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LEGAL REPORT: INTELLECTUAL PROPERT Y activities which will, on one hand, make enforcement more effective," says Bruce Green of Oyen Wiggs Green & Mutala LLP in Vancouver. "But on the other hand, there are personal freedoms that Canadians feel they should be entitled to." He suggests there could be questions of ACTA's constitutional applications and priva- cy issues here although "this would be something Canada's negotiators will need to account for" before signing off on our participation, he says. "It's the age-old battle between the users and the owners but Canada has been very slow in adapting its copyright laws into the digital information era," Green points out. He says since the draft contains so many sections denot- ed by clauses in square brackets, "there's a lot of negotiation left to be done." But ultimately, it will provide means to update the country's copyright laws into the digital era that is indeed long overdue. The latest stab at new copy- right legislation was released to mixed reviews at the beginning of June. Indeed, Industry Minister Tony Clement recently affirmed that ACTA will have to comply with Canada's approach to copyright laws. He was responding to questions about the fed- eral government's plans for the new copyright bill after its last attempt to obtain passage of bill C-61 failed in 2008. The ACTA signatories had scheduled a meeting in Switzerland last month, so the international agree- ment has some ways to go before being finalized. Jean-Philippe Mikus, a partner and trademark agent at Fasken Martineau DuMoulin LLP in Montreal, agrees that lawyers need more efficient means to assert copyright protections. He has represented film producers and record companies on enforcement matters and says online violations are frequent. "There are a lot of challenges in address- ing infringement issues but I think it's important to have this discussion and talk about these things," says Mikus. "There is a general grassroots movement that is against any form of restraints, but the pendulum has swung too far on one side and we have to recognize that this is an important aspect of trade and for our Canadian pride, as ultimately, it might be that Canadian culture and the related industries will lose out because it's expensive for them" to prosecute and enforce their copyrights. Without an updated version of copyright laws and international par- ticipation, it is possible Canadian art- ists and innovators not employed by prominent companies would end up having to rely solely on government funding, which would relegate them to the sidelines and stifle the country's cultural industries. He also says the proposed ACTA agreement goes beyond Internet viola- tions to empower border authorities to confiscate counterfeit products. "The current system in Canada requires that rights owners know in advance where the shipment is coming from and what Canadian Patent Reporter Let the experts help you to narrow your search and save you research time. Canadian Patent Reporter has been Canada's leading intellectual property law report since 1942. This renowned resource, available online and in print, includes precedent-setting intellectual property law judicial and board decisions from across Canada. This publication has a tradition of providing practitioners with the leading decisions on patent, industrial design, copyright and trade-mark law. Topical catchlines in bold print show the key issues involved. Expert case selection, editing and headnoting are a tradition with Canadian Patent Reporter. Weekly updates via email and in print, plus an annual cumulative index volume, ensure that this publication continues to be the prime reference source for intellectual property case law. ORDER your copy today Full service subscription (parts and bound volume) • $399 • 9 vol/yr P/C 0325094999 • ISSN 0008-4689 Back volumes available Includes eReports (weekly electronic PDF version) Stay current as cases are issued with eReports e-mailed weekly to your desktop, with topically indexed case summaries linked to the full text judgments. For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0610 48 JULY 2010 www. C ANADIAN Law ye rmag.com CPR (CL 1-2h)).indd 1 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. 6/11/10 9:28:55 AM Edited by Marcus Gallie, Ridout & Maybee LLP