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ACTA
Anti-Counterfeiting Trade Agreement
Type of treaty Executive agreement
Drafted ~2006 to present
(exact date unclear)
Parties Unclear, officially as of 6th Round of Negotiation: Australia, Canada, the European Union, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and United States
.The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed plurilateral trade agreement for establishing international standards on intellectual property rights enforcement throughout the participating countries.^ Anti-Counterfeiting Trade Agreement - ACTA Action Now skip to: page content .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ The agreement aims to establish a new standard of intellectual property rights (IPR) enforcement to combat the high levels of trade in counterfeit and pirated goods worldwide.
  • Australia to negotiate an Anti-Counterfeiting Trade Agreement (ACTA) - The Hon Simon Crean MP, Minister for Trade 10 September 2009 23:15 UTC www.trademinister.gov.au [Source type: FILTERED WITH BAYES]

 ^ The participants of the proposed Anti-Counterfeiting Trade Agreement continued their discussions in Tokyo October 8-9, 2008.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 [1] .Its proponents describe it as a response "to the increase in global trade of counterfeit goods and pirated copyright protected works."^ The ACTA is being drafted to reduce the global trade of counterfeit goods and pirated copyright protected works as well as internet distribution and information technology.
  • EPIC Alert 16.05 (03/17/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ The agreement aims to establish a new standard of intellectual property rights (IPR) enforcement to combat the high levels of trade in counterfeit and pirated goods worldwide.
  • Australia to negotiate an Anti-Counterfeiting Trade Agreement (ACTA) - The Hon Simon Crean MP, Minister for Trade 10 September 2009 23:15 UTC www.trademinister.gov.au [Source type: FILTERED WITH BAYES]

 ^ When finalized, it is intended that the agreement will assist in efforts to combat the proliferation of counterfeit and pirated goods.
  • TaxNewsFlash-Trade & Customs 10 September 2009 23:15 UTC www.us.kpmg.com [Source type: FILTERED WITH BAYES]

 [2] The scope of ACTA is broad, including counterfeit goods, generic medicines, as well as "piracy over the Internet".[3]
.Critics argue ACTA is part of a broader strategy of venue shopping and policy laundering employed by the trade representatives of the US, EU, Japan, and other supporters of rigid intellectual property enforcement.^ The goal is to strengthen the intellectual property protections so important to the EU, the US, Korea, Japan, and others.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Proposed US ACTA multi-lateral intellectual property trade agreement .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ US Trade Representative on ACTA (limited disclosure) .
  • Barack Obama: Publish current text of Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC act.ly [Source type: News]

 .This strategy entails negotiating for terms in international treaties that might prove too politically unpopular to pass in national assemblies.^ A spokesman for Foreign Minister Stephen Smith confirmed the Government was part of negotiations for the international agreement, but said it had "not signed nor agreed in principle to any aspect of the proposed treaty".
  • Treaty&squo;s war on pirating of music and DVDs | Herald Sun 10 September 2009 23:15 UTC www.news.com.au [Source type: News]

 ^ Secrecy around the treaty negotiation has fueled concerns that its terms will undermine vital consumer interests.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Countries that are later ‘invited’ (read as ‘arm-twisted’) into joining the pact will not be able to re-negotiate the biased terms of the treaty.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .Similar terms and provisions currently appear in the World Customs Organization draft SECURE treaty,[4] and critics have argued that the anticircumvention provisions of Title I of the Digital Millennium Copyright Act were similarly passed after policy laundering via treaties negotiated through the World Intellectual Property Organization.^ These conventions are administered through the World Intellectual Property Organization (WIPO).
  • Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC www.international.gc.ca [Source type: FILTERED WITH BAYES]

 ^ The ACTA would complement the Administration’s work to encourage other countries to meet the enforcement standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization, and to comply with other international IPR agreements.
  • Ambassador Schwab Announces U.S. Will Seek New Trade Agreement to Fight Fakes (October 23, 2007) - U.S. Embassy Bern Switzerland 10 September 2009 23:15 UTC bern.usembassy.gov [Source type: News]

 ^ The stated goal of the agreement is the international enforcement of strong intellectual property rights through increased cooperation and coordination among international governmental agencies.
  • Public Knowledge | Fighting for your digital rights in Washington. 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: General]

