Intellectual Property Council renews push for copyright reform

A wide-spread sale of fake and pirated goods on Internet platforms in Canada is costing the country millions of dollars in lost revenue, and undermining capacities for innovation and economic growth, warns a report from the Canadian Intellectual Property Council (CIPC). Titled A Time for Change: Towards a New Era for Intellectual Property Rights in Canada 2007, the report calls on policy makers to replace Canada's "outdated" copyright laws and make them compatible to WIPO standards. Citing several studies on intellectual property rights, the report says while there is a global increase in the stealing of such rights on the Internet, "the problem is particularly acute in Canada where existing copyright laws continue to remain outdated and ineffective." The report says several international bodies have identified Canada's antiquated copyright laws as being comparable to those of China and Russia. In 2007, software piracy in Canada was well over $1 billion, affecting the film and music industry negatively, the report says. Losses for the film industry amounted to $250 million in 2005, translating into $41 million in lost tax revenues. Unfettered online piracy also cost the music industry an estimated $637 million loss in retail sales between 1999 and 2006. If this software piracy is reduced by just 10% in the next four years, it could add $2.7 billion into the Canadian economy and create more than 5,200 high-skilled jobs, the report contends. "Within Canada, the low risk of being prosecuted for intellectual property theft and the high profits generated by this illicit trade have made counterfeiting and piracy a lucrative industry," says the report. The report identifies legislative reform, education, and institutional support for the judicial and legal system, as the three main areas where the government continues to falter in terms of reforming copyright laws in Canada. Its six main recommendations centre on these three areas. Its key recommendations call on the government to establish an intellectual property rights coordination council, comprised of government officials, business representatives and creators. Another key recommendation urges the government to create an intellectual property rights education program for the public. Chris Gray, CIPC director, which operates under the aegis of the Canadian Chamber of Commerce, says with the fast moving digital era, it is time the government brought Canada's copyright laws up to date with those of its major trading partners. Canada, he adds, is a signatory of the WIPO treaties since the ‘90s but has never ratified them. However, critics have called the report a rehash of old policies that overlook several important issues on copyright reform. Writing on his blog, University of Ottawa Internet law professor Michael Geist, says the report is silent on the consumer outrage on the government's attempt at copyright reform in the now defunct Bill C-61 introduced last summer. Geist also says the report fails to mention that some CIPC members did not agree with the report's contents. In addition, the report lacks reliable data on counterfeiting, does not mention problems with anti-circumvention, as well as missing out on the business opportunities present in open source platforms, notes Geist. Gray disputes Geist's comments, saying CIPC members unanimously agreed on the report's recommendations. He adds that the report isn't intended to touch on all copyright disputes, but was written to serve as a framework that focused on the core issues that CIPC feels are important. The report, he adds, will be distributed to lawmakers on Parliament Hill this week. With Parliament back in session, it is expected that the federal government will try to re-introduce copyright legislation at some point. The report's other key recommendations are below: -Creation of an efficient border enforcement system to stem the flow of counterfeit goods, through legislative measures. -The creation of intellectual rights property legislation that conforms to WIPO rules that curtail counterfeiting and online piracy. -Enacting legislation that makes counterfeiting and piracy criminal offences under the Criminal Code. -The creation of an intellectual property rights crime task force to lead anti-counterfeiting and anti-piracy law enforcement efforts.

Intellectual Property Council renews push for copyright reform

News | 02/05/2009 7:53 pm EST

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