Michael Geist

Newly leaked documents produced by the European Commission provide insight into the EU’s view on the ACTA Internet enforcement chapter.  The analysis confirms what should be obvious from the text – ACTA retains the flexibility that exists at international law in the digital lock rules by linking circumvention with copyright infringement.  The EU interpretation again demonstrates that the Bill C-32 digital lock rules go far beyond what is required within WIPO and now within ACTA.  Indeed, the European Commission states unequivocally that ACTA does not cover access controls nor acts not prohibited by copyright (would could include fair dealing).  This provides further evidence that compromise language that links circumvention with actual copyright infringement is possible within Bill C-32 that will still allow Canada to be compliant with WIPO and ACTA.

The full European Commission analysis:

As far as technical protection measures (TPMs) are concerned the aim of this provision is that only circumvention undertaken to commit an IP infringement can be made subject to civil or criminal liability.

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