 [5]
.A document leaked to the public in 2008 includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant.^ The revealed ACTA documents include a provision to force ISPs to supply information about suspected copyright infringers to companies.
  • Our Goal: No Companies Snooping on Your Internet — Creative Freedom Foundation (creativefreedom.org.nz) 10 September 2009 23:15 UTC creativefreedom.org.nz [Source type: General]

 ^ Provide internet service.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 ^ Copyright © 2003-2008: Public Knowledge .
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]
  • Public Knowledge | Fighting for your digital rights in Washington. 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: General]

 [6] .A March 2010 leak included the proposed text for this provision.^ Peter Treyde responded that "there isn't a proposed draft text on these provisions.
  • [Cc-nz] FW: DFAT briefing session on the Anti-Counterfeiting Trade Agreement (ACTA) is to be held this Friday, 24 October at 10am 10 September 2009 23:15 UTC lists.ibiblio.org [Source type: Original source]

 ^ A leaked discussion paper mentions types of provisions that could be included.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ As of 25 March 2008, no draft text for ACTA has been published to provide the public with any substance of the proposed international treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [7]
.The negotiations for the ACTA treaty are conducted behind closed doors and are not part of any international organisation.^ Negotiations for ACTA have been conducted secretly.
  • Anti-Counterfeiting Trade Agreement: No transparency, No balance - efa 10 September 2009 23:15 UTC wiki.efa.org.au [Source type: FILTERED WITH BAYES]

 ^ A spokesman for Foreign Minister Stephen Smith confirmed the Government was part of negotiations for the international agreement, but said it had "not signed nor agreed in principle to any aspect of the proposed treaty".
  • Treaty&squo;s war on pirating of music and DVDs | Herald Sun 10 September 2009 23:15 UTC www.news.com.au [Source type: News]

 ^ Behind closed doors, the U.S., EU, Japan, Canada and some other countries are negotiating ACTA. No drafts are published.
  • HAR2009: Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC har2009.org [Source type: Original source]

 [2] .In October 2007 the USA, the European Commission, Switzerland and Japan first announced that they would negotiate ACTA. Since then the following countries joined the negotiations: Australia, Canada, Jordan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and United Arab Emirates.^ Delegations from the following countries took part in the first round of negotiations: Australia, Canada, the European Union and member states plus the presidency (Slovenia), Japan, Jordan, Korea, Morocco, Mexico, New Zealand, Singapore, United Arab Emirates, the United States and Switzerland.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ In October 2007, the Government of Canada announced that it would participate in preliminary discussions with the United States, Mexico, the European Union, Switzerland, Japan, South Korea, New Zealand and other countries towards an Anti-Counterfeiting Trade Agreement (ACTA).

 ^ The United States has been working with several trading partners, including Australia, Canada, the European Union and its 27 member states, Japan, Mexico, New Zealand, Singapore, South Korea, and Switzerland, to negotiate the agreement.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

Contents

Legal framework

.ACTA would establish a new international legal framework that countries can join on a voluntary basis[2] and would create its own governing body outside existing international institutions such as the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO) or the United Nations.^ These conventions are administered through the World Intellectual Property Organization (WIPO).
  • Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC www.international.gc.ca [Source type: FILTERED WITH BAYES]

 ^ WIPO is a United Nations Specialized Agency, but ACTA would reside entirely outside of existing international legal frameworks and any related accountability structures that insure inclusiveness of non-commercial views.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Why is ACTA not being carried out within the framework of an existing international organization which deals with intellectual property issues, such as the World Intellectual Property Office (WIPO) or the World Trade Organization (WTO)?
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 [8][9] .Citing a fact sheet published by the Office of the United States Trade Representative (USTR) and the USTR's 2008 Special 301 report the Electronic Frontier Foundation (EFF) states that the goal of ACTA is to create a new standard of intellectual property enforcement beyond the existing standards in the TRIPs Agreement and to increase international cooperation, including the sharing of information between signatory countries' law enforcement agencies.^ Cooperation among the future parties to the ACTA is considered a key component of the proposed agreement, especially sharing of information and cooperation between law enforcement authorities, including Customs and other relevant agencies.
  • Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 ^ Negotiations are going on in secret between intellectual property industry lobbyists and the trade offices of wealthy countries.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ A new proposed standard of IPR enforcement .
  • Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 [10]
.According to the European Commission the goal of ACTA is to establish an international framework that improves the enforcement of existing intellectual property right laws.^ According to the European Commission's website , a "path breaking" ACTA is foreseen.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ ACTA will also contain a chapter on "Intellectual Property Rights Enforcement in the Digital Environment".
  • HAR2009: Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC har2009.org [Source type: Original source]

