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  • Author: Jeremy de Beer
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
  • Topic: International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, USMCA
  • Political Geography: United States, Canada, North America, Mexico
  • Author: Susan Ariel Aaronson
  • Publication Date: 04-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: From posting photos and videos to tracking physical activity, apps can do almost anything, but while they may seem like harmless fun, they may also pose a threat to personal data and national security. This paper compares the different responses of the United States, Canada and Germany to data risks posed by popular apps such as FaceApp, Facebook, Strava, TikTok and ToTok. These apps and many others store troves of personal data that can be hacked and misused, putting users (and the countries in which they live) at risk.
  • Topic: Security, Digital Economy, Social Media, Data
  • Political Geography: United States, Europe, Canada, Germany, North America
  • Author: Jason Thistlethwaite, Andrea Minano, Daniel Henstra, Daniel Scott
  • Publication Date: 04-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Nearly every year, Indigenous peoples in First Nations communities face property damage, disrupted livelihoods and the severe social and psychological burdens associated with evacuation due to flooding. Perhaps the most striking example is the recurrent flooding that afflicts the Kashechewan First Nation in Northern Ontario, whose residents have been forced to evacuate their homes every spring for 17 years. Although it’s known that Indigenous communities face a greater flood risk and experience more flood emergencies than the general Canadian population, the scope and magnitude of the current threat, and how it might evolve under climate change, has been little studied. This policy brief reports on research at the University of Waterloo that is assessing, quantifying and mapping the flood risk to Indigenous peoples living on reserve lands and includes policy recommendations to help with better understanding and reducing that risk.
  • Topic: Climate Change, Natural Disasters, Indigenous, Flood
  • Political Geography: Canada, North America
  • Author: Brigitte Vézina
  • Publication Date: 05-2020
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
  • Topic: Arts, Intellectual Property/Copyright, Culture, Indigenous
  • Political Geography: Canada, North America
  • Author: Meredith Lily, Hugo Perezcano, Christine McDaniel
  • Publication Date: 02-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Canada-United States-Mexico Agreement (CUSMA) — known in the United States as the United States-Mexico-Canada Agreement (USMCA) — was reached on September 30, 2018, and will replace its predecessor if successfully ratified by legislatures in all three countries. Several weeks later, on October 14–16, 2018, thought leaders from Mexico, the United States and Canada gathered for the fourteenth annual North American Forum in Ottawa, Ontario. In light of these events, CIGI initiated a trilateral project to anticipate and predict how North American trade and economic relations would unfold in the near term and further into the future. Three authors, Christine McDaniel, Hugo Perezcano Díaz and Meredith Lilly, each from one of the North American countries, explain the importance of the new CUSMA to their respective countries and how economic relations could be reshaped in the coming months and years. Earlier versions of these papers were presented in a panel discussion at the North American Forum.
  • Topic: International Trade and Finance, Regional Cooperation, NAFTA, USMCA
  • Political Geography: United States, Canada, North America, Mexico
  • Author: Olena Ivus, Marta Paczos
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: In recent years, Canada has adopted the Comprehensive Economic and Trade Agreement (CETA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Canada-United States-Mexico Agreement (CUSMA). Like other modern international trade agreements, CETA, the CPTPP and the CUSMA include protections for innovators’ profits and technologies in the form of intellectual property rights (IPRs) regulations. These trade agreements will have a first-order impact on the volume and composition of trade in goods and innovation with sensitive intellectual property (IP) in Canada, as well as having an impact on global welfare distribution. But is Canada’s membership in these agreements good for Canadian firms looking to compete globally? This paper begins with a review of the IP protections instituted through recent trade deals involving Canada. It discusses the nature and scope of Canada’s IP obligations under CETA, the CPTPP and the CUSMA and explains how these obligations fit within the current Canadian legal framework. The changes in the standards of IPRs under these agreements will have a first-order impact on the volume and composition of trade in IP-sensitive goods, innovation and global welfare distribution and so deserve thorough debate. The paper then proceeds with a broader discussion of the reasons to include IP provisions in international trade agreements and the rationale for international coordination of the IPRs policy. Next, the paper discusses how IP provisions in trade agreements limit the freedom to use IP policy to promote national interests, while acknowledging that the various IP obligations are counterbalanced by several flexibilities, including the right to establish local exhaustion policies. The paper concludes with policy recommendations.
