The Return of ACTA: U.S. Dictating Canada’s Intellectual Property Laws

By Dana Gabriel

In March, the Canadian government introduced a bill that would bring about sweeping changes to its copyright and trademark laws. This includes giving more power to customs and border protection agents without any judicial oversight. The move is intended to prevent counterfeit goods from entering the country, but has been criticized for being less about protecting Canadians and more about caving to American demands. With the U.S. dictating global intellectual property standards, the new legislation represents the return of ACTA and would pave the way for Canada to ratify the controversial international treaty.

Over the years, the U.S. has been critical of Canada's efforts in addressing trade in counterfeit goods and has been pressing for intellectual property reform. In the 2009 United States Trade Representative (USTR) Special 301 Report, Canada was placed on a priority watch list of countries that do not provide adequate intellectual property enforcement. As part of its 2013 Trade Policy Agenda, the USTR is now pushing Canada to comply with the Anti-Counterfeit Trade Agreement (ACTA). The multinational treaty is designed to standardize intellectual property laws around the world. Although it has been signed by a number of countries, including Canada, so far only Japan has ratified ACTA. It was the result of public pressure associated with risks to internet privacy and online freedom of speech which lead to ACTA being rejected by the European Parliament in July of 2012. At the time, many assumed that ACTA was dead, but it still remains a top priority for the U.S. and they are attempting to revive the discredited agreement by trying to get the six necessary ratifications for it to come into force. In an effort to satisfy U.S concerns, Canada recently announced legislation which is aimed at bringing them in line with ACTA.

U.S.-EU Trade Deal is the Foundation For a New Global Economic Order

By Dana Gabriel

The U.S. and EU have agreed to launch negotiations on what would be the world's largest free trade deal. Such an agreement would be the basis for the creation of an economic NATO and would include trade in goods, services and investment, as well as cover intellectual property rights. There are concerns that the U.S. could use these talks to push the EU to loosen its restrictions on genetically modified crops and foods. In addition, the deal might serve as a backdoor means to implement ACTA which was rejected by the European Parliament last year. A U.S.-EU Transatlantic trade agreement is seen as a way of countering China’s growing power and is the foundation for a new global economic order.

In his recent State of the Union address, President Barack Obama officially announced that the U.S. would launch talks on a comprehensive Transatlantic Trade and Investment Partnership with the European Union (EU). A joint statement issued by European Commission President Jose Manuel Barroso, European Council President Herman Van Rompuy and U.S. President Obama explained that, “Through this negotiation, the United States and the European Union will have the opportunity not only to expand trade and investment across the Atlantic, but also to contribute to the development of global rules that can strengthen the multilateral trading system.” In a separate speech, European Commission President Barroso also emphasized that, “A future deal between the world's two most important economic powers will be a game-changer. Together, we will form the largest free trade zone in the world. So this negotiation will set the standard – not only for our future bilateral trade and investment, including regulatory issues, but also for the development of global trade rules.”

Growing Opposition to the Canada-EU Trade Agreement

By Dana Gabriel

With the final rounds of negotiations sessions planned for September and October, Canada and the EU are closing in on a free trade deal that would go far beyond the reach of NAFTA. Meanwhile, there is growing opposition to the agreement as the whole process has lacked openness, transparency and any public consultations. In Canada, there are concerns over the threat it poses to local democracy. This includes fears of deregulation and privatization, as well the expansion of corporate investor rights. There are also warnings that the deal could be used as a backdoor means to implement ACTA which was rejected by the European Parliament in July.

As the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) talks near their end, the Council of Canadians continue to voice their opposition to the deal. While I don’t agree with their position on some different issues, they have been championing the fight against CETA. In an effort to counter misleading statements made by the Conservative government regarding the trade pact, they have released the report, the CETA Deception. Trade campaigner, Stuart Trew explained how this is an effort to, “challenge the government’s reassurances that its EU trade deal will not affect public health or environmental regulations, will not allow foreign corporations to challenge public policy, will not undermine public services or municipal democracy, will not increase drug prices or hurt Canada’s supports for arts and culture. In each case, the government’s position is either misleading or demonstrably false.” As a result of the threat CETA poses to local sovereignty, a growing number of Canadian municipalities have passed resolutions seeking more information and a greater say in negotiations with some also requesting to be excluded from the agreement.

U.S. Economic, Political and Military Expansion in the Asia-Pacific Region

By Dana Gabriel


The U.S. is stepping up efforts to gain more influence in Asia-Pacific through participation in more regional institutions and negotiations on the Trans-Pacific Partnership (TPP) trade deal. U.S. foreign policy seeks to shape the future of the region in an attempt to dominate economic, political and security issues.

There are concerns over the rise of trade agreements in the Asia-Pacific by U.S. competitors that could greatly affect its interests. The TPP is seen by many as a key component of America’s trade strategy for further engagement in the region. A U.S. government fact sheet describes the TPP as a, “potential platform for economic integration across the Asia Pacific region. The United States will engage with an initial group of seven like-minded countries, Singapore, Chile, New Zealand, Brunei, Australia, Peru, and Vietnam, to craft a platform for a high-standard, comprehensive agreement - one that reflects U.S. priorities and values - with these and additional Asia-Pacific partners.” The TPP is open to other countries with Canada, Malaysia and the Philippines, among some of the nations that have shown interest in joining. It has been suggested that the U.S. may want the current eight partnership countries to reach an initial high-quality agreement before bringing others into the pact. In an effort to play a more dominant role, the TPP could be a means to address long-standing U.S. economic interests in Asia and be used to counter increasing Chinese trade in the region.

Advancing the Transatlantic Agenda

By Dana Gabriel


Although there is a need for Canada to expand its trade horizons, the Comprehensive Economic and Trade Agreement (CETA) currently being negotiated with the European Union (EU) appears to be based on the flawed NAFTA model. Many view it as an opportunity to decrease its trade reliance on the U.S., but it could serve to accelerate the corporate takeover of the country. The deal would exceed NAFTA in its scope and with the third round of negotiations scheduled for April 19-23 in Ottawa, there are lingering concerns regarding its lack of transparency. A Canada-EU CETA could be used to expand NAFTA, strengthen U.S.-EU economic relations and further advance the transatlantic agenda.

Some believe that the recent Canada-U.S. Agreement on Government Procurement is an important step in providing protection for future bilateral trade relations, but in the process it opens up provincial and municipal contracts to foreign corporations. Maude Barlow and Stuart Trew of the Council of Canadians criticized the Conservative government for giving up too much and receiving too little. In an collaborative article they emphasized that, “The provinces have been loath to sign the WTO's Government Procurement Agreement and did not agree to include subnational procurement in NAFTA because they could lose too much say in how public money is spent without getting any new access to the U.S. market..” They went on to say, “We believe the Buy American controversy provided Harper and the provinces, who are actively engaged in ambitious free-trade talks with Europe, with an opportunity to restructure the Canadian economy to reduce the role of our communities in setting spending priorities.” As part of the proposed CETA with Canada, one of the EU’s top objectives includes gaining access to procurement and services in areas of health, energy, water, as well as other sectors. The Canada-U.S. Buy American deal is an extension of NAFTA and has set a precedent which could further reinforce EU demands.