 ^ These participants intend that the ACTA improve intellectual property enforcement by: .
  • Anti-Counterfeiting Trade Agreement (ACTA): Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 .The Commission states that ACTA is to create improved international standards for actions against large-scale infringements of intellectual property.^ The ACTA would complement the Administration’s work to encourage other countries to meet the enforcement standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization, and to comply with other international IPR agreements.
  • Ambassador Schwab Announces U.S. Will Seek New Trade Agreement to Fight Fakes (October 23, 2007) - U.S. Embassy Bern Switzerland 10 September 2009 23:15 UTC bern.usembassy.gov [Source type: News]

 ^ The USTR reported that the negotiations may strengthen international standards for the enforcement of intellectual property rights, thereby making it more difficult for counterfeit and pirated products to enter the United States.
  • TaxNewsFlash-Trade & Customs 10 September 2009 23:15 UTC www.us.kpmg.com [Source type: FILTERED WITH BAYES]

 ^ Called the Anti-Counterfeiting Trade Agreement (ACTA), the new plan would see Canada join other countries, including the United States and members of the European Union, to form an international coalition against copyright infringement.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 To this end ACTA will have three primary components: "international cooperation"; "enforcement practices"; and "legal framework for enforcement of intellectual property rights". The "ultimate objective" of ACTA is that large emerging economies, "where intellectual property rights enforcement could be improved, such as China, Russia or Brazil, will sign up to the global pact".[11] According to New Zealand ACTA aims to facilitate a "strong and modern legal framework so that law enforcement agencies, the judiciary, and private citizens have the most up-to-date tools necessary to effectively bring counterfeiters and pirates to justice." Areas for possible ACTA provisions include: criminal enforcement, border measures, civil enforcement, optical disc piracy, and Internet distribution and information technology.[12]

Notable leaks

.The negotiations for the ACTA treaty are conducted behind closed doors.^ Behind closed doors, the U.S., EU, Japan, Canada and some other countries are negotiating ACTA. No drafts are published.
  • HAR2009: Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC har2009.org [Source type: Original source]

 ^ Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]
  • Press releases/FFII opposes stealth legislation, demands ACTA documents - Press releases 10 September 2009 23:15 UTC press.ffii.org [Source type: Reference]

 ^ OK to make new legislation for billions of people behind closed doors?
  • HAR2009: Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC har2009.org [Source type: Original source]

 .A document leaked to the public in 2008 includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant.^ The revealed ACTA documents include a provision to force ISPs to supply information about suspected copyright infringers to companies.
  • Our Goal: No Companies Snooping on Your Internet — Creative Freedom Foundation (creativefreedom.org.nz) 10 September 2009 23:15 UTC creativefreedom.org.nz [Source type: General]

 ^ Provide internet service.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 ^ Copyright © 2003-2008: Public Knowledge .
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]
  • Public Knowledge | Fighting for your digital rights in Washington. 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: General]

 [6]
.On May 22nd 2008 a discussion paper about the proposed agreement was uploaded to Wikileaks.^ [This is news because May 22th a discussion paper appeared at WikiLeaks.
  • LXer: IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC lxer.com [Source type: General]

 ^ A leaked 'discussion paper' on the Anti-Counterfeiting Trade Agreement (ACTA) on Wikileaks , since taken up by other bloggers and mainstream news outlets, has inspired exasperation and outrage in many quarters.