  • Topic: International Trade and Finance, NAFTA, Trans-Pacific Partnership, Innovation, USMCA
  • Political Geography: United States, China, Canada, Asia, North America, Mexico
  • Author: Olaf Weber, Adeboye Oyegunle
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Recently, a task force has been established by the Financial Stability Board that addresses climate risks for the financial industry. The Task Force on Climate-related Financial Disclosures (TCFD) has published recommendations for standardized disclosure about climate-related risks, and it has proposed developing scenario analyses to address climate-related risks for the financial industry. Using the climate risk indicators developed by the TCFD, an impact analysis that explored how direct impacts of the risk indicators influence one another was conducted. In addition, the influence of indirect impacts of the risk indicators on each other was examined by using a mathematical approach, the cross impact matrix-multiplication applied to classification (MICMAC Analysis). Finally, three scenarios were generated (a business as usual scenario; a reduced climate policies scenario; and a strong climate policies scenario), from which recommendations were made that will enable the Canadian financial sector to address risks and take proactive action, including investing in a low-carbon economy, to mitigate climate change.
  • Topic: Climate Change, Environment, Investment, Financial Institutions
  • Political Geography: Canada, North America
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: The Transatlantic Commission on Election Integrity (TCEI), an initiative of the Alliance of Democracies, aims to prevent election interference by advocating for increased transparency and by fighting the use of disinformation in campaigns. The TCEI is systematically assessing the adequacy of laws, policies and practices in democratic states so as to evaluate their electoral resilience and ability to preserve their elections’ integrity. The TCEI met in Ottawa in April to consider Canada’s performance in this regard. This report, the first in a series of Election Risk Monitors from CIGI and TCEI, was prepared as a foundation for that assessment. After reviewing a range of threats and Canada’s new laws, policies and investments designed to anticipate and respond to them, it documents strategies that the Canadian government has adopted at home, as well as its contributions to international efforts. Finally, it outlines the policy choices that lie ahead for Canada regarding the exploitation of social media platforms by malicious actors who have an interest in influencing Canadian elections.
  • Topic: Elections, Democracy, Social Media, Election watch
  • Political Geography: Canada, North America
  • Author: Andrea Minano, Daniel Henstra, Jason Thistlethwaite
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Flooding is a growing source of financial insecurity for Canadian households. Flood maps serve a far more effective function in many countries than they currently do in Canada, and they are an essential tool with which to communicate flood risk to the public, encourage property owners to purchase insurance and encourage flood preparedness. Existing flood maps in Canada, however, are difficult to find, outdated and of poor quality, containing few of the characteristics that experts associate with high-quality maps. Improving information about flood exposure, by improving the quality of and access to these maps, can play an important role in protecting Canadians from significant financial risk.
  • Topic: Climate Change, Environment, Natural Disasters, Flood, Property
  • Political Geography: Canada, North America
  • Author: Sarah Burch
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Centre for International Governance Innovation
  • Abstract: Canada cannot deliver on its international obligations under the Paris Agreement without meaningfully engaging its small business sector. Small businesses are more than simple profit-maximizers: they are social and political actors. Policies and incentives to foster sustainability should be carefully tailored to respond to the variety of drivers at each size of firm, rather than employing the same approach across the spectrum. Government can accelerate small business sustainability innovation by providing information, cases and success stories; technical skills and expertise; financial support and incentives; and legitimation.
  • Topic: Climate Change, Development, Environment, Innovation, Sustainability
  • Political Geography: Canada, North America