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    Parliament Study: ACTA Not Fully In Line With EU Rules

    Published on 20 July 2011 @ 11:22 pm

    Intellectual Property Watch

    By Monika Ermert for Intellectual Property Watch

    The Anti-Counterfeiting Trade Agreement (ACTA) under negotiation by a group of countries including those in the European Union is more ambitious than current EU law and risks problems for access to medicines, concluded a recent study commissioned by the European Parliament Committee on International Trade. But the study stops short of calling for a flat rejection of the agreement.

    The danger to medicines access is due in part to ACTA’s lack of specificity with regard to implementing support for the Doha Declaration on TRIPS and Public Health. TRIPS is the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights. The declaration followed in 2001.

    The study, conducted by Prof. Anselm Kamperman Sanders at the Institute for Globalisation and International Regulation at Maastricht University jointly with several other experts, was leaked by several activist organisations (see here [pdf] and here).

    The study comes to the conclusion: “For those European Parliamentarians for whom conformity with the EU Acquis is sine qua non for granting consent, this study cannot recommend that they provide such consent to ACTA as it now stands.” Only changes in EU law and implementation guidelines for EU member states would allow passage ACTA.

    The study points to a lack of “any significant advantages that ACTA provides for EU citizens beyond the existing international framework” – especially because countries like China, India and Brazil are not part of the agreement and because IPR protection provisions in bilateral agreements and free trade agreements reached by the EU and the US are higher.

    On the other hand, a rejection of ACTA would be “too drastic,” the authors said, not the least because it would be “a significant cost for no return on the part of the EU.”

    While there is still the possibility that ACTA could be rejected in other legislatures like the United States, Canada and Australia, a rejection from the EU side should be weighed “in terms of damaged political capital with the ACTA negotiation partners” and “reduced prospects for stronger enforcement of IP rights in the future.” A decision in the EU Parliament might still take time, especially given that some MEPs have requested a check by the European Court of Justice.

     

    Comments

    1. ACTA-avtalet går bortom gällande EU-rätt « Christian Engström, Pirate MEP says:

      [...] som skriver om ACTA: Henrik Alexandersson, ACTA-bloggen, IP-Watch.org, KSNH.eu, Fredriks [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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