IPR WEBSITE: CANADA

UNCLAS OTTAWA 003420

SIPDIS

STATE FOR WHA/CAN (BREESE AND HOLST) EB/TPP/BTA/EWH:
(MATTHEWMAN, AARON); EB/TPP/IPC (ADAMO, WILSON)

STATE PASS USTR FOR SAGE CHANDLER

USDOC FOR 4320/OFFICE OF NAFTA (ZIMMERMAN); 3134/OIO/WESTERN
HEMISPHERE;

SENSITIVE

E.O. 12958: N/A
TAGS: KIPR ETRD CA NAFTA
SUBJECT: IPR WEBSITE: CANADA

REF: State 224924


1. Post regrets delay in response to reftel.


2. Econ Counselor discussed the pros and cons of developing
an IPR toolkit for Canada with FCS colleagues, who have
experience with the highly successful China IPR toolkit.
Our conclusion is that developing a similar project for
Canada is not the most effective way of approaching IPR
concerns here.


3. As an English-speaking country with a reasonably
accessible regulatory process, and an effective law
enforcement system and judiciary, Canada does not present
the same kinds of challenges as China, e.g. corruption and
lack of transparency and enforcement. U.S. IPR owners do
not appear, from our experience, to have trouble navigating
the system. We therefore do not see the need to go beyond
the information in the Country Commercial Guide with IPR-
specific materials.


4. Rather, U.S. company concerns about IPR protection in
Canada are focused primarily on the substance of Canadian
IPR rules, e.g. failure so far to ratify WIPO, which has
resulted in damaging ambiguity about the illegality of
filesharing in Canada. U.S. firms, and Canadian IPR
enforcement experts, are also frustrated by some aspects of
the Canadian legal system related to IPR enforcement. These
include the higher thresholds of evidence, and highly
specific information, required to initiate an IPR
enforcement case, the limited powers of Canada Customs
officials to pursue suspected violations on their own
authority, and the competition for law enforcement resources
with other priorities. IPR enforcement and related issues
are part of the Mission law enforcement agenda discussed at
the annual Cross-Border Crime Forum in October 2004, and US
DHS/ICE officials have attended RCMP-sponsored events such
as a week-long workshop in Toronto on IPR enforcement. U.S.
firms have actively pursued enforcement cases here, often in
conjunction with their Canadian counterparts. Mission DHS
officers are also involved in efforts to energize bilateral
cooperation on IPR cases through the NAFTA Enforcement
Working Group.