Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498

Bill C-10

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

EU Article 29 Working Party Expresses Concern About ACTA and Privacy

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.

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July 20, 2010 1 comment News

Canada at the ACTA Negotiations: Canadian Proposals in the Current Draft

The leaked version of the latest ACTA draft helpfully includes country positions, information that was scrubbed from the official release last April.  As I noted yesterday, much of the debate boils down to U.S. and European proposals with the remaining ACTA countries picking sides.  Jonathan O’Hara, one of my research students this summer, has helped compile a list of the Canadian positions where negotiators have failed to reach consensus.  It is notable that most Canadian positions seek to limit the scope of ACTA or incorporate some balancing provisions.

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July 16, 2010 10 comments News