Thursday June 23, 2011
In what is likely the most significant political rejection of the
Anti-Counterfeiting Trade Agreement to date, the Mexican Senate has
voted to recommend
against signing ACTA. While the issue in the hands of the
President, the domestic opposition is notable
as it may foreshadow similar battles in countries around the world.
TagsShareThursday June 23, 2011
Monday June 13, 2011
As Canada and the European Union continue their negotiations on a trade
deal, a source has provided a copy of the EU proposal for the criminal
intellectual property provisions. The IP criminal provisions was the
one aspect left out of early drafts (the CETA leak from last year is available here). The
initial EU proposal uses the Anti-Counterfeiting
criminal provisions as the model. This includes ACTA Article 23 on
Criminal Offences (criminal provisions for wilful trademark
counterfeiting or copyright piracy on a commercial scale), ACTA Article
24 on Penalties (including imprisonment), ACTA Article 25 on Seizure,
Forfeiture, and Destruction, and ACTA Article 26 on Ex Officio Criminal
Enforcement. Several of these provisions would require domestic
legislative change in Canada that were not found in Bill C-32
(suggesting that an IP enforcement bill will be introduced sometime in
the near future).
Much like in ACTA negotiations, the EU is rejecting the request for
inclusion of an anti-camcording provision in CETA. Canada enacted
anti-camcording measures under pressure from the U.S. several years
ago. The U.S. sought similar provisions in ACTA, but the EU ensured
that the provision was optional, not mandatory.
Perhaps the most interesting aspect of the EU criminal IP proposal is
the internal divide over whether it should extend beyond ACTA to create
ACTA+. According to documents I've seen, Italy has called for the
broadest possible scope for CETA, including geographical indications
(yes, criminal provisions for geographical indications). Despite the
fact that this extends well beyond ACTA, the Italian position is
supported by Portugal, Greece, France, Romania, and the Czech Republic.
In fact, the Czech Republic would also like to extend the criminal
provisions to designs. The UK, Austria, and Finland oppose extending
the provision beyond ACTA. The decision was ultimately made to start
by proposing the ACTA language and consider progress on the remaining
issues in CETA before escalating European demands.
TagsShareMonday June 13, 2011
Monday May 30, 2011
A new final version of the
Anti-Counterfeiting Trade Agreement - formally adopted on April 15,
2011 and opened for signature on May 1, 2011 - has been posted online.
ACTA will remain open for signature until May 2013.
TagsShareMonday May 30, 2011
Thursday May 05, 2011
Copyright lobby groups are pressing
the European Parliament to quickly pass ACTA. The letter
is believed to be a response to a request for an Opinion on the
compatibility of ACTA with the EU Treaties.
TagsShareThursday May 05, 2011
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