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threatened to stymie privacy rights and freedom of expression. Many lawyers in Canada whose practices deal with intellectual property or technology are welcoming the treaty as one that will more readily protect cli- ents against intellectual property viola- tions. At the same time, there are many who point to ACTA's shortcomings. Alan Aucoin, a partner and litiga- tor at Blake Cassels & Graydon LLP in Toronto, says he believes the signa- tory countries will ultimately heed the concerns of their respective citizens. "There has been an avalanche of public outcry about the treaty, including that it is a detriment to people's personal rights, freedom of use of the Internet, and that it could impact on a coun- try's sovereignty with respect to privacy rights and copyright policy," Aucoin acknowledges. "But as almost always, there are two sides to every story." Aucoin's practice includes intellec- tual property and technology matters, both domestically and internationally, and he has detected a rising frustra- tion among his commercial clients in their efforts to protect innovation and their market share against counterfeit- ers. Aucoin points to a recent study conducted by the European Union that pegged the international counterfeit market to be worth upwards of $250 billion per year. Although IP rights are granted on a national basis, the protection of those rights often requires an internation- al remedy. "They're not talking only about handbags, but pharmaceuticals, electrical appliances, counterfeit toys, and even airplane parts," Aucoin points out. "There's no doubt that something has to be done to deal with this growing international counterfeiting problem and I think it's fairly clear that rights holders are going to be driving the bus or, at the very least, giving directions to the driver. This is a problem that costs people jobs and potentially puts the public at risk." He says part of the public's recent concerns regarding the proposed trea- ty stemmed, in part, from a proposal that Internet providers would be liable and therefore responsible for polic- ntitled-5 1 ing content on web sites based on a "three-strikes" rule requiring them to shut down service to a user who vio- lated copyright laws three times. The 36-page version of the draft that has been formally released is peppered with square brackets that denote clauses still under discussion. In short, there is still much work to be done among the member countries before the agree- ment is finalized. "There have been some concerns amongst many that this treaty isn't going to come around very quickly or at all," says Aucoin. "In the end, I think that governments will be sensitive to public pressures and the concerns of their constituents, and the treaty will be completed. Nonetheless, I would be very surprised if we see any- thing concrete before 2011." "Generally this is an attempt to co-ordinate, globally, counterfeiting Your IP partners Whether arguing before the court or the patent and trademark offices, the partners and associates at Dimock Stratton bring experience, perspective, insight, and attention to detail to the job. Our approach has won the respect of peers and clients alike and generated the consistent results that have earned us the distinction of mip Canadian Patent Contentious Firm of the Year 2008 and 2009. When you need a top ip partner, contact the team at Dimock Stratton. Dimock Stratton partners from top left to right: Mark Eisen, Henry Lue, Jenna Wilson, Bruce Stratton, Ron Dimock, David Reive, Angela Furlanetto, Mike Crinson Dimock Stratton llp experience. results. 20 Queen W. 32nd fl, Toronto | 416.971.7202 | dimock.com www. C ANADIAN Law ye rmag.com JULY 2010 47 2/17/10 12:32:25 PM