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PAGE 4 NEWS June 13, 2011 • Law Times WOULD YOUR CLIENT QUALIFY FOR ENTRY UNDER A PROVINCIAL NOMINEE PROGRAM? A PRACTICAL GUIDE TO PROVINCIAL NOMINEE PROGRAMS IN CANADIAN IMMIGRATION LAW EDITORS: RANDOLPH K. HAHN AND DAVID GARSON Provincial Nominee Programs (PNPs) are a key part of Canada's immigration strategy, and exert a growing influence over selection. A Practical Guide to Provincial Nominee Programs in Canadian Immigration Law will give you an essential understanding of PNPs and help you identify opportunities for your clients to immigrate to Canada by this alternate means of entry. Under a PNP, the provinces and territories can nominate individuals as permanent residents, as they are in the best position to determine their own labour market needs. As a result, immigrants who arrive in Canada increasingly do so after being nominated by a province. 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Stanford McCoy, the assistant U.S. P trade representative for intellectual property and innovation, urged Cana- da to make the move while in Toronto last week for the Canadian Intellectual Property Council's annual meeting in Toronto. "Th e really important thing is not how much a future Canadian copyright law looks like anyone else's copyright law. Th e important thing is that meaningful reform, reform that lives up to its billing, has the potential to bring home for Ca- nadian and foreign artists and authors alike the benefi ts of their creativity. "It has the potential to shake off once and for all the notion of Graham Henderson In Toronto: 416-609-3800 Canada as an international haven for online piracy of the works of Canadian and foreign artists." A new copyright law has repeatedly been derailed on Parliament Hill due to elections and prorogation, and the issue remains a con- troversial one given opposition to any crackdown on what some consumers do. In the meantime, McCoy's department has placed Canada on its Special 301 Report priority watch list because of its alleged failure to bring the country's copyright law into the digital age and address Internet piracy. McCoy also urged the federal government to give customs of- Untitled-1 1 6/8/11 4:42:24 PM STAY UP TO DATE WITH THE LATEST PENSION LEGISLATION NEW EDITION FEDERAL & ONTARIO PENSION LEGISLATION 2011-2012 CONSULTING EDITOR: SUSAN G. 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"Our ingenuity is our competitive advantage, and there's a great appetite for it around the world. In order to secure the rewards of that ingenuity, we have to have strong intellectual property protections," he said, noting that movie piracy alone cost Canada almost $1 billion in losses in 2010. Maurizio Cellini, head of economic and commercial aff airs for the European Union's delegation to Canada, also weighed in with a request for stronger enforcement. He noted the EU had also added Canada to its own intellectual property rights priority list in 2009. But Cellini, who's involved in ongoing talks between the EU and Canada on a free-trade agreement, isn't optimistic about progress on that front given outstanding concerns over Canada's copyright protections, pharmaceutical patents, and border enforcement. "On IP issues, negotiations for us are diffi cult, and so far we have noticed limited progress," Cellini said. Graham Henderson, president of the Canadian Recording In- dustry Association, says border offi cials' powers in Canada pale in comparison to their U.S. and EU counterparts. In those jurisdic- tions, customs workers can call in rights holders to help determine whether suspect items are fake, something that doesn't happen in Canada. "Th ey don't have the tools or the resources or the law behind them which would enable them to take control of obviously coun- terfeit goods. Th ey have to just pass them through," he tells Law Times. Henderson puts the inaction on border enforcement down to the diffi culty in legislating with a minority government. "Nobody seems to be able to get any business done," says Henderson, not- ing that should now change given the new Conservative majority. "If the Canadian government fails to address it, their feet are really going to be held to the fi re. Th is is about trade, about jobs, and our international reputation. We have to be aspirational about it and we have to give our law enforcement offi cials the tools to do something about it." RCMP Sgt. Sylvain St-Jean, who works on intellectual prop- erty enforcement for the force, told the meeting he's working with limited resources. "Investigations are lengthy and complex and more diffi cult when it comes to the Internet and they are not al- ways the highest priority," he said. "We must compete with other priorities." Still, his department increased investigations by 30 per cent last AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® year. St-Jean also said a recent seizure in Toronto, in which 100 packets of fake Viagra and Cialis were picked up along with mil- lions of dollars worth of fake brand clothing, shows counterfeiters are diversifying all the time. Kevin Spreekmeester, vice president of global marketing at Can- ada Goose, says almost all of his brand protection is done online by chasing rogue web sites that off er fake versions of the renowned jackets. "To us, the Internet is the new fl ea market. Th ese rogue web sites are incredible. Th ey steal our copy, they steal the pictures of our jackets, and make it very diffi cult for consumers to tell what's real and what's not." Untitled-3 1 www.lawtimesnews.com 6/9/11 9:37:31 AM redicted changes to intellectual property laws off er a chance for Canada to clean up its image on

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