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chachazz
Premium
join:2003-12-14
kudos:9
Reviews:
·TELUS

Canadian Gov't Introduces Anti-Counterfeiting Trade Agreemnt

Michael Geist:
Here Comes ACTA: Canadian Government Introduces Anti-Counterfeiting Trade Agreement Compliance Bill

quote:
The Canadian government today introduced a bill aimed at ensuring the Canada complies with the widely discredited Anti-Counterfeiting Trade Agreement.

Despite the European Union's total rejection of ACTA along with assurances that ACTA provisions would not resurface in the Canada - EU Trade Agreement, the new bill is designed to ensure that Canada is positioned to ratify ACTA by addressing border measures provisions.

The core elements of the bill include the increased criminalization of copyright and trademark law as well as the introduction of new powers for Canadian border guards to detain shipments and work actively with rights holders to seize and destroy goods without court oversight or involvement. While the bill could have been worse - it includes an exception for individual travelers (so no iPod searching border guards), it does not include patents, and excludes in-transit shipments - the bill disturbingly suggests that Canada is gearing up to ratify ACTA since this bill addresses many of the remaining non-ACTA compliant aspects of Canadian law.

Moreover, it becomes the latest example of caving to U.S. pressure on intellectual property, as the U.S. has pushed for these reforms for years, as evidenced by a 2007 Wikileaks cable in which the RCMP's National Coordinator for Intellectual Property Crime leaked information on a bill to empower Canadian border guards (the ACTA negotiations were formally announced several months earlier).

[Update: On the same day the Canadian government introduced Bill C-56, the U.S. Government issued its Trade Policy Agenda and Annual Report, which calls on Canada to "meet its Anti-Counterfeit Trade Agreement (ACTA) obligations by providing its customs officials with ex officio authority to stop the transit of counterfeit and pirated products through its territory"] ... continued .



Blackbird
Built for Speed
Premium
join:2005-01-14
Fort Wayne, IN
kudos:3
Reviews:
·Frontier Communi..

1 recommendation

quote:
...the introduction of new powers for Canadian border guards to detain shipments and work actively with rights holders to seize and destroy goods without court oversight or involvement.
...
Apart from anything else, there's trouble right there. Whenever the judicial system is excluded from actions of the authorities or accusers which don't involve imminent risk to life/limb, major infringement of citizens' rights and liberties is sure to follow - whatever the national legal system. "Destruction" is irreversible... it should never be permitted without due process and the right to face an accuser in a court.
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville


Link Logger
Premium,MVM
join:2001-03-29
Calgary, AB
kudos:3

Interesting idea really, so lets consider a couple of points. First given this is working with imported goods, at what point does the importer take procession of said items and would an importer even show up at court for this sort of offense (the exporter being from outside the country is certainly unlikely to show up so what is to be gained by the involvement of the court system)? Second if a copyright holder says the shipment is an infringement of their copyright, what could you possibly claim otherwise? If the shipment is destroyed, who's loss is it (ie who bears financial repercussions)? What would happen if a shipment were destroyed incorrectly?

How else would you build such a process to protect copyrights?

Blake
--
Vendor: Author of Link Logger which is a traffic analysis and firewall logging tool



Blackbird
Built for Speed
Premium
join:2005-01-14
Fort Wayne, IN
kudos:3
Reviews:
·Frontier Communi..

1 edit

said by Link Logger:

...How else would you build such a process to protect copyrights?

Like anything else involving cross-national participants, you would impound the disputed material; file notification with a court, which would then attempt to determine ownership and notify those owners in writing; after a defined period of time, the court would determine whether a timely response had occurred from the owners (or their legal representatives). If the owners responded, there would be a hearing or civil trial on the charges/complaints; if the owners failed to respond, the court could issue a finding and assess penalty, including destruction of the material. If the problem was recurrent over time from one supplier or importer, an injunction could be issued by the court to allow the authorities to automatically intervene and destroy the recurring material.

It's not that complicated... it's simply due process, and it's done all the time in other venues. Except where copyright is involved - for some reason, copyright has come to exist as a law unto itself, to be enforced unilaterally by the copyright holder/accuser.

edit to 1st sentence: legal rep
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville


Link Logger
Premium,MVM
join:2001-03-29
Calgary, AB
kudos:3

If you imported something that was in violation of a copyright infringement are you as importer going to claim ownership or are you going to say you thought it was legit goods you were importing and the copyright violation is the exporter's problem?

This falls under Caveat emptor, if you purchased something bogus, sucks to be you.

Blake
--
Vendor: Author of Link Logger which is a traffic analysis and firewall logging tool