Last year, I wrote the following essay, as part of a collection of essays, “NAFTA and the Knowledge Economy”, published by the Centre for International Governance Innovation (CIGI). The essay discusses what Canada’s approach to intellectual property in the context of the renegotiation of NAFTA should be. Since the issues are back at the table, I thought I’d post it again. You can read it on CIGI’s website, download a pdf version, or simply scroll down.

Tagged with: , ,

Yesterday, McGill’s Centre for Intellectual Property Policy and I filed a joint Intervener Factum in the CBC v SODRAC case before the Supreme Court of Canada. The Court granted us leave to intervene with respect to the question of whether tariffs that the Copyright Board approved can be imposed on users. In the decision below, the Federal Court of Appeal (“FCA”) held that a collective management organization (“CMO”) can ask the Board to approve a licensing scheme and then impose it on users. If correct, such users then have no choice other than to deal with the CMO, and must, as …

Why Tariffs Aren’t Mandatory: Now the Factum Read more »

Tagged with: , , , ,