Global Copyright Protection: 2009 USTR Report

On April 30, the Office of the United States Trade Representative (USTR) released its 2009 Special 301 Report, which is an annual review of the global state of intellectual property rights (IPR) protection and enforcement. The big surprise contained in the 2009 edition of the Report was the inclusion of Canada on the "Priority Watch" list when it had previously been included only on the lower "Watch" list. In so doing, the USTR cited "growing concerns" in Canada.

While the USTR made note of the traditional high level of cooperation between the Canadian and American governments on many IPR initiatives, the Report expressed concern with Canada's delay in the implementation of copyright reforms, as the Canadian government has previously committed to enact in 2007 and 2008. Without explicitly referring to Bill C-61, An Act to amend the Copyright Act, which died on the order paper in September 2008, the Report made note of Canada's "failure to accede to and implement the