS
TR
UK
UNSC
UNGA
UNESCO
UNHRC
UP
UN
USTR
US
UNDC
UY
UNICEF
UNDP
UNMIK
UNAUS
UNCHC
UNCSD
USOAS
UNFCYP
UG
UNIDROIT
UNO
UV
UNHCR
UNEP
USEU
UZ
UNCND
USUN
UNCHR
USNC
USPS
USAID
UE
UNVIE
UAE
UNODC
UNCHS
UNFICYP
UNDESCO
UNC
UNPUOS
Browse by classification
Community resources
courage is contagious
Viewing cable 05OTTAWA590, 2005 SPECIAL 301 REPORT FROM OTTAWA
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #05OTTAWA590.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
05OTTAWA590 | 2005-02-25 15:51 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ottawa |
This record is a partial extract of the original cable. The full text of the original cable is not available.
251551Z Feb 05
UNCLAS SECTION 01 OF 03 OTTAWA 000590
SIPDIS
SENSITIVE
DEPT FOR EB/TPP/IPE
E.O. 12958: N/A
TAGS: ECON ETRD KIPR CA CBSA RCMP
SUBJECT: 2005 SPECIAL 301 REPORT FROM OTTAWA
¶1. (SBU) Summary: The regulatory picture on IPR has not
changed much from earlier years, however Canada is moving to
address many of the issues raised in the Special 301
submissions, even though results are unlikely to be visible
before the end of April. On the headline issues of
enforcement and WIPO ratification, there is incremental
progress. Canada continues to inch toward WIPO
ratification, with legislation due this spring. Departments
responsible for IPR issues are also working to develop more
effective cooperation on enforcement, but are not seeking
greater enforcement powers at the border at this point. End
Summary.
¶2. Econoffs met with representatives of FAC, Industry
Canada, International Trade, Health Canada (HC), the Royal
Canadian Mounted Police (RCMP), the Patent Medicine Prices
Review Board (PMPRB), and the Canadian Border Services
Agency (CBSA) to get their perspective on public submissions
under Special 301 and the state of Canadian IPR law in
general. Under the caveat that GOC finds the Special 301
process "deeply flawed", GOC officials responded to the
points in the public submissions and gave an update on the
status of intellectual property protection in Canada.
-----------------------------------------
PhRMA Comments on Patents: GOC Response
-----------------------------------------
¶3. (SBU) Data exclusivity: In December, Industry Canada
published its proposed regulation to allow for longer data
protection for patented medicines. At the same time, Health
Canada has published complementary regulations that would
circumscribe industry's ability to patent incremental
innovations in existing drugs in a practice commonly known
as "evergreening". Public comments on these regulations are
due February 24th. Under the proposed rules, any Health
Canada reliance on proprietary data in judging a generic
application engages the protection period. HC is also
proposing eight years of data exclusivity (three more years
than the current five) and an extra six years for pediatric
information. (Comment: Canadian patent-based industry
reps have told us that in general their industry is happy
with the extended data exclusivity and resigned to tighter
controls on 'incremental innovation.' End Comment).
¶4. (SBU) International Trade Canada (ITCan) and Health
Canada representatives disputed PhRMA's argument that brand-
name manufacturers are legally vulnerable even when they
comply with Canadian Notice of Compliance rules, saying
that, while lawsuits are underway, no decisions have been
reached and therefore it is too early to claim injury to the
industry. They also commented that the pharmaceutical
industry's claims of damages do not take into account the
public costs of using NOC to delay legitimate generic drugs.
¶5. (SBU) Approval times: Health Canada officials
described their efforts to streamline the approval process,
noting their appreciation for FDA's advice and assistance.
In the past year, Health Canada has hired new staff and
adopted some of FDA's practices, such as assignment of a
'point person' to guide each submission through the process,
and a move toward team reviews of submissions. Over 70%
of the existing backlog has been eliminated, and Health
Canada is aiming for on-time review in the near future.
¶6. (SBU) Price controls: Industry Canada reiterated that
Canadian drug prices are in line with OECD prices and that
price differentials also reflect the U.S. and Canadian GDP
per capita differential of roughly 40 percent. (Comment: the
first point is true by definition, since PMPRB generally
sets prices at about the OECD median. The second point,
which we have heard before, is dubious. Canada's per capita
GDP is only about 20% below the U.S. figure; moreover, as
drug costs are assumed by provincial health plans, it is
hard to see why consumer disposable income is a factor. End
comment.)
¶7. (SBU) Patent term restoration: Industry Canada and
Health Canada officials acknowledged that this is a long-
term concern for PhRMA, and noted that PhRMA has had the ear
of several senior government officials on the issue. Canada
is not obligated under WIPO to offer patent term restoration
and has no current plans to do so. Nevertheless, Industry
and Health Canada officials understand that the lack of
patent term restoration affects the investment climate for
pharmaceutical companies. They are optimistic that the
issue will become less pressing as the drug approval process
in Canada becomes faster.
¶8. (SBU) Patent protection for higher lifeforms: Canadian
courts have prohibited the patenting of higher lifeforms.
