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?
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 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).
KEI has an excellent post that examines how ACTA Article 2.3 on “Other Remedies” may conflict with the laws of several European countries.
The EU Article 29 Data Protection Working Party, which included ACTA on its agenda as part of its meetings last week, has written to Commissioner Karel de Gucht to express concern about the privacy implications of ACTA. The Working Party is particularly concerned with notice-and-takedown procedures, customs searches, and criminalization.
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality 
The Law Bytes Podcast, Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era
Michael Geist
mgeist@uottawa.ca
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