VZCZCXRO5402
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0149 0582007
ZNR UUUUU ZZH
P 272007Z FEB 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 9120
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

UNCLAS OTTAWA 000149 
 
SIPDIS 
SENSITIVE 
 
STATE FOR WHA/CAN AND EEB/TPP/MPA/IPE WATTS AND KEAT 
STATE PASS USTR FOR J MELLE, M SULLIVAN, G VETERE, AND S 
MCCOY 
COMMERCE FOR GERI WORD, EMILY BARRAGAN, AND JENNIFER BOGER 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR CA
SUBJECT: CANADA: EMBASSY OTTAWA 2009 SPECIAL 301 
RECOMMENDATION 
 
REF: A. STATE 8410 
     ¶B. 08 OTTAWA 71 
     ¶C. 08 OTTAWA 311 
     ¶D. 08 OTTAWA 377 
     ¶E. 08 OTTAWA 586 
     ¶F. 08 OTTAWA 637 
     ¶G. 08 OTTAWA 787 
     ¶H. 08 OTTAWA 794 
     ¶I. 08 OTTAWA 945 
     ¶J. 08 TORONTO 110 
     ¶K. 08 TORONTO 153 
     ¶L. 08 TORONTO 191 
 
Sensitive but Unclassified.  Not for dissemination outside 
the U.S. Government. 
 
¶1. (SBU) Mission Canada continues to be frustrated by 
Canada,s failure to implement the World Intellectual 
Property Organization (WIPO) internet treaties, to update its 
copyright laws, and to make the changes necessary to 
effectively search for and seize counterfeit goods at the 
border.  Despite these concrete shortcomings, Canada has 
clearly shown it's willingness to improve the protection of 
intellectual property.  For the following reasons, Mission 
Canada recommends that Canada remain on the Special 301 Watch 
List: 
 
 - In June 2008, the Government introduced legislation that 
would have likely brought Canada,s copyright regime into 
compliance with the WIPO internet treaties and addressed key 
U.S. concerns.  The bill, however, died on the order table 
(with all other outstanding legislation) in September 2008 
when the Governor General announced new federal elections. 
The Conservative Government was reelected and has pledged to 
reform Canada,s copyright laws.  The Minister of Canadian 
Heritage recently testified to Parliament that he expects to 
re-introduce the copyright legislation in the fall of 2009. 
(Refs D, H, I, J, and L) 
 
 - Also in June 2008, Canada amended its Patented Medicines 
(Notice of Compliance) Regulations to address a key IPR 
concern of research-based pharmaceutical companies.  While 
the companies still seek a further regulatory fix to prevent 
generic firms from producing patented medicines after certain 
judicial rulings, the Notice of Compliance regulatory change 
was a step in the right direction. 
 
- Canada continues to work alongside the United States to 
advance the protection of IPR internationally.  Canada has 
partnered with us on IPR issues in the World Trade 
Organization (WTO), World Health Organization (WHO), Security 
and Prosperity Partnership (SPP), the World Intellectual 
Property Organization (WIPO)and the Anti-Counterfeiting Trade 
Agreement (ACTA). In June 2008, for the second year running, 
Canada's Royal Canadian Mounted Police jointly hosted (with 
INTERPOL) the International Law Enforcement IP Crime 
Conference. (Ref F, G) 
 
 - The motion picture industry reports that enforcement of 
Canada,s 2007 anti-camcording law has been effective, and 
that Canada is no longer a significant source of camcorded, 
pirated movies. 
 
 - In December 2008, a delegation of Canadian Border Service 
Agency (CBSA), Public Safety, and Royal Canadian Mounted 
Police (RCMP) visited the Port of Baltimore and the ICE 
National IPR Enforcement Center in order to better understand 
U.S. best practices for IPR enforcement. 
 
¶2. (SBU) Although there has been no legislative change since 
last year when Mission Canada recommended that Canada be 
elevated to the Special 301 Priority Watch List, given 
Canada,s good faith efforts to address IPR protection, 
Mission Canada recommends that Canada remain on the Special 
301 Watch List. (Ref C) 
 
Visit Canada,s Economy and Environment Forum at 
http://www.intelink.gov/communities/state/can ada 
 
BREESE