VZCZCXYZ0029
RR RUEHWEB

DE RUEHOT #1702/01 1531953
ZNR UUUUU ZZH
R 021953Z JUN 06
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC 2735
RUCPDOC/USDOC WASHDC

UNCLAS OTTAWA 001702 
 
SIPDIS 
 
SENSITIVE; SIPDIS 
 
PASS USTR FOR CHANDLER 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR CA
SUBJECT: IPR: PROSPECTS BRIGHTER FOR CANADIAN IMPLEMENTATION 
OF WIPO INTERNET TREATIES 
 
REFS: Ottawa 1322 
 
¶1. (SBU)  Summary:  In meetings with Ambassador Wilkins, two 
key ministers of the Harper government have described 
Canada's implementation of the WIPO Internet treaties as a 
joint priority of their respective departments, but their 
subordinate officials are still split on key issues.  We 
hope that the government will be in a position to introduce 
implementing legislation in Parliament by the fall of  2006, 
and urge Washington agencies to consider an Ottawa meeting 
with Canadian agencies and stakeholders to help us make our 
case to legislators.  End Summary. 
 
Copyright: State of Play 
----------------------------- 
¶2.  (SBU) Under Parliamentary rules, Bill C-60, introduced 
last fall to implement the WIPO Internet treaties, "died on 
the order paper" when Parliament dissolved in advance of 
last January's election.  Nobody expects the new 
Conservative government to reintroduce the same bill.  In 
introductory calls on Heritage Minister Beverley Oda and 
Industry Minister Maxime Bernier, the Ambassador stressed 
the importance of a strong bill to implement the WIPO 
Internet treaties.  Both Oda and Bernier responded that WIPO 
implementation is a priority for them, and Bernier intimated 
that new implementing legislation will be stronger than C- 
¶60.  Oda told the House of Commons Heritage Committee on 
June 1 that the departments are reviewing the comments 
received on C-60 as well as "other technical developments" 
(i.e. changes in technology since other OECD partners 
implemented the WIPO Treaties) and plan to submit a new bill 
in the fall.  (We have passed to the Canadian Heritage and 
Industry Departments USG comments on C-60's provisions.)  As 
Heritage Critic for the Conservative opposition, Oda was 
respected for her expertise on copyright issues, and 
industry observers expect her to be heavily engaged on the 
issue and a stronger voice for copyright owners.  Oda 
remarked to the Ambassador that she has been studying the 
Digital Millennium Copyright Act in an effort to familiarize 
herself with the issues.  However, Oda cautioned that the 
government as a whole will remain tightly focused on the 
"five priorities" outlined by Harper. (reftel) 
 
¶3.  (SBU) Econ officers also met with Canadian Heritage 
officials, including Assistant Deputy Minister for Culture 
Jean-Pierre Blais, and Director General for Copyright Policy 
Patricia Neri.  Blais and Neri expressed their appreciation 
for their frequent informal contacts with USG copyright 
experts, including the visit of Copyright Registrar Marybeth 
Peters in March.  They told us that they expect the 
government to have a bill ready by mid-fall, although they 
declined to speculate on how the bill would address 
controversial issues such as technical protection measures 
(TPMs) and notice and takedown. 
 
¶4. (SBU) The ministers of Industry and Heritage will have to 
submit a joint policy recommendation for Cabinet approval 
for the Justice Department to begin the official drafting 
process.  In practice, however, if both Ministers agree on 
the policy, the departments can informally begin drafting in 
advance and submit a more detailed recommendation to the 
Cabinet.  It is not clear yet whether Parliamentary 
officials will assign the bill to the Heritage Committee or 
Industry Committee, or try again to establish an ad hoc 
legislative committee with elements of both. 
 
¶5.  (SBU) Econ officers have also met with key MPs, 
including the Parliamentary Secretaries for Industry and 
Heritage and International Trade and the chair of the 
Industry Committee, to make the pitch for stronger IPR 
QIndustry Committee, to make the pitch for stronger IPR 
protection.  Response so far has been encouraging; 
Conservative MPs tend to view IPR as a property rights issue 
and are less impressed by the argument that strong IPR 
protection stifles creativity.  However, opposition clearly 
remains; in Oda's committee session this week, at least one 
MP described TPMs as "spyware" and a threat to consumers. 
Ministers and MPS have also commented that they are open to 
working through a series of smaller, more focused bills that 
are less unwieldy than the broad, complex and controversial 
update of IPR law that the previous government dithered over 
for years.  We will continue to meet with MPs on the 
relevant committees in anticipation of legislation this 
fall. 
 
Enforcement 
----------- 
¶6. (SBU) We also see room for hope on enforcement issues, 
especially at the border.  We have used the Harper 
government's focus on stronger law enforcement, including 
arming border guards and providing funds for hiring more 
 
RCMP officers, to underscore the link between counterfeit 
trade and organized crime and to argue for broader IPR 
enforcement powers for customs officers.  Public Safety 
Minister Stockwell Day's policy advisor has told us that the 
idea is under consideration.  DFAIT continues to chair the 
interagency working group on IPR enforcement. 
 
Comment and Recommendation 
-------------------------- 
¶7. (SBU) Conventional wisdom is that the Conservative 
government, which is riding high in the polls, may want to 
call elections as early as the spring of 2007 in order to 
secure a majority in Parliament, so the window to get a WIPO 
bill through the current Parliament is narrow.  Canadian 
officials are also aware of the desirability of 
strengthening copyright rules in order to protect 
merchandise being produced for the Vancouver Winter Olympics 
in 2010.  While we are already making the case for a strong 
bill to parliamentarians, we believe that it would be 
helpful to have USG experts reinforce the message, either in 
person or by DVC.  DFAIT officials have suggested that USG 
and GOC experts should meet in Ottawa in September or 
October to discuss IPR issues well in advance of the U.S. 
Special 301 Out-of-Cycle Review.  Post recommends that 
Washington agencies take up this offer; a meeting in Ottawa 
would allow for meetings with a broader range of Canadian 
experts and stakeholders and a Parliamentary program to 
reiterate our case to MPs.