Sherman Urges Canada To Protect IP Rights
Rep. Brad Sherman, D-Calif., wrote to members of the Canadian Parliament last week urging them to address inadequacies in the country's intellectual property rights enforcement regime. His letter came on the heels of an April 6 House Foreign Affairs Committee field hearing in California that heard from music and movie industry representatives who named the United States' northern neighbor -- along with China and Russia -- as havens for major piracy operations. Specifically, Sherman pressed Canada to provide its customs officials with ex officio seizure power. Currently, they lack the statutory authority to seize counterfeit products unless they have previously obtained a court order.
"Canada has not acceded to nor implemented World Intellectual Property Organization Internet treaties," he wrote. "Canada has continued to resist a 'notice and takedown' regime that would require Internet service providers to terminate the accounts of repeat or serious IPR infringers." Additionally, Sherman said Canada has not enacted rules clarifying that rights holders can get damages awards against entities that intentionally facilitate massive infringement. "Pirated goods are not just an economic concern but often times represent a serious threat to public health safety," the lawmaker noted. "Canada must assist its partner countries in making sure that dangerous goods do not cross its borders," he concluded.
Last May, the Congressional Anti-Piracy Caucus slammed Canada for failing to update its IP enforcement regime despite promises to the contrary and the passage of a 2007 law that banned movie-theater videotaping of films. Earlier this year, the International Intellectual Property Alliance urged the U.S. Trade Representative to place Canada on its list of countries that warrant enhanced attention due to IP problems. The USTR's annual "Special 301" report, which highlights IP deficiencies and advancements of trading partners, is due out later this week.
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