ACTA Conclusion Nears With “Technical Round” Set For Late November

Newly leaked documents from the European Union shed new light into the latest ACTA developments, indicating that the U.S. and E.U. are nearing agreement on the outstanding issues and that a further “technical round” – seemingly round 12 by another name – is set for Sydney, Australia from November 30th to December 3rd (or possibly the 4th). The document identifies the following substantive points of agreement:

  • the footnote on excluding patents from the civil enforcement chapter stays in as demanded by the U.S.
  • on the scope of border measures, parties cannot discriminate unjustifiably between IP rights and barriers to legitimate trade
  • the U.S. agrees to cave on the anti-camcording issue by accepting that a country “may” adopt anti-camcording provisions but is not required to do so
  • on the Internet chapter, the scope is limited to copyright on digital networks, though chapters on cooperative efforts between ISPs and rights holders may cover both trademark and copyright

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