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Reference ID: 07OTTAWA765
Created: 2007-04-26 20:08
Released: 2011-04-28 00:12
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Origin: Embassy Ottawa VZCZCXRO8566PP RUEHGA RUEHHA RUEHQU RUEHVCDE RUEHOT #0765/01 1162051ZNR UUUUU ZZHP
262051Z APR 07 ZDKFM AMEMBASSY OTTAWATO RUEHC/SECSTATE WASHDC PRIORITY 5500INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITYRUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY UNCLAS SECTION 01 OF 02 OTTAWA 000765
SIPDIS SENSITIVE SIPDIS STATE PASS USTR FOR SULLIVAN, MELLE, AND GARDE STATE FOR WHA/CAN AND EEB/TPP/MTA/IPC BOGER AND WALLACE COMMERCE FOR GERI WORD AND SEBASTIAN WRIGHT E.O. 12958: N/A TAGS: ECON ETRD KIPR CASUBJECT: PRIME MINISTER HARPER’S LETTER ON IPR ]
¶1. (SBU) On April 26, Ambassador Wilkins received a letter from Prime Minister Harper regarding U.S. concerns about the protection of intellectual property rights (IPR) in Canada. This letter, dated April 23, responds to a letter that the Ambassador wrote to the Prime Minister on January 31 regarding USG concerns on IPR. This exchange is not public; agencies should not reveal the content or existance of these letters.
¶2. (SBU) Comment: The Prime Minister offers no new information or policy initiatives in his letter which was delivered two business days before USTR formally announces the 2007 Special 301 report. Additionally, the Prime Minister appears to link progress on IPR initiatives under the Security and Prosperity Partnership (SPP) to initiatives on regulatory cooperation – a major Canadian concern. Given the timing of the letter, the lack of progress on IPR issues, and the attempt to link IPR to an unrelated Canadian concern we view this as an attempt to justify their inactivity rather than make the changes which more and more Canadians are realizing are needed. End Comment.
¶3. The full text of the Prime Minster’s letter of April 23 to Ambassador Wilkins follows: Excellency: Thank you for your recent letter which raised several important issues related to intellectual property rights. First, I would like to extend my appreciation for your dedication to ensuring a strong relationship between our two countries, one based on mutual respect and a long and deep history of cooperation. With respect to intellectual property rights, I can assure you that the Government of Canada takes the concerns you have raised in your letter very seriously. Work is underway to bring Canada’s copyright regime into conformity with the World Intellectual Property Organization (WIPO) Internet Treaties.
This work forms part of our efforts to ensure the effective protection and enforcement of intellectual property rights in Canada in a digital age, to provide intellectual property protections to both our domestic and trading partners’ industries, and to ensure investment, growth and innovation. The Minister of Industry and the Minister of Canadian Heritage are planning to move forward with proposals for important changes to Canada’s copyright regime in the coming months that would provide for the implementation of the WIPO Internet Treaties in our domestic legislation. Regarding the concerns you have raised about video piracy, remedies do exist for copyright infringement for the purposes of commercial distribution in our current laws. Canada possesses stiff penalties in the Copyright Act in order to deter and prevent the commercial distribution of copyrighted material. In addition, good cooperation exists between our law enforcement officials and industry associations concerned with video piracy. For example, the Royal Canadian Mounted Police is currently working with the Canadian Motion Picture Distributors Association (CMPDA) to improve enforcement in this area. I take note of the fact that your letter points to concerns about the enforcement of these laws. The Government of Canada is reviewing the enforcement of intellectual property rights, and options to strengthen this regime, in order to combat video piracy and the trade in counterfeit and pirated goods. Our governments are working closely together on initiatives QOur governments are working closely together on initiatives under the Security and Prosperity Partnership of North America (SPP), including on intellectual property. We have seen some progress on intellectual property initiatives under this umbrella, and I would like to take this opportunity to raise the importance of greater regulatory cooperation, an issue of importance to Canada under the SPP including a robust Regulatory Cooperation Framework. Enhanced cooperation between Canadian and United States regulators at an early stage of the regulatory process is essential to minimizing trade barriers and increasing the competitiveness of businesses on both sides of the border. I look forward to ongoing engagement on these trade-related issues, and to progress on joint initiatives, so as to continue to build upon our successes to date. OTTAWA 00000765 002 OF 002 Yours sincerely, Stephen Harper
¶4. (SBU) The full text of the Ambassador’s letter of January 31 to Prime Minister Harper follows: Dear Mr. Prime Minister: I want to thank you for your constant and successful efforts to improve the strong and productive relationship between our two countries. Over the past year, we have enjoyed notable progress in a number of areas — including settlement of the softwood lumber issue — due to your efforts. One important trade-related issue, however, continues to draw our attention and concern: intellectual property rights. Securing effective and adequate protection of intellectual property rights in Canada has become the U.S. Government’s top priority in our bilateral economic agenda. The U.S. and Canadian motion picture, sound recording, and computer software industries share our goal. The Royal Canadian Mounted Police estimates that intellectual property crime costs the Canadian economy between $10 billion and $30 billion annually. I greatly appreciate the commitment of Industry Minister Maxime Bernier and Canadian Heritage Minister Beverley Oda to improve Canada’s protection of intellectual property rights. I understand that they are working on copyright legislation that will, inter alia, ratify and implement the World Intellectual Property Organization (WIPO) “Internet Treaties,” which Canada signed in 1997. I urge your Government to introduce the copyright legislation into Parliament with all due speed, ideally before the end of February. The United States would be pleased to see the legislation include a prohibition against the manufacture and trafficking of circumvention devices and a “notice and takedown” model with respect to Internet Service Provider (ISP) liability. The United States is committed to supporting Canada,s efforts to create an intellectual property rights framework that promotes a high standard of protection, that encourages innovation, and that spurs economic growth in Canada. The U.S. Trade Representative Susan Schwab wrote to Minister Bernier last year on this issue and earlier this month raised intellectual property rights with Ambassador Wilson in Washington. To underscore our concerns, I met with — and wrote to — Minister Bernier and plan to meet Minister Oda on February 1. I am pleased to note that public awareness of intellectual property rights concerns is growing in Canada. There has been increased media attention recently, including a January 13 Globe and Mail article entitled “Pirates of the Canadians,” which reported on the link between worldwide DVD piracy and camcording in Montreal movie theaters. A similar article appeared in the January 30 Toronto Sun. As always, the Embassy staff and the United States Government stand ready to assist the Government of Canada in this important endeavor. Sincerely, David H. Wilkins Ambassador Visit Canada’s Classified Web Site at http://www.state.sgov.gov/p/wha/ottawa WILKINS
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