US embassy cable - 09OTTAWA309

CANADA IP UPDATE: GOC OFFICIAL REPORTS NO PROGRESS ON COPYRIGHT BILL

Identifier: 09OTTAWA309
Wikileaks: View 09OTTAWA309 at Wikileaks.org
Origin: Embassy Ottawa
Created: 2009-04-22 15:49:00
Classification: CONFIDENTIAL
Tags: ECON ETRD KIPR CA
Redacted: This cable was not redacted by Wikileaks.
VZCZCXRO6261
OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0309/01 1121549
ZNY CCCCC ZZH
O 221549Z APR 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9352
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RHMFISS/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 OTTAWA 000309 
 
SIPDIS 
 
STATE FOR WHA/CAN AND EEB/TPP/IPE KEAT AND WATTS 
STATE PASS USTR FOR SULLIVAN, MELLE, AND VETERE 
COMMERCE FOR JENNIFER BOGER 
DHS FOR THERESE RANDAZZO AND SEBASTIAN WRIGHT 
 
E.O. 12958: DECL: 04/20/2019 
TAGS: ECON, ETRD, KIPR, CA 
SUBJECT: CANADA IP UPDATE: GOC OFFICIAL REPORTS NO PROGRESS 
ON COPYRIGHT BILL 
 
REF: A. OTTAWA 149 
     B. 08 OTTAWA 945 
     C. 08 OTTAWA 794 
 
Classified By: Eric Benjaminson, Economic Minister Counselor for Reason 
s 1.4 (d) 
 
1. (SBU) Summary.  Senior Canadian officials have privately 
told the Embassy that the federal government plans to hold 
public consultations on potential copyright legislation this 
summer.  The government hopes to introduce a new copyright 
bill in the fall of 2009.  Industry representatives are 
concerned that the government is dragging its feet on 
copyright reform and are calling for the USG to elevate 
Canada to the Special 301 Priority Watch List. End summary. 
 
No Copyright Bill Until the Fall 
-------------------------------- 
 
2. (C) On April 20, Zoe Addington, Director of Policy, 
Industry Canada, and  Tanya Peatt, Director of Policy, 
Heritage Canada, told Econoff that the Government of Canada 
is not yet ready to introduce a copyright bill and will not 
be in a position to do so until the fall.  Addington 
explained that because the current Ministers of Industry and 
Heritage were appointed after the introduction and death of 
bill C 61, the previous copyright bill, both Ministers need 
time to ensure that they are comfortable with any new 
legislation.  Addington said that they have not yet 
determined if they will use bill C 61 as a model or start 
from scratch.  In contrast to the messages from other 
Canadian officials, she said that if Canada is elevated to 
the Special 301 Priority Watch List (PWL), it would not 
hamper - and might even help - the GOC's ability to enact 
copyright legislation. 
 
3. (C) Addington stated that Minister of Industry Clement 
intends for the next copyright bill to be more "consumer 
friendly" than bill C 61.  Minister Clement believes that 
bill C 61 was too specific in some aspects - for example, it 
legalized limited copying of copyright material for private 
use in some circumstances, but only in certain formats. 
 
4. (C) Addington said the Government had been accused, 
unfairly in her opinion, of drafting C 61 without public 
consultation.  Therefore, the Government plans to hold public 
consultations on copyright policy over the summer.  The exact 
form of these consultations has not been determined. 
Addington stated that the GOC would also use these 
consultations as an opportunity to educate consumers and 
"sell" the Government view.  These consultations will likely 
be announced in May or June, she said. 
 
Industry Representatives Discouraged 
------------------------------------ 
 
5. (SBU) Based on a meeting with Minister Clement, officials 
at the Canadian Chamber of Commerce have advised their 
members that fall 2009 is the earliest possible timeframe for 
introduction of a copyright bill.  Other industry 
representatives agree with this assessment, and most believe 
that elevating Canada to the PWL would be an effective way to 
spur movement on this issue.  The industry representatives 
argue that new Canadian federal elections could be called 
this fall or winter, which would again doom any potential 
copyright legislation to the same fate as the last two 
attempts at copyright reform. 
 
 
Counterfeiting Enforcement Legislation Won't be Introduced 
Anytime Soon 
-------------------------------------------- 
 
6. (C) Post also understands from several sources that the 
Q6. (C) Post also understands from several sources that the 
government has completed legislation to enhance Canada's IPR 
enforcement measures.  However, the government has no plans 
to introduce the bill in Parliament any time soon because no 
funding was linked to the legislation in the last budget. 
The government also believes that it makes more sense to 
first modernize Canada,s copyright laws and then institute 
greater means for enforcement.  If and when the enforcement 
bill is introduced, we expect that it will criminalize the 
importation of counterfeit goods and grant ex officio powers 
to Canadian Customs Officers. 
 
 
OTTAWA 00000309  002 OF 002 
 
 
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BREESE 

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