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German Pirate Party leaks CETA intellectual property rights chapter

For now I’m just going to post the link:

See some tentative remarks on the text from the Foundation for a Free Information Infrastructure’s ACTA workgroup:

Generally, the FFII write-up suggests CETA will be ACTA-minus, to use a kind of horrible term. ACTA refers to the Anti-Counterfeiting Trade Agreement that European opposition voted down in the European Parliament in 2012, essentially killing the project. Besides promises to comply with several treaties at the World Intellectual Property Organization, which Canada is only now seeking to ratify, there doesn’t appear to be anything in the CETA IP chapter that will require changes to Canadian law.

A leak of the 2012 CETA intellectual property chapter suggested the European Commission was using the Canadian deal to try to sneak ACTA reforms in through the back door. EU spokespersons quickly denied it, saying at least the provisions which would have criminalized copyright infringement and circumvention of digital locks were removed.

Article 5.6 of the current IP chapter shows the EU did not accept a Canadian request to also criminalize the camcordering of movies.

This new leak includes an updated table of contents (see below) for the full CETA agreement, which gives us a sense of just how extensive it will be if Canada and the EU ever get it finished. Hopefully we’ll be seeing more of that soon…



1. National Treatment and Market Access for Goods p.4

2. Rules of Origin and Origin Procedures p.21

3. Customs and Trade Facilitation p.61

4. Sanitary and Phytosanitary Measures (SPS) p.66

5. Technical Barriers to Trade (TBT) p.86

6. Trade Remedies p. 92

7. Subsidies p. 95

8. Investment and Services p.98

  • Investment p. 98

  • Chapter on Cross-Border Trade in Services p. 123

  • Mutual Recognition of Professional Qualifications p. 128

  • Temporary Entry p. 137

  • Domestic Regulation p. 155

  • International Maritime Transport Services p. 159

  • Ground handling Definition p. 163

  • Airport Services Definition p. 164

  • Financial Services p. 165

  • Telecommunication p. 179

  • E-Commerce p. 189

9. Competition p.191

10. MSE (Monopolies and State-Owned Enterprises) p. 194

11. Government Procurement p.197

12. Intellectual Property p.222

13. ISDS (investor-state dispute settlement) p.240

14. Sustainable Development p. 311

  • Sustainable Development p. 311

  • Labour p. 316

  • Environment p. 331

  • Forest Products p. 341

15. Taxation p. 343

16. Institutional Provisions p. 347

  • Preamble text p. 347

  • Initial Provisions and General Definitions p. 349

  • Transparency p. 355

  • Exceptions p. 358

  • Final Provisions p. 361

17. Dispute Settlement p.364

18. Cooperation and Annexes p.388

  • Bilateral Dialogue on Raw Materials p.388

  • Enhanced Cooperation on Science, Technology, Research & Innovation (STRI) p. 389

  • Cooperation in the Field of Motor Vehicle Regulations p. 391

  • Protocol on Conformity Assessment p. 396

  • Bilateral Cooperation on Biotechnology p. 416

  • Regulatory Cooperation p. 417