Post Tagged with: "anti-counterfeiting trade agreement"

Could the EU Walk Away From ACTA?

Over the past week, I have had several posts on ACTA in the wake of the most recent leaked text, including a scorecard on the major remaining areas of disagreement, 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.  On top of these posts, there is additional information disclosed last weekend that Luc Devigne, the lead EU negotiator is taking on new responsibilities (though the EU says he will continue on ACTA).

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?

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July 22, 2010 14 comments News

The ACTA Scorecard: Major Remaining Areas of Disagreement

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. 

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July 21, 2010 1 comment News

Dutch Government Ministers Renew Call for ACTA Transparency

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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July 21, 2010 Comments are Disabled News

KEI on ACTA’s “Other Remedies”

KEI has an excellent post that examines how ACTA Article 2.3 on “Other Remedies” may conflict with the laws of several European countries.

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July 21, 2010 1 comment News

Why Parma Ham May Stand in the Way of ACTA and CETA

Canada is currently negotiating two major international trade agreements and my weekly technology law column (Toronto Star version, homepage version) notes that while it may seem hard to believe, their successful completion may ultimately depend on the level of protection provided to Parma ham.  The Canada – European Union Comprehensive Economic and Trade Agreement (CETA) and the Anti-Counterfeiting Trade Agreement (ACTA) are both facing increasing opposition based on European demands to expand protection for “geographical indications.”

Geographical indications (GI) are signs used on goods – frequently food, wine, or spirits – that have a specific geographical origin and are said to possess qualities, reputation or characteristics that are essentially attributable to that place of origin.  Given the quality associated with the product, proponents of GI protection argue that it is needed to avoid consumer confusion as well as to protect legitimate producers.

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July 20, 2010 8 comments Columns