VZCZCXRO3736
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0328 1201830
ZNR UUUUU ZZH
P 301830Z APR 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 9379
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

UNCLAS OTTAWA 000328 
 
SIPDIS 
SENSITIVE 
 
STATE FOR WHA/CAN AND EEB/TPP/IPE 
STATE PASS USTR FOR MELLE, SULLIVAN, VETERE, AND MCCOY 
COMMERCE FOR JENNIFER BOGER AND SKIP JONES 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR CA
SUBJECT: GOC NOTIFIED OF CANADA'S POSITION ON SPECIAL 301 
PRIORITY WATCH LIST 
 
REF: STATE 42915 
 
¶1. (SBU) Summary: On April 30, Embassy officials notified GOC 
officials that Canada will be included on the Priority Watch 
List (PWL) in the 2009 Special 301 Report.  Department of 
Foreign Affairs and International Trade (DFAIT) officials 
stated that elevation to the PWL will make it more difficult 
for Canada to implement increased IPR protection.  They did 
also say that Canada would continue to cooperate with the 
United States on IPR issues in international arenas. 
Officials from Industry Canada and Heritage Canada seemed 
less concerned about the decision and expressed hope that 
elevation to PWL might even help motivate the GOC to finally 
implement modern copyright law. End Summary. 
 
Reaction at DFAIT 
----------------- 
¶2. (SBU) EconCouns delivered reftel points to Andrew Moroz, 
Acting Director General, North America Trade Policy Bureau, 
DFAIT.  Moroz expressed thanks for the advance notice, but 
also deep disappointment at the decision.  He stated that the 
GOC has clearly demonstrated a serious commitment to IPR 
protection.  Moroz also said that this decision complicates 
Canada's ability to introduce and implement new IPR 
legislation.  He reiterated commonly-voiced DFAIT complaints 
that the 301 process is "deeply flawed" and "not a real 
analysis."  Moroz said that he anticipates questions from 
industry and media organizations, and feels that the GOC will 
need to share their thoughts on the process and take a harder 
tone than usual in responding to the questions. 
 
¶3. (SBU) Moroz asked whether other countries had been added 
to or removed from the PWL.  He also inquired whether there 
are any section 306 countries on the 2009 Special 301 Report. 
 Nancy Segal, Acting Director, Intellectual Property, 
Information and Technology Trade Policy Division, DFAIT, 
complained that the measures requested of Canada in the 
Special 301 Report are a moving target.  Although Canada has 
been on the Watch List for 14 years, the current issues are 
not the issues that were listed 14 years ago, according to 
Segal.  She claimed that many of the older issues have 
already been addressed by Canada. 
 
Reaction at Heritage and Industry 
--------------------------------- 
¶4. (SBU) Economic Minister Counselor delivered reftel points 
to Ian Todd, Chief of Staff to the Minister of Heritage, and 
Econoff conveyed the message to Zoe Addington, Policy 
Director to the Minister of Industry.  Both officials had a 
lower key reaction than their DFAIT colleagues.  Todd said 
that he is disappointed that the copyright legislation did 
not progress more quickly over the past few months.  He also 
expressed hope that elevation to PWL might help the GOC work 
with Parliament to make progress on introducing a new 
copyright bill. 
 
Visit Canada,s North American partnership community at 
http://www.intelink.gov/communities/state/nap / 
 
BREESE