US embassy cable - 07OTTAWA2230

CANADA REPORTEDLY DRAFTING ANTI-COUNTERFEITING LEGISLATION

Identifier: 07OTTAWA2230
Wikileaks: View 07OTTAWA2230 at Wikileaks.org
Origin: Embassy Ottawa
Created: 2007-12-07 21:30:00
Classification: CONFIDENTIAL
Tags: ECON ETRD KIPR CA
Redacted: This cable was not redacted by Wikileaks.
VZCZCXRO6805
PP RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHOT #2230/01 3412130
ZNY CCCCC ZZH
P 072130Z DEC 07
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 6999
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 OTTAWA 002230 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR WHA/CAN AND EEB/TPP/MTA/IPC 
STATE PASS USTR FOR SULLIVAN, MELLE, AND GARDE 
 
E.O. 12958: DECL: 12/05/2017 
TAGS: ECON, ETRD, KIPR, CA 
SUBJECT: CANADA REPORTEDLY DRAFTING ANTI-COUNTERFEITING 
LEGISLATION 
 
REF: A. OTTAWA 1639 
     B. OTTAWA 1955 
 
Classified By: Economic Minster Counselor Brian Mohler for Reasons 1.4 
(d) 
 
1. (U) Summary: The Government of Canada is reportedly 
preparing two major pieces of legislation designed to better 
protect intellectual property rights (IPR).  The Government 
of Canada has confirmed that the first bill, an update to 
Canada's copyright law (see refs A and B), will be introduced 
to Parliament on either December 11 or 12.  The second piece 
of legislation is tentatively scheduled for next spring, and 
will provide new powers and resources to Canadian law 
enforcement agencies to fight the manufacturing and 
trafficking of counterfeit goods.  End summary. 
 
Copyright Legislation 
--------------------- 
 
2. (SBU) Government contacts have confirmed that Canada will 
introduce new copyright legislation in Parliament on December 
12 or 13.  Although the text of the bill cannot be shared or 
made public until it is introduced, we understand that the 
legislation will likely implement the WIPO Internet Treaties, 
propose a "notice and notice" system for Internet Service 
Providers, and place some limits on the manufacture and sale 
of anti-circumvention devices.  Although the bill,s contents 
are still secret, critics have disparagingly compared the 
legislation to the U.S. Digital Millennium Copyright Act and 
complained that the bill will contain strong 
anti-circumvention provisions.  Embassy Ottawa will provide 
Washington with the text of the bill as soon as it is public. 
 
New Enforcement Legislation 
--------------------------- 
 
3. (C) On December 4, the Royal Canadian Mounted Police 
(RCMP) National Coordinator for Intellectual Property Crime, 
Andris Zarins (protect) told econoff that the Government of 
Canada is drafting legislation to provide new financial and 
manpower resources to combat IP crime.  The bill would also 
grant Canada Border Services Agency (CBSA) officers "ex 
officio" powers to search for and seize counterfeit goods, 
according to Zarins.  He also stated that the legislation 
will establish a national IPR crime coordination office.  A 
Privy Council Office analyst said that because this 
enforcement legislation will contain funding provisions, it 
cannot be introduced prior to next spring's budget.  Zarins, 
who had been privately critical of other Canadian agencies, 
support for IPR protection, said that all agencies are 
cooperating well on this bill, and that it should be 
introduced in Parliament next February or March. 
 
4. (C) Zarins stated that the enforcement legislation is 
badly needed because CBSA officers now lack the authority to 
search specifically for and seize counterfeit goods.  If a 
CBSA officer happens to find counterfeit goods while 
searching for, say, smuggled contraband, the officer is only 
able to refer the counterfeit case to the RCMP.  Then, if the 
RCMP wants to pursue a case and has available manpower, it 
will seize the goods and start a formal investigation. 
Otherwise, Zarins said, the counterfeit goods will enter 
Canada.  He stated that the RCMP will always seize the 
counterfeit goods if they present health or safety hazard. 
Zairns commented that the RCMP currently lacks the resources 
to act if there is no clear public safety risk.  (Comment: 
Canadian privacy laws also prevent CBSA agents from alerting 
a rights holder about shipments of counterfeit goods.  End 
comment) 
 
Proceeds of Crime 
----------------- 
 
5. (C) Zarins stated that the RCMP is currently working on a 
Q5. (C) Zarins stated that the RCMP is currently working on a 
regulatory change to include IP crime in Canada's "Proceeds 
of Crime Program."  Under the program, assets obtained from 
certain types of criminal activity can be seized and used for 
crime prevention efforts.  Currently, assets stemming from IP 
crime are excluded from the "Proceeds of Crime Program." 
 
IP Crime Conference - June, 2008 
------------------------------- 
 
6. (U) Last June, the RCMP and Interpol jointly hosted the 
2007 International Law Enforcement IP Crime Conference in 
Niagara Falls.  Zarins said that both organizations will be 
sponsoring the conference again next year in Halifax (June 24 
 
OTTAWA 00002230  002 OF 002 
 
 
- June 26) and he hopes to expand the number of USG speakers 
and participants.  More information about the conference can 
be found at www.ul.com/ace. 
 
Visit our shared North American Partnership blog (Canada & Mexico) at 
http://www.intelink.gov/communities/state/nap 
 
BREESE 

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