 ^ Sources: EFF , IPJustice , Wikileak Further reading Leaked “Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement” Wikileaks posted the leaked ACTA discussion paper on 22 May 2008.
  • Choike - The Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC www.choike.org [Source type: FILTERED WITH BAYES]

 [13] Wikileaks subsequently took all their documents offline, for unrelated reasons.
.On March 1st 2010, a leaked document surfaced containing the "latest consolidated text 18/01/10" (January 18th 2010) of sections 2.1 and 2.4 (Civil Enforcement, and Special Measures Related To Technological Enforcement Means And The Internet) along with the demands of each negotiator.^ Indeed, the leaked document contains unprecedented measures.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ David Fewer, staff counsel at the Canadian Internet Policy and Public Interest Clinic, University of Ottawa, after looking at leaked ACTA documents.
  • HAR2009: Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC har2009.org [Source type: Original source]

 ^ Negotiations to date have addressed draft proposed text on civil enforcement, border enforcement, criminal enforcement, enforcement practices, international cooperation and institutional arrangements.
  • Anti-Counterfeiting Trade Agreement (ACTA): Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 [14] .This was immediately called the "biggest ever" ACTA leak.^ In September more than 100 public interest organizations called on officials from the countries negotiating ACTA to publish immediately the draft text of the agreement.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [15]

Provisions in discussion paper, November 2008

Although the treaty's title suggests that the agreement only covers counterfeit physical goods (such as medicines), the proposed treaty has a much broader scope, including "piracy over the Internet".[3] In an ACTA fact sheet published in November 2008 the European Commission stated that "There is, at this stage, no agreed text."[16] A leaked document entitled Discussion Paper on a Possible Anti-Counterfeiting Trade Agreement suggests that the following provisions will be included in ACTA: new legal regimes to "encourage ISPs to cooperate with right holders in the removal of infringing materials", criminal measures and increased border search powers.[10]
In reaction to the leaks, the European Commission issued a statement in November 2008, stating:
."The negotiations are still ongoing.^ The negotiations are still ongoing.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .This means that there is no agreement yet, and that, at the time of writing this fact sheet, there is not even a draft text on which negotiating parties converge.^ No draft text has yet been prepared.
  • Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 ^ There is, at this stage, no agreed text.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Understandably, there were a number of members of the audience who were hesitant to accept any of DFAT's assurances as to the content of the agreement without access to the negotiation documents.
  • [Cc-nz] FW: DFAT briefing session on the Anti-Counterfeiting Trade Agreement (ACTA) is to be held this Friday, 24 October at 10am 10 September 2009 23:15 UTC lists.ibiblio.org [Source type: Original source]

 .A number of "texts", wrongly presented as draft ACTA agreements have been circulated on the web.^ We appreciate the opportunity to comment on ACTA at this preliminary stage of the proceedings, and would hope that the process moving forward will be an open one, allowing interested parties and the general public the ability to comment on the agreement when its actual draft text is available.
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]

 ^ Anti-Counterfeiting Trade Agreement (ACTA) Chapter 2: Draft criminal provisions [03-12-2008] .
  • More ACTA Papers Locked Away - BLOG@IPJUR.COM 10 September 2009 23:15 UTC www.ipjur.com [Source type: General]
  • BLOG@IPJUR.COM - Entries from Thursday, February 5. 2009 10 September 2009 23:15 UTC www.ipjur.com [Source type: General]

 ^ Leaked ACTA draft texts suggest the Agreement may eliminate this important flexibility.
  • Essential Action Comments to Canadian Government Regarding How Proposed "Anti-Counterfeiting" Trade Agreement Could Impact Access to Medicines - Access To Medicines Project 10 September 2009 23:15 UTC www.essentialaction.org [Source type: FILTERED WITH BAYES]

 .At a preliminary stage of the discussions about the idea of a future ACTA, some of the negotiating parties have submitted concept papers, to present their initial views of the project to other partners.^ Business paper presented to ACTA negotiators , June 3, 2008.
  • Business Action to Stop Counterfeiting And Piracy 10 September 2009 23:15 UTC www.iccwbo.org [Source type: News]

 ^ We appreciate the opportunity to comment on ACTA at this preliminary stage of the proceedings, and would hope that the process moving forward will be an open one, allowing interested parties and the general public the ability to comment on the agreement when its actual draft text is available.
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]

 ^ Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]
  • LXer: IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC lxer.com [Source type: General]

 .Some of these concept papers have been circulated on the net or commented in the press and presented as "draft ACTA texts or negotiating guidelines", which they are not."^ Business paper presented to ACTA negotiators , June 3, 2008.
  • Business Action to Stop Counterfeiting And Piracy 10 September 2009 23:15 UTC www.iccwbo.org [Source type: News]

