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When the Act was last amended in 1997, a new section 92 ensured
that, within five years after its coming into force, the Minister
(Canadian Heritage) would report to both Houses of Parliament on
the operation of the Act and on recommendations for further
amendments. The Section 92 Report was therefore tabled on October
3, 2002 ("Supporting Culture and Innovation: Report on the
Provisions and Operation of the Copyright Act"). It identified
many areas where the Act needed to be amended further. Since then,
there have been four attempts at revising the Act: bill C-60 in
2005, bill C-61 in 2008, bill C-32 in 2010 and bill C-11 in 2011.
The first three bills died on the Order Paper as federal elections
were being called.
On March 15, 2012, a Special Legislative Committee reported bill
C-11 with amendments back to the House of Commons where it received
its Third Reading on June 18, 2012. It was immediately sent to the
Senate where it received its Second Reading on June 20 and was sent
to the Senate Banking, Trade and Commerce committee. The
Senate's committee closed its deliberations on June 26 and the
bill was reported back to the Senate on June 27. In spite of last
ditch efforts by Canada's cultural industries to bring the
committee to amend its most grievous provisions, the bill that was
reported back to the Senate was identical to the bill passed by the
House of Commons.
The controversial bill received its Third Reading and received
Royal Assent on June 29.
Section 63 of the Act as amended provides that the Act will come
into force on a date fixed by order of the Governor in Council. It
is expected to become law in September. Corresponding regulations
are expected to come into force at the same time.
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Given that many Canadian Internet web sites do receive U.S. visitors and many also utilize a DMCA safe-harbour provision, understanding the scope of protection that the safe harbour provides can be important to Canadians.
ICANN (the entity that essentially controls the worldwide domain name system) is in the final stages of processing approximately 1,900 applications for new gTLDs (generic Top Level Domains – like ".com") many of which are expected to come online in 2013.
In this case, Apotex claimed damages pursuant to s. 8 of the NOC Regulations, and Pfizer alleged that Apotex should not be entitled to damages, due to the principles of ex turpi causa relating to its alleged infringement of the relevant patent.
In a recent judgment, the Federal Court of Canada, granted Apotex's claim against Pfizer for section 8 damages under Canada's Patented Medicines Regulations, SOR/93-133.
Canada, China And Copyright Law (Presentation)
