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It has been interesting for me to read the media coverage of a series of reports just issued by the Conference Board of Canada on IP and innovation. Initially the media focused on the Conference Board’s conclusions, but today’s headlines address more serious allegations about the reports’ objectivity and even possible plagiarism.
I’m especially interested in these stories because last year I was commissioned to provide a research report for the Conference Board on these same issues of IP and innovation in the digital economy. The Board and I made the standard agreement that I’d be permitted to use the work I created in my subsequent academic and professional activities, but not until 12 months after my project was finished. It is a pretty weird coincidence that the 12-month window ended today, May 26, 2009.
FYI, this was my conclusion:
IPRs can facilitate innovation if an appropriate balance is struck between sufficient protection and free competition. Canada’s laws governing IPRs are recognized to be very good, but could be improved. With respect to copyright in the digital environment, three priority issues to deal with are implementing treaty provisions regarding TPMs, clarifying intermediaries’ liabilities and obligations and enabling greater use of flexibilities and limitations.
Canada should follow the example set by Israel and adopt a ‘wait-and-see’ approach toward TPMs, in order to avoid entrenching a potentially inappropriate regulatory regime for technologies with an uncertain economic and cultural future, or a middle-ground model with circumvention prohibitions tied to infringement should be adopted. Intermediaries should be required to assist in online copyright enforcement under a ‘notice-and-notice’ system that requires them to inform customers of alleged infringements, and policy-makers should closely follow and participate in discussions about self-regulation. Canada’s statutory system for fair dealing should be amended to take account of technological, cultural and commercial realities and to create new opportunities for economic growth and innovation, while stakeholders simultaneously work together to design best practices online.
As always, I’m open to new thinking and ideas on these issues. Constructive comments and suggestions on my draft working paper would be welcomed.
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