 ^ We appreciate the opportunity to comment on ACTA at this preliminary stage of the proceedings, and would hope that the process moving forward will be an open one, allowing interested parties and the general public the ability to comment on the agreement when its actual draft text is available.
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]

 ^ BASCAP, INTA and national anti-counterfeiting associations comprising the ACTA Business Response Group submitted a general paper to the head of agencies participating in the negotiations.
  • Business Action to Stop Counterfeiting And Piracy 10 September 2009 23:15 UTC www.iccwbo.org [Source type: News]

 [16]

Main Chapters, February 2009

.Details published in February 2009 indicate that ACTA has six main chapters.^ Participants in negotiations on the Anti-counterfeiting Trade Agreement (ACTA) have published a detailed overview of the content and current status of key elements under discussion.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ Feb, 2009: Michael Geist, Ottawa, ON, Canada The proposed treaty appears to have six main chapters: (1) Initial Provisions and Definitions; (2) Enforcement of IPR; (3) International Cooperation; (4) Enforcement Practices; (5) Institutional Arrangements; and (6) Final Provisions.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 Most discussion to date is focused on the "Enforcement of Intellectual Property Rights" chapter, which has four sub chapters:[3]
  1. Initial Provisions and Definitions;
  2. Enforcement of IPR;
    1. Civil Enforcement
    2. Border Measures
    3. Criminal Enforcement
    4. Intellectual Property Rights Enforcement in the Digital Environment
  3. International Cooperation;
  4. Enforcement Practices;
  5. Institutional Arrangements;
  6. Final Provisions.

ISP cooperation

.The leaked document includes a provision to force Internet Service Providers (ISPs) to provide information about suspected copyright infringers without a warrant, something which many feel should not be lawful, making it easier for the record industry to sue music file sharers and for officials to shut down non-commercial BitTorrent websites such as The Pirate Bay.^ Alarmingly, it could also make ISPs hand over the personal information of suspected copyright violators.
  • <%@ page language="java" contentType="text/html" %><%@ page import="javax.xml.transform.*"%><%@ page import="javax.xml.transform.stream.*"%><%/** * This JSP may use PMA to set param1 in the * foo.xsl stylesheet before using the * stylesheet to transform foo.xml * and outputing the result. * HTML tags are not in this release, as it is an include and requires none. * The xincludes folder is at the root of the sports directory. * To use: * * @authors Paul Campbell seapwc@halcyon.com, Khal Shariff khal_shariff@cbc.ca * @version $Id: transFormer.jsp,v 1.1 2009/04/28 19:47:57 cepukasa Exp $ */String docPath = application.getRealPath("/");String furtherPath = "";docPath = docPath + furtherPath;String paramValue = request.getParameter("PMA");String xmlFile = request.getParameter("XML");String xslFile = request.getParameter("XSL");xmlFile = docPath + xmlFile;xslFile = docPath + xslFile;TransformerFactory tFactory = TransformerFactory.newInstance();Transformer transformer = tFactory.newTransformer(new StreamSource(xslFile)); transformer.setParameter("param1", paramValue); transformer.transform( new StreamSource(xmlFile), new StreamResult(out));%> | Copyright: The next generation 10 September 2009 23:15 UTC www.cbc.ca [Source type: General]

 ^ Provide internet service.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 ^ Leaked documents indicate the Anti-Counterfeiting Trade Agreement (ACTA) would allow multiple countries to enforce each others' intellectual property laws.
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]

 [6]

Institutional arrangements, Canadian proposal June 2008

.In a confidential draft Canada proposed the creation of an international organization for ACTA oversight.^ Fewer expressed concerns about the part of the proposal that calls for ACTA to operate outside of accepted international forums such as the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO) or the United Nations.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ Organizing its own governing body would make ACTA unaccountable to any existing international trade organization.
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ In October, International Trade Minister David Emerson announced Canada would participate in ACTA's creation.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 The proposed name is ACTA Oversight Council and its functions would include:
.
  • supervising ACTA implementation (and also considering amendments, interpretations, and modifications)
  • establishing and delegating responsibilities to ad hoc working groups
  • assisting with resolving any disputes that may arise regarding the interpretation of application of ACTA
  • ensuring that ACTA avoids duplication of other international efforts regarding IP enforcement
  • seeking input from non-governmental persons or groups, particularly with respect to best practices in the field of intellectual property enforcement
  • endorsing best practice guidelines for implementing ACTA
  • supporting the efforts of international organizations active in the field of intellectual property enforcement
  • assisting non-Party governments with developing assessments of the benefits of accession to ACTA; and
  • adopting its own rules of procedure.^ Group pushes to protect intellectual property .
    • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

