Tag: ACTA

Why is the EU asking the ECJ to review ACTA and does it matter?Why is the EU asking the ECJ to review ACTA and does it matter?



Last week the European Commissioner for Trade, Karel De Gucht, released a statement announcing that the EU will refer the ACTA (Anti-Counterfeiting Trade Agreement) to the European Court of Justice (ECJ). The ECJ will be asked to assess whether ACTA is incompatible – in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property.

What reason did the Commissioner give to explain the referral to the ECJ?

Canada signs ACTACanada signs ACTA



Earlier today, Ed Fast, the Minister of International Trade and Minister for the Asia-Pacific Gateway, signed the Anti-Counterfeiting Trade Agreement. The press release announcing the signing stated the following:

“Counterfeit and pirated goods are an increasingly global problem that requires a globally coordinated solution,” said Minister Fast. “We all have an interest in combatting counterfeiting and piracy because these activities cost billions of dollars each year in revenue and trade losses, which translates into higher prices, lost income and lost jobs for people employed in a range of industries—from film and pharmaceuticals to electronics.

Signing Ceremony for the Anti-Counterfeiting Trade Agreement (ACTA) this WeekendSigning Ceremony for the Anti-Counterfeiting Trade Agreement (ACTA) this Weekend



The Japan Ministry of Foreign Affairs has issued a press release announcing that ACTA will be signed this weekend. Here is the text from the press release.

  1. On Saturday, October 1, the Ministry of Foreign Affairs of Japan will hold the signing ceremony for the Anti-Counterfeiting Trade Agreement (ACTA) at Iikura Guest House, Ministry of Foreign Affairs.
  2. The Agreement was inspired in significant part by Japan’s proposal at the G8 Gleneagles Summit in 2005 to create a new international framework against counterfeit and pirated products, in the context of the heightened awareness of the need for a higher degree of intellectual property protection.

EU highlights role of ISPs, damages and trade agreements in reducing IP infringementsEU highlights role of ISPs, damages and trade agreements in reducing IP infringements



The EU just published a report reviewing the effectiveness of the EU Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. That Directive, which recognized that effective means of enforcing intellectual property rights are essential for promoting innovation and creativity, harmonized the minimum means available  to right holders and public authorities for fighting infringements of intellectual property rights in the EU. It also established a general framework for exchanging information and administrative co-operation between national authorities and with the Commission.

RCMP report details Canada’s serious counterfeiting and piracy problemsRCMP report details Canada’s serious counterfeiting and piracy problems



The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following:

  • Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of health and safety concern in Canada. Health, safety, and economic damages from the consumption and usage of counterfeit goods are being reported on an international scale. Victims of IP crime include, among others, people suffering from life threatening diseases who unknowingly use counterfeit medicines containing little or too many active ingredients, or toxins.

Geist: tough IP laws suppress political dissentGeist: tough IP laws suppress political dissent



In a blog post yesterday, How IP Enforcement Can Be Used To Suppress Dissent, Prof. Geist argues that “tougher enforcement measures” of IP laws are connected with civil rights abuses by governments to quell political dissent. He further claims that the USTR Special 301 report was connected to the recent Russian raids against advocacy groups and news organizations in Russia. He also postulates that enforcement of IP rights under ACTA would increase such abuses and accordingly would be “a dangerous and misguided approach that is apt to cause more problems than it solves”.

ACTA progress announced with plans to release final draft in SeptemberACTA progress announced with plans to release final draft in September



The Office of the U.S. Trade Representative released a Statement on the recent ACTA negotiations.The Statement followed the conclusion of the 10th round of negotiations on the ACTA held in Washington, D.C. from 16 – 20 August 2010.

The Statement reported on the progress of the talks which are slated to conclude following meetings in Japan this September. It also served to allay fears about the proposed contents of the treaty by again re-affirming what the treaty will not extend to.

ACTA and TPMsACTA and TPMs



The latest draft of the ACTA is publically available. It has undergone significant development since the last publically available version including to one of its most important chapters, the chapter on Special Measures Related to Technological Enforcement of Intellectual Property in the Digital Environment. This is the chapter that includes the obligation of the contracting parties to provide legal protection for TPMs. Despite the changes made to these provisions, it is clear that the countries negotiating the treaty still intend that the contracting parties provide adequate legal protection and effective legal remedies against circumvention related activities that could undermine new and exciting business models that rely on TPMs.

ACTA will not create new IPRs or interfere with fundamental liberties statement saysACTA will not create new IPRs or interfere with fundamental liberties statement says



The Office of the U.S. Trade Representative released a statement concerning the recent round of the ACTA negotiations in Lucerne, Switzerland. The release included he following that outlines some of the proposed limitations to the treaty:

“Participants stressed the importance of ACTA as an agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy.

While ACTA aims at establishing effective enforcement standards for existing intellectual property rights, it is not intended to include new intellectual property rights or to enlarge or diminish existing intellectual property rights.