Tag: CETA

My Senate Committee appearance on the TPPMy Senate Committee appearance on the TPP



Earlier today I appeared before the Senate Committee on Foreign Affairs and International Trade – Multilateral, Regional and Bilateral Trade Agreements. The Committee’s focus was on CETA and the TPP.

My initial remarks to the Committee are set out below.

I would like to thank the committee for inviting me to appear today to provide input on the Trans-Pacific Partnership.

I am here today in my personal capacity and not representing any clients.

The TPP has been heralded as a 21st century trade agreement.

CD Howe rejects IP criticisms of TPP and CETACD Howe rejects IP criticisms of TPP and CETA



The C.D. Howe Institute released a report earlier today, National Priorities 2016: At the Global Crossroads: Canada’s Trade Priorities for 2016, authored by Daniel Schwanen. One of the key recommendations is to boost market access for Canadian producers by ratifying the CETA and the TPP.

The report also touches briefly on two key intellectual property issues associated with the treaties, pharmaceutical patents and copyright. On these issues, the report stated the following:

Patents seek to encourage innovation by providing firms or individuals a monopoly over new and useful products for a limited period of time before competitors are allowed to offer their own versions.

Is copyright part of the FTA or NAFTA?Is copyright part of the FTA or NAFTA?



Does the Canada-US Free Trade Agreement (FTA) contain provisions dealing with copyright? According to Prof. Geist it does not. Does the North American Free Trade Agreement (NAFTA) require Canada, the U.S. and Mexico to protect copyright? According to Prof. Geist it does not. NAFTA doesn’t deal with copyright.

These revelations about the FTA and NAFTA were part of Prof. Geist’s prepared opening remarks to the Parliamentary Standing Committee on International Trade on the subject of CETA, the Canada EU Comprehensive Economic and Trade Agreement.

EU highlights role of ISPs, damages and trade agreements in reducing IP infringementsEU highlights role of ISPs, damages and trade agreements in reducing IP infringements



The EU just published a report reviewing the effectiveness of the EU Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. That Directive, which recognized that effective means of enforcing intellectual property rights are essential for promoting innovation and creativity, harmonized the minimum means available  to right holders and public authorities for fighting infringements of intellectual property rights in the EU. It also established a general framework for exchanging information and administrative co-operation between national authorities and with the Commission.