Kim Weatherall has a must-read post that identifies the key changes in the latest ACTA draft that was leaked earlier this week.

Canadian Heritage Memorandum, December 8, 2020, ATIP A-2020-00498
Bill C-10
How Will ACTA Affect UK Law
Andres Guadamuz examines how ACTA would affect UK law. His conclusion: “Be afraid. Be very afraid.”
ACTA Coming Down to Fight Between U.S. and Europe
The turning point on transparency came as a result of two events in February and March. First, a Dutch government document leak that identified which specific countries were barriers to transparency. Once identified, the named European countries quickly came onside to support release of the text, leaving the U.S. as the obvious source of the problem. Second, the European Parliament became actively engaged in the ACTA process and demanded greater transparency. As the New Zealand round approached, it was clear that the Europeans needed a resolution on transparency. The U.S. delegation used the transparency issue as a bargaining chip, issuing a release at the start of the talks that it hoped that enough progress could be made to allow for consensus on sharing the text. The U.S. ultimately agreed to release the text, but subsequent events indicate that it still views transparency as a bargaining chip, rather than as a commitment.
At the conclusion of the latest round of negotiations in Lucerne, the U.S. did not achieve its goals for the talks and refused to agree to the release of an updated text. The disagreement between the U.S. and E.U. has played out in the open this week, with the USTR’s Stan McCoy acknowledging that the talks did not achieve as much as the U.S. hoped and EU Commissioner Karel de Gucht plainly blaming the U.S. for blocking release of the text, indicating that he did not expect much progress in the next round on talks in Washington, and calling out the U.S. for its “hypocrisy” on key issues. The fact the text was leaked within hours of de Gucht’s comments highlight Europe’s frustration with the U.S. position on transparency.
Full ACTA Leaks Again: Updated To Lucerne Round
One day after the European Parliament held hearings on ACTA, the full text of the agreement – updated to include the most recent round of talks in Lucerne – leaked online. The leaked text includes full attribution of country positions. More details on the key changes and developments soon.
Battle Lines Drawn on ACTA: EU Commissioner Says Scope is “Red Line” for Treaty
There were two ACTA events yesterday that provided the U.S. and European perspectives on latest round and future developments. EC Commissioner Karel de Gucht appeared before a European Parliament committee and provided some details on the most recent round along some pointed criticism of the U.S. position on some key issues. Some of the key points raised during de Gucht's appearance:
- The EU language on Internet may serve as compromise on that chapter
- On border issues, consensus may only reachable on basis of the "lowest common denominator"
- The U.S. position on ACTA transparency is "counter-productive"
- de Gucht believes India and Brazil are using ACTA to score political points on the generic medicines issue
- Inclusion of designs and geographic indications in ACTA is a "red line" issue. If they are not included, the EU must question the benefit of the agreement. De Gucht argues the U.S. is using trademarks for same purpose as geographic indications and it is "hypocrisy" to exclude from the agreement. He emphasized the EU "cannot swallow this" and that this will be a major point of discussion at the next round of talks.
- Next round of talks will be held in July in Washington. At least two more rounds are required rest of the year. There is a fundamental split between negotiating parties on scope. He does not expect a breakthrough in the Washington round.