VZCZCXRO8244
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHC #2113 2461945
ZNR UUUUU ZZH
P R 031927Z SEP 09
FM SECSTATE WASHDC
TO RUEHOT/AMEMBASSY OTTAWA PRIORITY 6443
INFO ALL CANADIAN POSTS COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS STATE 092113 
 
SENSITIVE 
SIPDIS, COMMERCE FOR JENNIFER BOGER 
 
E.O. 12958: N/A 
TAGS: ECON ETRD KIPR CA
SUBJECT: TALKING POINTS ON COPYRIGHT LEGISLATION FOR USE WITH GOC 
OFFICIALS 
 
REF: OTTAWA 644 
 
USTR FOR JOHN RODRIGUEZ 
 
Per request reftel, there follow interagency-cleared talking 
points for Embassy to deliver to appropriate senior Canadian 
officials to encourage them to introduce quickly legislation 
to modernize Canada's copyright regime. 
 
Begin Talking Points: 
 
-- The U.S. Government appreciates the high level of 
cooperation between our two Governments in many important 
bilateral and multilateral IPR initiatives, including through 
the World Trade Organization, the World Intellectual Property 
Organization and the negotiations for the proposed 
Anti-Counterfeiting Trade Agreement. 
 
-- The USG welcomes Canada's repeated commitments to improve 
IPR protection and enforcement. 
 
-- However, we are hopeful that Canada,s previously 
expressed commitments ultimately turn into results, 
especially in the area of improved copyright protection. 
 
-- Indeed, as 12 years have passed since Canada signed 
(signed in 1997) both the World Intellectual Property 
Organization (WIPO) Copyright Treaty and the WIPO 
Performances and Phonograms Treaty (collectively, the WIPO 
Internet Treaties), we strongly encourage Canada to act on 
its prior commitments by promptly enacting effective 
copyright legislation to properly and fully implement these 
treaties. 
 
-- Although Canada has made progress towards increasing the 
protection of IPR -- most notably with the 2007 
anti-camcording law -- the USG is disappointed that Canada 
has made little progress on modernizing its copyright law to 
implement the WIPO Internet Treaties. 
 
-- As you are fully aware, this was one reason why Canada was 
elevated to Priority Watch under the 2009 Special 301 Review. 
 
-- The USG is pleased to see the large amount of time and 
energy that your Ministry has invested in the copyright 
consultations taking place this summer.  We hope that upon 
the conclusion of these consultations you will move quickly 
to introduce effective copyright legislation. 
 
-- As we have previously shared, the USG believes that 
effective copyright legislation accounting for modern and 
changing technology would include: 
 
Prohibition of manufacturing and trafficking in technological 
protection measure (TPM) circumvention devices as an offense 
separate from copyright infringement; 
 
Prohibition of circumvention of TPMs that control access to 
works (quote access controls unquote); 
 
Deterrent penalties against unauthorized circumvention -- 
both civil and criminal; 
 
If there are any exceptions to TPM or rights management 
information (RMI) liability, the exceptions should be clearly 
enumerated and narrow in scope; 
 
A system of protections and obligations for ISPs that 
shelters them from certain liability, reduces and prevents 
copyright infringement on the Internet and provides 
incentives for ISPs to work cooperatively with copyright 
owners. 
 
-- Overall, the bill should strengthen the current level of 
copyright protection and enforcement in Canada. 
 
-- Ambassador Ron Kirk, the United States Trade 
Representative, remains keenly interested in this issue. 
 
-- (If needed) As Ambassador Kirk indicated in April, USTR is 
prepared to reopen the USG interagency process to reassess 
Canada,s placement on the Special 301 list if Canada enacts 
adequate legislation. 
 
End Talking Points. 
CLINTON