CANADA: EMBASSY OTTAWA 2009 SPECIAL 301

UNCLAS OTTAWA 000149 SIPDIS SENSITIVE STATE FOR WHA/CAN AND EEB/TPP/MPA/IPE WATTS AND KEAT STATE PASS USTR FOR J MELLE, M SULLIVAN, G VETERE, AND S MCCOY COMMERCE FOR GERI WORD, EMILY BARRAGAN, AND JENNIFER BOGER E.O. 12958: N/A TAGS: ECON ETRD KIPR CA SUBJECT: CANADA: EMBASSY OTTAWA 2009 SPECIAL 301 RECOMMENDATION REF: A. STATE 8410 ¶B. 08 OTTAWA 71 ¶C. 08 OTTAWA 311 ¶D. 08 OTTAWA 377 ¶E. 08 OTTAWA 586 ¶F. 08 OTTAWA 637 ¶G. 08 OTTAWA 787 ¶H. 08 OTTAWA 794 ¶I. 08 OTTAWA 945 ¶J. 08 TORONTO 110 ¶K. 08 TORONTO 153 ¶L. 08 TORONTO 191 Sensitive but Unclassified. Not for dissemination outside the U.S. Government. ¶1. (SBU) Mission Canada continues to be frustrated by Canada,s failure to implement the World Intellectual Property Organization (WIPO) internet treaties, to update its copyright laws, and to make the changes necessary to effectively search for and seize counterfeit goods at the border. Despite these concrete shortcomings, Canada has clearly shown it's willingness to improve the protection of intellectual property. For the following reasons, Mission Canada recommends that Canada remain on the Special 301 Watch List: - In June 2008, the Government introduced legislation that would have likely brought Canada,s copyright regime into compliance with the WIPO internet treaties and addressed key U.S. concerns. The bill, however, died on the order table (with all other outstanding legislation) in September 2008 when the Governor General announced new federal elections. The Conservative Government was reelected and has pledged to reform Canada,s copyright laws. The Minister of Canadian Heritage recently testified to Parliament that he expects to re-introduce the copyright legislation in the fall of 2009. (Refs D, H, I, J, and L) - Also in June 2008, Canada amended its Patented Medicines (Notice of Compliance) Regulations to address a key IPR concern of research-based pharmaceutical companies. While the companies still seek a further regulatory fix to prevent generic firms from producing patented medicines after certain judicial rulings, the Notice of Compliance regulatory change was a step in the right direction. - Canada continues to work alongside the United States to advance the protection of IPR internationally. Canada has partnered with us on IPR issues in the World Trade Organization (WTO),World Health Organization (WHO),Security and Prosperity Partnership (SPP),the World Intellectual Property Organization (WIPO)and the Anti-Counterfeiting Trade Agreement (ACTA). In June 2008, for the second year running, Canada's Royal Canadian Mounted Police jointly hosted (with INTERPOL) the International Law Enforcement IP Crime Conference. (Ref F, G) - The motion picture industry reports that enforcement of Canada,s 2007 anti-camcording law has been effective, and that Canada is no longer a significant source of camcorded, pirated movies. - In December 2008, a delegation of Canadian Border Service Agency (CBSA),Public Safety, and Royal Canadian Mounted Police (RCMP) visited the Port of Baltimore and the ICE National IPR Enforcement Center in order to better understand U.S. best practices for IPR enforcement. ¶2. (SBU) Although there has been no legislative change since last year when Mission Canada recommended that Canada be elevated to the Special 301 Priority Watch List, given Canada,s good faith efforts to address IPR protection, Mission Canada recommends that Canada remain on the Special 301 Watch List. (Ref C) Visit Canada,s Economy and Environment Forum at http://www.intelink.gov/communities/state/can ada BREESE