Putting the pieces together, I think it may be worth considering whether the EU is prepared to walk away from ACTA altogether, leaving the U.S. with a far smaller agreement that cannot credibly claim to set a standard for the G8 or developed world.
Why raise this possibility?
The SpicyIP Blog notes that Canada is one of several countries that have asked to join consultations on the World Trade Organization dispute between India and the EU over in-transit seizures of generic medicines (ie. seizures of the meds originating in India and traveling through Europe to another destination). The […]
Today’s post identifies many of the remaining areas of disagreement. While there are many more sections with text that has not reached consensus, these are the issues where different wording leads to very different substantive obligations. As previously discussed, most of the issues come down to the U.S. on one side and the E.U. on the other. Many involve scope concerns, with the U.S. trying to limit the treaty to copyright and trademark, while the E.U. adamant that it should extend to all intellectual property.
Note that is not a summary of the all problems with ACTA – there may be areas where there is general agreement that is cause for concern. It is also focused on the IP chapter and leaves aside chapters on enforcement practices which includes public “education” campaigns, specialized law enforcement units, and other measures for which there is no agreement.
The government has launched a new public consultation that opens the door to changes to the foreign investment restrictions in the book publishing, distribution, and retail sectors.
The Dutch Ministers of Justice and Economic Affairs have renewed their call for ACTA transparency, expressing disappointment in the recent decision not to release the latest text (which leaked days later).
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Michael Geist
mgeist@uottawa.ca
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