IPR: PROSPECTS BRIGHTER FOR CANADIAN IMPLEMENTATION

UNCLAS OTTAWA 001702 SIPDIS SENSITIVE; SIPDIS PASS USTR FOR CHANDLER E.O. 12958: N/A TAGS: ETRD KIPR CA SUBJECT: IPR: PROSPECTS BRIGHTER FOR CANADIAN IMPLEMENTATION OF WIPO INTERNET TREATIES REFS: Ottawa 1322 ¶1. (SBU) Summary: In meetings with Ambassador Wilkins, two key ministers of the Harper government have described Canada's implementation of the WIPO Internet treaties as a joint priority of their respective departments, but their subordinate officials are still split on key issues. We hope that the government will be in a position to introduce implementing legislation in Parliament by the fall of 2006, and urge Washington agencies to consider an Ottawa meeting with Canadian agencies and stakeholders to help us make our case to legislators. End Summary. Copyright: State of Play -------------- ¶2. (SBU) Under Parliamentary rules, Bill C-60, introduced last fall to implement the WIPO Internet treaties, "died on the order paper" when Parliament dissolved in advance of last January's election. Nobody expects the new Conservative government to reintroduce the same bill. In introductory calls on Heritage Minister Beverley Oda and Industry Minister Maxime Bernier, the Ambassador stressed the importance of a strong bill to implement the WIPO Internet treaties. Both Oda and Bernier responded that WIPO implementation is a priority for them, and Bernier intimated that new implementing legislation will be stronger than C- ¶60. Oda told the House of Commons Heritage Committee on June 1 that the departments are reviewing the comments received on C-60 as well as "other technical developments" (i.e. changes in technology since other OECD partners implemented the WIPO Treaties) and plan to submit a new bill in the fall. (We have passed to the Canadian Heritage and Industry Departments USG comments on C-60's provisions.) As Heritage Critic for the Conservative opposition, Oda was respected for her expertise on copyright issues, and industry observers expect her to be heavily engaged on the issue and a stronger voice for copyright owners. Oda remarked to the Ambassador that she has been studying the Digital Millennium Copyright Act in an effort to familiarize herself with the issues. However, Oda cautioned that the government as a whole will remain tightly focused on the "five priorities" outlined by Harper. (reftel) ¶3. (SBU) Econ officers also met with Canadian Heritage officials, including Assistant Deputy Minister for Culture Jean-Pierre Blais, and Director General for Copyright Policy Patricia Neri. Blais and Neri expressed their appreciation for their frequent informal contacts with USG copyright experts, including the visit of Copyright Registrar Marybeth Peters in March. They told us that they expect the government to have a bill ready by mid-fall, although they declined to speculate on how the bill would address controversial issues such as technical protection measures (TPMs) and notice and takedown. ¶4. (SBU) The ministers of Industry and Heritage will have to submit a joint policy recommendation for Cabinet approval for the Justice Department to begin the official drafting process. In practice, however, if both Ministers agree on the policy, the departments can informally begin drafting in advance and submit a more detailed recommendation to the Cabinet. It is not clear yet whether Parliamentary officials will assign the bill to the Heritage Committee or Industry Committee, or try again to establish an ad hoc legislative committee with elements of both. ¶5. (SBU) Econ officers have also met with key MPs, including the Parliamentary Secretaries for Industry and Heritage and International Trade and the chair of the Industry Committee, to make the pitch for stronger IPR QIndustry Committee, to make the pitch for stronger IPR protection. Response so far has been encouraging; Conservative MPs tend to view IPR as a property rights issue and are less impressed by the argument that strong IPR protection stifles creativity. However, opposition clearly remains; in Oda's committee session this week, at least one MP described TPMs as "spyware" and a threat to consumers. Ministers and MPS have also commented that they are open to working through a series of smaller, more focused bills that are less unwieldy than the broad, complex and controversial update of IPR law that the previous government dithered over for years. We will continue to meet with MPs on the relevant committees in anticipation of legislation this fall. Enforcement -------------- ¶6. (SBU) We also see room for hope on enforcement issues, especially at the border. We have used the Harper government's focus on stronger law enforcement, including arming border guards and providing funds for hiring more RCMP officers, to underscore the link between counterfeit trade and organized crime and to argue for broader IPR enforcement powers for customs officers. Public Safety Minister Stockwell Day's policy advisor has told us that the idea is under consideration. DFAIT continues to chair the interagency working group on IPR enforcement. Comment and Recommendation -------------- ¶7. (SBU) Conventional wisdom is that the Conservative government, which is riding high in the polls, may want to call elections as early as the spring of 2007 in order to secure a majority in Parliament, so the window to get a WIPO bill through the current Parliament is narrow. Canadian officials are also aware of the desirability of strengthening copyright rules in order to protect merchandise being produced for the Vancouver Winter Olympics in 2010. While we are already making the case for a strong bill to parliamentarians, we believe that it would be helpful to have USG experts reinforce the message, either in person or by DVC. DFAIT officials have suggested that USG and GOC experts should meet in Ottawa in September or October to discuss IPR issues well in advance of the U.S. Special 301 Out-of-Cycle Review. Post recommends that Washington agencies take up this offer; a meeting in Ottawa would allow for meetings with a broader range of Canadian experts and stakeholders and a Parliamentary program to reiterate our case to MPs.