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Canadian Heritage committee I cannot say that I am not familiar with the agreement. I negotiated it and I have spent a lot of hours on it. Earlier, when we were talking about the responsibilities of Internet service providers, I just preferred to answer by reading a text in order to provide you with the exact terms.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee Would you like the list of the countries? I think it's 11 or 12, plus the 27 members of the EU.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee Yes, we already enforce IP rights. We have provisions in all our IP legislation, and there are damages, there are injunctive recourses. We already have international obligations. ACTA adds to what we have already at the international level. It builds upon what we have in the WTO, the TRIPS agreement, the trade-related aspects of intellectual property.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee I'm sorry, we'll have to take it under advisement.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee They must provide information to right holders.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee There is nothing for instance about the notice and takedown. When we were negotiating there were a lot of comments in this regard. People asked whether there was going to be a notice and takedown. But this is not a part of the agreement.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee It is a matter of providing information.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee Yes, there are certain provisions. I did not want to go into detail concerning the digital chapter, since this is discussed in Bill C-32. There are certain provisions concerning—
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee No, the provisions are not identical. When we negotiated the agreement, we worked very closely with Heritage Canada and Industry Canada to try to work out a base level. That is what is in the ACTA. It provides flexibility to all of the parties that were a part of the negotiation to implement the agreement in the way that is most appropriate to their domestic system.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee It is not the same. It is more general, if I could put it that way, quite simply.
January 31st, 2011Committee meeting
Edith St-Hilaire
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee The ACTA agreement is divided into a few chapters. You have civil provisions, criminal provisions, border provisions, and provisions on cooperation among member states. One of the examples we have in the ACTA is that the competent authority at the border at this point cannot share information with rights holders if they know that counterfeit goods are coming to the border.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee That it is in the ACTA.... That's one of the examples. There are some examples like that.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee Some of them are in the criminal area. If you have goods that are infringing, you have some criminal penalties. We don't necessarily destroy the goods. In ACTA there are provisions that say it's possible to destroy goods that infringe on IP rights.
January 31st, 2011Committee meeting
Edith St-Hilaire
Canadian Heritage committee No, that's all right. Forgive me for replying in English. I have the text of the agreement in English, and so it is easier to reply in that language.
January 31st, 2011Committee meeting
Edith St-Hilaire