The GOC has no plans to amend the Patent Act to overrule
that decision. However, Industry Canada experts argue that,
as several Supreme Court Justices pointed out, patenting of
genes offers adequate if indirect protection to
bioengineered life forms. Industry Canada experts noted
that the biotech industry did not mention this issue in a
recent meeting with Industry Minister Emerson.
¶9. (SBU) Access to medicines: GOC officials were puzzled by
the PhRMA comments that "implementation must be in line with
both parts of the WTO decision", as they believe this point
is explicitly covered in both Canadian legislation and draft
regulations.
-------------
Enforcement
-------------
¶10. (SBU) IT Canada and other GOC officials argue that the
enforcement picture in Canada has measurably improved
because of more effective coordination within the existing
legal structure. The GOC has formed an interdepartmental
working group consisting of ITCan, Industry Canada, Canadian
Heritage, the RCMP, CBSA, Justice, and Public Safety and
Emergency Preparedness Canada to coordinate enforcement of
IPR laws. This working group has also met with industry
associations, and GOC representatives are looking forward to
meeting with U.S. officials on STOP.
¶11. (SBU) Since December of 2003, RCMP and CBSA are under
the same minister, a development which has led to greater
cooperation between the agencies. Both CBSA and RCMP
representatives listed increased training and cooperation as
major improvements in IPR enforcement in Canada. A recent 5-
day workshop in Ontario drew over 100 participants, the
largest workshop of its kind in North America. Upcoming
training includes five two-day workshops in 2005 in other
Canadian provinces. The RCMP officials also cited two
continuing joint force operations, Castille in Montreal and
Ocat in Toronto, which have already resulted in the seizure
of large shipments of counterfeit goods. CBSA
representatives highlighted their organization's efforts to
streamline the procedure when they encounter counterfeit
goods, including a standard process for contacting
appropriate officials and determining whether it is GOC's
priority to intercept a particular shipment.
¶12. (SBU) The CBSA representative explained that CBSA
operates on a "risk management" basis using a list of
government priorities, including IPR. Standard procedure
now requires CBSA to detain suspect counterfeit goods until
RCMP or other enforcement agencies are notified and can act.
The CBSA representative also clarified that they can now
look for shipments based on information received from other
law enforcement agencies. Although there is no customs
infraction as such if counterfeit goods are properly
declared, the RCMP representative noted that they almost
always break other laws. He cited as evidence of an
improved enforcement climate the fact that goods no longer
arrive at the Canadian border with declarations that
explicitly identify them as counterfeit.
¶13. (SBU) Justice has also increased IPR training and has
created a network for prosecutors to share case law and
training information. In a positive development, 2004 saw
higher criminal penalties in IPR cases. Two examples were a
C$150,000 fine for a company guilty of selling electrical
goods with fake UL labels and a case where two men were each
fined C$25,000 and sentenced to 60 days in jail for selling
illegal satellite equipment.
------------------
Copyright Reform
------------------
¶14. (SBU) There are no solid developments in Canadian
copyright reform since the US-Canada experts' meeting in
December 2004. Legislation covering WIPO ratification,
access for higher education, ISP liability, and protection
of photos among other issues is currently in the drafting
process. Canadian Heritage expects a bill to be introduced
in Parliament "in the first half of this year", but most
likely not before May, and that the law will probably not
pass this year. In the meantime, the government's reply to
the 2004 Heritage Committee report on copyright reform is
due in April. This report will most likely reflect the
substance of what the government plans to table.
¶15. (SBU) On the controversial 2004 filesharing decision,
ITCan said that many observers considered that section 80
sub 2 of existing law seems to address the situation, and
the Finckenstein decision came as a surprise to many
officials. The December private copying tariff decision
(which excluded embedded memory and harddrive copying from
the private copying levy) is expected to be appealed to the
supreme court. If upheld, GOC experts believe it would
eliminate the legal basis for the filesharing decision, in
which Judge Finckenstein relied upon the existence of the
private copy levy as evidence that such copying was not an
infringement. Econ officers reiterated that the best and
simplest solution to the problem remains rapid ratification
of the WIPO treaties.
------------
Conclusion
------------
¶16. (SBU) At this point, the regulatory picture on IPR has
not changed much from recent years. However, Canada is
moving to address many of the issues raised in the Special
301 submissions, even though results are unlikely to be
visible before the end of April. While WIPO ratification
remains a good way off, Canadian IPR officials are no longer
claiming to us that existing Canadian law offers adequate
protection; pressure from the Heritage Committee and the
consternation generated by the filesharing decision make it
likely that legislation will at last come before Parliament
this spring as promised. While its fate under a minority
government is hard to predict, there is strong support among
both Liberals and Conservatives for WIPO ratification; other
issues contained in the bill are likely to prove more
controversial. On enforcement, it is hard to tell yet
whether better enforcement training and coordination will
lead to more seizures at the border; Post would like to hear
from US firms about their experiences so that we can
continue to engage the interdepartmental committee on the
issue. Action request: GOC has requested advance notice of
USTR's decision if possible; post would appreciate a heads
up.
CELLUCCI