Category NAFTA

Crunch Time in the NAFTA Negotiations: What’s at Play for Canada on Digital Policy?

As the NAFTA negotiations hit a possible home stretch this week, the focal point has been primarily on issues such as dispute resolution, the dairy sector, and the auto industry. However, the digital policy issues will have huge implications for Canada and the outline of the agreement between the U.S. and Mexico suggests that Canada is facing considerable pressure to agree to changes to our copyright, patent, IP enforcement, and digital policy rules, contrary to our preferred negotiation approach.

The NAFTA Negotiations — And Canada’s Priority Watch List Designation: It’s All About the Leverage

[Hugh Stephens] Abstract: Negotiating tactics can often appear harsh, but when the United States Trade Representative (USTR) placed Canada on its Priority Watch List (PWL), the move went beyond the standard give-and-take of renegotiating the North American Free Trade Agreement. Canada – a nation that believes in the rule of law – joins China, Algeria, Kuwait and Venezuela, to name just a few, on the PWL list for its alleged “worst” record in intellectual property standards. Granted, Canada has room for improvement in this area, but for the USTR’s annual Special 301 report to place it on the PWL is hardly credible. It is no coincidence that Canada, the only G7 country – and virtually the only western country – to make either the PWL and the USTR’s lesser Watch List (WL), is also in the midst of renegotiating NAFTA with the United States and Mexico.

Comments to the Mexican Senate on Copyright Provisions in the NAFTA Renegotiation

I am here to speak about the importance of including provisions in NAFTA to protect the abilities of countries to have general and open public interest copyright exceptions. All three countries have such exceptions to varying degree. And all three are under threat from the agenda of some copyright holders in international forums.

“Free Trade” Agreements Would Be More Fair With Fair Use At Their Core

... Copyright and other intellectual property rights will continue to be included in bilateral and multilateral trade negotiations, such as in the continuation of the Trans-Pacific Partnership (now renamed “CPTPP” to stand for Comprehensive and Progressive Agreement for Trans-Pacific Partnership), the renegotiation of the North American Free Trade Agreement (NAFTA), and the talks on the Mercosur-EU trade agreement.  

A common theme across all these trade agreements is an increase in copyright protection, enforcement measures, and infringement penalties aimed to benefit incumbent industries and rights holders. What is usually missing? The necessary checks and balances that protect and defend the rights of users and the public interest to access, share, and re-use content in the public good.

Civil Society Letter to NAFTA Negotiators: Do Not Undermine Access to Affordable Medicines

The following letter to the trade and health ministers of the NAFTA negotiating parties was signed by nearly 100 organizations concerned with health. A printable PDF of the letter, including a full list of endorsements, is available on the MSF Access to Medicines site.  Dear Ministers: As organizations concerned with health issues domestically and globally, we urge you to ensure that any renegotiation of the North American Free Trade Agreement (NAFTA) does not undermine access to affordable medicines.

NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada

The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.

Scholars and Advocates Urge NAFTA Negotiators to Protect Free Speech Online

[Eric Goldman, Santa Clara University School of Law] Fifty-five Internet law experts and organizations have written a letter urging Canadian, Mexican, and U.S. trade negotiators to protect Internet businesses from being sued for content posted by others on their sites. The letter comes as representatives from the U.S., Mexico and Canada are working on changes to modernize the 23-year-old North American Free Trade Agreement, NAFTA.

U.S., Canadian & Mexican Law Professors, Academics and Policy Experts: NAFTA Must Include Fair Use, Safe Harbors

Update – November 20: The statement of principles for copyright balance in trade agreements is now available in both English and French WASHINGTON – Today, over seventy international copyright law experts called for NAFTA and other trade negotiators to support a set…