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Thursday November 01, 2012 |
Reports this morning from EDRI, a European digital rights group, indicate that Europe
has now dropped demands to include ACTA-style intellectual property
criminal provisions within the Canada - EU Trade Agreement. The
inclusion of IP criminal provisions in CETA was the source of
considerable outrage in Europe in the aftermath of the European
Parliament's rejection of ACTA in early July. EDRI reports
that the European Council obtained support over the summer from
member states to drop demands for the criminal provisions, fearing
those provisions could lead to a European rejection of the treaty
(the Dutch government has already indicated it will not support CETA
if it includes ACTA provisions).
The removal of ACTA's criminal provisions leave only two
copyright-related question marks in CETA. First, the ACTA border
measures provisions have yet to be determined as they are being
discussed within the context of protection for geographical
indications. Second, Canada is still seeking the inclusion of
criminal anti-camcording rules. Canada adopted those rules in 2007
under significant pressure from the United States. Europe resisted
their inclusion within ACTA, resulting in a provision that is
optional rather than mandatory. While Canada is seeking a mandatory
rule, it seems likely this is a (very weak) bargaining chip, rather
than a serious attempt to require criminal anti-camcording measures.
Canada may drop the demand during negotiations later this month over
pharmaceutical patent reform. Regardless, the European Parliament's
rejection of ACTA has clearly had a significant impact on CETA as
the Internet and criminal provisions are now both apparently gone in
the face of widespread European opposition.
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