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Patricia O'Connell
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David Weslow Comments on Canada's IP Standards

Corporate Counsel
July 18, 2012

David Weslow, a partner in Wiley Rein's Intellectual Property Practice, was interviewed by Corporate Counsel for a story on a list produced by the U.S. Trade Representative of countries whose policies on intellectual property result in piracy, insufficient protections or lax enforcement.  Surprising to some, Canada is usually listed on the "Special 301" report.

Corporate Counsel reported that "the U.S. government, key trade associations, and even some top Canadian politicians have been in agreement: Canada's intellectual property laws-specifically, its Copyright Act-could use an overhaul."

Canada's prominence on the Special 301 report has been "a sort of black eye" for the country, said Mr. Weslow.  That includes Canada's policies on goods bearing counterfeit trademarks.  "In the U.S., if a trademark owner has taken steps with Customs, agents can seize counterfeits at the border," said Mr. Weslow.  "In Canada, agents don't have the authority to make the seizure."