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The Fraser Institute

Canada Should Lead the Battle to Protect Intellectual Property Rights

Contact:

Owen Lippert, Director, Law & Markets
The Fraser Institute, (613) 565-0468, Email owenl@fraserinstitute.ca

Release Date: 12 April 1999

OTTAWA, ON, APRIL 12, 1999– "Canada should stop seeking cultural exemptions and lead the international effort to protect intellectual property rights in upcoming international trade agreements" says Owen Lippert, Director, Law and Markets Project, The Fraser Institute, in a article released today by the institute, "One Trip to the Dentist is Enough: Reasons to Strengthen Intellectual Property Rights Through the Free Trade Area of the Americas Now."

On Tuesday, April 13th, Lippert presents the case for Canada’s leadership in intellectual property rights protection to the House of Commons Standing Committee on Foreign Affairs and International Trade, and to its Sub-Committee on International Trade, Trade Disputes and Investment.

Committee Appearances

Presentation to the Standing Committee on Foreign Affairs and International Trade

Date: Tuesday, April 13
Time: 9:00 am
Location: Room 237-C, Centre Block, Parliament Buildings, Ottawa
Topic: Canada's trade objectives and the forthcoming agenda of the World Trade Organization

Presentation to the Sub-Committee on International Trade, Trade Disputes and Investment

Date: Tuesday, April 13
Time: 3:30 pm
Location: Room 536, Wellington Building, 180 Wellington Street, Ottawa
Topic: Canada's priorities in the Free Trade Area of the Americas negotiations.

"Canada, as chair of the Free Trade Area of the Americas (FTAA) negotiations for 1999, has the opportunity to advance the international protection of intellectual property rights (IPR)," argues Lippert.

"We should take a clear and unequivocal stand in favour of entrenching the IPR protections contained in the North American Free Trade Agreement (NAFTA) in the FTAA. Moreover, we should seek to improve the NAFTA standards by clarifying our position on the patent status of genetically altered life forms, commercial databases, patent term restoration, the confidentiality of drug testing data and the use of investment protections to uphold patent rights and copyright."

To further discussion, the Fraser Institute is conducting seminars on international trade and intellectual property rights protection in Santiago, Chile and Buenos Aires, Argentina on April 19th and 22nd respectively.

"By setting the agenda for clear, strong intellectual property rights in the FTAA negotiations, Canada can also set the standard for the re-examination of global IPR protections in an upcoming round of trade talks being held under the auspices of the World Trade Organization," elaborates Lippert.

The empirical evidence is becoming clearer that countries who offer a high standard of intellectual property protection receive significant benefits not only in terms of more investment, but also in strengthening their fundamental ‘rule of law.’

"Canada’s own post-NAFTA experience stands as evidence of the economic growth potential of improved IPR. Since Canada adopted Bill C-91 (amendments to the Patent Act) abolishing compulsory licensing, the average price of patented drugs has increased by less than the rate of inflation and pharmaceutical research and development spending has gone from $504 million a year to nearly $850million today. Canada’s pharmaceutical, software and high-tech manufacturing industries—and Canadian consumers—are looking to Ottawa to assert its leadership in the realization of hemispheric and global free trade and investment protection," concludes Lippert.

Lippert’s article also appears in the current issue of the Fordham Intellectual Property, Entertainment and Media Law Journal (New York).

Further international talks are scheduled to take place when the trade ministers of the 34 hemispheric countries meet in Toronto on November 1st and 2nd and a month later at a Heads of State meeting in Seattle. The negotiations on intellectual property in the FTAA currently being held in Miami, Florida could set a standard which would form the basis for the ‘Millennium Round’ of trade negotiations to further reduce tariff and non-tariff barriers. 

Established in 1974, The Fraser Institute is an independent public policy organization based in Vancouver.

To read One Trip to the Dentist is Enough: Reasons to Strengthen Intellectual Property Rights Through the Free Trade Area of the Americas Now   online, click here.

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