VZCZCXYZ0000
RR RUEHWEB

DE RUEHOT #1317 1222030
ZNR UUUUU ZZH
R 022030Z MAY 06
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC 2314
INFO RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS OTTAWA 001317 
 
SIPDIS 
 
SIPDIS 
 
STATE PASS USTR FOR SAGE CHANDLER AND JENNIFER CHOE-GROVES 
COMMERCE FOR LAURIE ZIMMERMAN AND CHRIS ISRAEL 
 
E.O. 12958: N/A 
TAGS: CA KIPR ECON ETRD
SUBJECT: CANADA'S RESPONSE TO 2006 SPECIAL 301 DESIGNATION 
 
REF: STATE 66988 
 
¶1.  Econ officers presented the Special 301 decision to 
officials at the Department of Foreign Affairs and 
International Trade (DFAIT) Intellectual Property division on 
April 28 with follow-up on May 1.  Although DFAIT 
Intellectual Property Director Doug George reiterated 
Canada's annual objection to the Special 301 process in 
general, the overall reaction was calm.  George expressed 
appreciation that the USG had taken the recent political 
upheavals in Canada (two elections in one year and the 
formation of a Conservative minority government for the first 
time in over a decade) into account in determining Canada's 
Special 301 status. 
 
¶2.  Perhaps because there was little pushback available to 
the GOC on the Special 301 designation, George brought up the 
issue of "patent trolls" (his term) in connection with the 
recent high-profile Research in Motion (RIM) Blackberry case 
and asked if the US government planned to "examine its 
policies" on patents.  We pointed out that one high-profile 
case does not indicate a policy problem.  In response, George 
brought up the eBay case before the U.S. Supreme Court and 
asked whether the USG intends to file an amicus brief in the 
case. 
 
¶3.  George also suggested organizing a binational IPR Working 
Group Meeting in Ottawa, possibly in October, to conduct the 
Special 301 Out-of-Cycle Review, which, of course, the 
Canadians would prefer to call something else.  We urge the 
Washington interagency group to accept this invitation, which 
would give us the chance to use visiting experts to do 
outreach on IPR to MPs and other policymakers who do not 
usually come to Washington; with luck, new draft copyright 
legislation may be before Parliament by that time. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
WILKINS