The European Commission has revealed that it is currently being sued over ACTA secrecy. In October 2010, MEP Marietje Schaake asked several questions of the EC including one on non-transparency. The EC’s response now includes “since this issue is currently the object of a court case lodged by an Member […]

Cooperation in the Pacific Rim by Jakob Polacsek, World Economic Forum (CC BY-NC-SA 2.0) https://www.flickr.com/photos/worldeconomicforum/48179628441
Digital Trade
Wikileaks ACTA Cables Reveal Concern With U.S. Secrecy Demands
European countries are likely to ask for a slowdown in negotiations because of opposition to the EU commission’s involvement in negotiating portions of the treaty, disagreements over the confidentiality level of the negotiations, and the absence of geographical indications from the agreement.
The official also noted opposition among member states with the European Commission negotiating criminal matters and ongoing frustration with the level of secrecy associated with ACTA that made it impossible to properly consult stakeholders:
The level of confidentiality in these ACTA negotiations has been set at a higher level than is customary for non-security agreements. According to Mazza, it is impossible for member states to conduct necessary consultations with IPR stakeholders and legislatures under this level of confidentiality. He said that before the next round of ACTA discussions, this point will have to be renegotiated.
The official characterized ACTA as “TRIPS Plus” and noted (correctly) that geographic indications was likely to become a major sticking point.
USTR Launches Request for Comments on ACTA
The USTR has launched a public request for comments on the Anti-Counterfeiting Trade Agreement. There has been no indication from Canadian officials about possible meetings or consultations.
IP on Pharma Could be Main CETA Stumbling Block
John Ivison of the National Post reports that Canada and the EU are moving closer to a trade agreement, but that EU demands to extend IP protection for pharmaceuticals – a move that would cost Canadians millions – is viewed as a major stumbling block.
Australia Government Report Warns Against Including IP In Trade Agreements
The Commission considers that Australia should not generally seek to include IP provisions in further BRTAs, and that any IP provisions that are proposed for a particular agreement should only be included after an economic assessment of the impacts, including on consumers, in Australia and partner countries. To safeguard against the prospect that acceptance of ‘negative sum game’ proposals, the assessment would need to find that implementing the provisions would likely generate overall net benefits for members of the agreement.






