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Submissions on Canada-EU Trade Deal: eBay Canada Warns Against Overbroad IP Provisions

By Michael Geist

Yesterday I posted on the EU "barrier hymn sheet", a leaked document that discloses EU negotiating strategy on the Canada-EU Trade Agreement IP chapter.  It follows a leaked draft of the EU proposal for the chapter itself, including copyright term extension, anti-circumvention rules, and resale rights.  I also recently obtained a copy of the submission received by the Department of Foreign Affairs as part of its consultation on the proposed agreement.  I'll post highlights from several prominent companies and organizations over the next few days. 

I start with eBay Canada, which clearly has concerns with the proposed agreement and the potential for adverse impacts on Canadian businesses:


a potential Canada-EU economic agreement should not address secondary liability or otherwise target intermediaries such as shippers, payment systems, search engines, online marketplaces, or interactive computer service providers.  Likewise, we believe a potential Canada-EU economic agreement should not contain provisions that create intellectual property rights or obligations that could extend beyond, or modify, domestic laws in ways that do not serve the interests of Canadian consumers and businesses.

In conclusion, because a potential Canada-EU economic agreement has the potential to adversely impact intermediaries operating in full compliance with domestic law, and deprive Canadian consumer access to the full benefits of the 21st Century Market, the Canada-EU trade negotiating process should be as open and transparent as possible.

Full post as published by Michael Geist on January 19, 2010 (boomark / email).