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[News] ACTA Still Secretive, Probably Illegal

  • Subject: [News] ACTA Still Secretive, Probably Illegal
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 06 Jul 2010 20:20:25 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
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ACTA Consensus on Transparency Breaks Down

,----[ Quote ]
| The 9th round of ACTA talks concluded last 
| week in Lucerne, Switzerland.  I briefly 
| noted the official statement last week, but 
| a subsequent news report makes it clear that 
| the most important development to come out 
| of the meeting is the breakdown of a 
| consensus on transparency.  Following the 
| New Zealand meeting in April, there was 
| consensus achieved on the need to release a 
| draft version of the text.  It is now clear 
| that the overwhelming majority of countries 
| favoured continuing this approach by 
| releasing updated versions at the conclusion 
| of subsequent meetings.  That did not happen 
| after the Lucerne meeting, however, with 
| both the Swiss and European Commission 
| delegations indicating that they favoured 
| releasing the text but that one delegation 
| did not.  It is a safe bet that the U.S. is 
| once again the key holdout on the 
| transparency issue.


INTA, ICC Oppose De Minimis Provision in ACTA


Questions For ACTA Negotiators

,----[ Quote ]
| Sean Flynn from the Program on Information 
| Justice and Intellectual Property at 
| American University, sent over the list of 
| questions that he and a group of others 
| concerned about ACTA are planning to ask the 
| ACTA negotiators today in a meeting in 
| Switzerland, where the latest round of ACTA 
| negotiations are under way. The meeting is 
| set to take place at 7pm Swiss time, which 
| should be about 10am this morning California 
| time.


The ACTA casino must be closed.


EXCLUSIVE: Pictures of the ACTA negotiations



ACTA calls to urgently rethink patents and copyright (open letter)

,----[ Quote ]
| Whatever the final text will be after the
| next negotiation rounds, the Anti-
| Counterfeiting Trade Agreement (ACTA) will
| remain an illegitimate agreement, by its
| elaboration process (beyond any democratic
| control) as well as its content (further
| strengthening of an outdated set of
| legislation). Access to medicine in the
| poorest countries and protection of
| citizens' fundamental rights in their
| usage of Internet and digital technologies
| are too crucial issues to be left out to
| the hazards of closed-doors negotiations.


ACTA A Sign Of Weakness In Multilateral System, WIPO Head Says

,----[ Quote ]
| The plurilateral Anti-Counterfeiting Trade
| Agreement (ACTA) and other such regional
| negotiations are a âbad developmentâ for
| multilateral agencies, the World
| Intellectual Property Organization
| director general has told Intellectual
| Property Watch.
| Asked about this weekâs ACTA negotiation
| in Lucerne, Switzerland (IPW, Enforcement,
| 26 June 2010), Gurry said it is an example
| of the difficulty of the United Nations
| and the rest of the multilateral system
| have providing swift answers to
| international problems.


India vows to sabotage ACTA

,----[ Quote ]
| Fed up with the controversial Anti-
| Counterfeiting Trade Agreement (ACTA), India
| hopes to whip up an anti-ACTA chutney so
| spicy that negotiators have no choice but to
| purge every trace of the loathed agreement
| from their systems.
| Though countries like Morocco are involved,
| rich countries have driven the ACTA process.
| The World Trade Organizationâignored. The
| World Intellectual Property Organizationâ
| bypassed. Instead of using the very fora that
| they played such a role in establishing,
| countries like the US, EU, Canada, Japan, and
| Australia formed a coalition of the willing.
| ACTA has been negotiated in secret, though
| the recently released negotiating draft text
| envisions a permanent secretariat that will
| receive new members.


India Seeking Allies To Oppose ACTA

,----[ Quote ]
| With the next round of Anti-Counterfeiting
| Trade Agreement negotiations scheduled for
| later this month in Lucerne, Switzerland
| (governments have been painfully slow this
| round in confirming dates, location, and
| agenda), the global politics behind the
| agreement escalated over the weekend with
| Indian officials acknowledging that they plan
| to establish a coalition of government
| opposed to the agreement.  Reports indicate
| that a major concern involves the possible
| seizure of goods in transit, which raises
| access to medicines fears with the potential
| detention of generic pharmaceuticals.


India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries

,----[ Quote ]
| But, of course, according to various folks at
| the USTR and the Copyright Office, now that
| ACTA's been released, it's proven that all
| the "fears" from online sources were
| misguided. Right?


EU Legal Review Says ACTA Negotiators Broke The Law In Not Revealing Text To EU Parliament

,----[ Quote ]
| While ACTA has now been released, the review
| still happened. Hephaestus points us to the
| news that the analysis found that negotiators
| were not allowed to keep the document secret
| (pdf) from Parliament, and that if it had
| continued to the Parliament could have taken
| legal action. The key points:
|     * Confidentiality cannot be used as a
|     justification for not complying with the
|     obligation to keep Parliament fully
|     informed. Where a degree of
|     confidentiality is justified to ensure
|     the proper conduct of negotiations, the
|     Council and Commission may request that
|     agreed measure on the confidentiality of
|     the documents be applied.
|     * The obligation to inform Parliament
|     cannot be modified or limited by any
|     agreement among the institutions or by an
|     arrangement with third parties which does
|     not involve Parliament. Where documents
|     originate from a third party, the Union
|     negotiator may be justified in agreeing
|     not to disclose such information without
|     the consent of the third party concerned.
|     In such circumstances, Parliament should
|     nonetheless be provided with sufficient
|     information.
|     * In the case of a persistent refusal to
|     provide it with sufficient information,
|     Parliament could initiate proceedings for
|     illegal failure to act.


US Copyright Official Discounts ACTA Concerns

,----[ Quote ]
| U.S. copyright official Steven Tepp said
| Tuesday he doesn't understand many of the
| current objections to the proposed Anti-
| Counterfeiting Trade Agreement (ACTA), a 37-
| nation effort to enforce copyright and
| counterfeit laws across international
| borders.
| Tepp, senior counsel for policy and
| international affairs at the U.S. Copyright
| Office, dismissed objections to ACTA voiced
| by representatives of the Consumer
| Electronics Association (CEA) and Knowledge
| Ecology International (KEI), an
| intellectual-property research and advocacy
| group, during a debate on the trade
| agreement at the Future of Music Coalition's
| Washington, D.C., policy forum.

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