Michael Geist

The latest ACTA leak of the text following the June meeting in Lucerne has provided fodder for several posts, including one assessing the growing rift between the U.S. and E.U., Canadian positions on ACTA, the changed U.S. position on anti-circumvention rules, and a look at geographical indications, a key issue for the EU.

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. 

Read more ›