     ^ The ACTA participants continue their active engagement for the corresponding work at the other international organizations as well.
    • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

     ^ BASCAP, INTA and national anti-counterfeiting associations comprising the ACTA Business Response Group submitted a general paper to the head of agencies participating in the negotiations.
    • Business Action to Stop Counterfeiting And Piracy 10 September 2009 23:15 UTC www.iccwbo.org [Source type: News]

     [17]

Border searches

.Potential border searches are covered by the "Border Measures" proposal of ACTA. As of February 2009 and according to University of Ottawa law professor Michael Geist there is significant disagreement among countries on this topic: "Some countries are seeking the minimum rules, the removal of certain clauses, and a specific provision to put to rest fears of iPod searching customs officials by excluding personal baggage that contains goods of a non-commercial nature.^ There have been some reports that the ACTA may include provisions specific to intermediary liability.
  • News :: Blog :: DFAIT's Consultation on the Anti-Counterfeiting Trade Agreement 10 September 2009 23:15 UTC elgg2.extension.ualberta.ca [Source type: FILTERED WITH BAYES]

 ^ Peter Coroneos, from the Internet Industry Association, asked whether there would be an effort to redefine the meaning of the notoriously loose 'commercial scale' provision in Australia's Copyright Act - specifically, whether we would be criminalising file-sharing.
  • [Cc-nz] FW: DFAT briefing session on the Anti-Counterfeiting Trade Agreement (ACTA) is to be held this Friday, 24 October at 10am 10 September 2009 23:15 UTC lists.ibiblio.org [Source type: Original source]

 ^ It may also, some speculate, allow government agencies to search personal media devices like iPods during border checks and allow Internet service providers to more closely track and monitor customer activity.
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]

 The U.S. is pushing for broad provisions that cover import, export, and in-transit shipments."[18]
.Newspaper reports advise the proposed agreement would empower security officials at airports and other international borders to conduct random ex officio searches of laptops, MP3 players, and cellular phones for illegally downloaded or "ripped" music and movies.^ In Canada, border guards already perform random searches of laptops at airports to check for child pornography.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ Leaked documents indicate the Anti-Counterfeiting Trade Agreement (ACTA) would allow multiple countries to enforce each others' intellectual property laws.
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]

 ^ And even though recent reports suggest that on average more than 800 illegally copied songs can be found on a teenager’s music player, this has hardly ever been seen as a reason for “national security” concerns.

 .Travellers with infringing content would be subject to a fine and may have their devices confiscated or destroyed.^ Anyone found with infringing content in their possession would be open to a fine.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ They may also have their device confiscated or destroyed, according to the four-page document.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ While network filters may be able to recognize copyrighted content, they would be unable to distinguish the context in which the work was being used.
  • Comments of Public Knowledge Re: Anti-Counterfeiting Trade Agreement (ACTA) | Public Knowledge 10 September 2009 23:15 UTC www.publicknowledge.org [Source type: FILTERED WITH BAYES]

 [8][19]
.Some countries already conduct border searches of electronic devices without probable cause.^ In Canada, border guards already perform random searches of laptops at airports to check for child pornography.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ It may also, some speculate, allow government agencies to search personal media devices like iPods during border checks and allow Internet service providers to more closely track and monitor customer activity.
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]

 ^ Leaks of the text suggest that border guards will get unprecedented powers to search travelers without warning.

 In July 2008, the United States Department of Homeland Security disclosed that its border search policies allow U.S. Customs and Border Protection agents to conduct random searches of electronic devices for "information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws."[20][21] US Senator Russell Feingold called the policies "truly alarming" and proposed to introduce legislation to require reasonable suspicion of illegality and to prohibit racial profiling.[20] .The Ninth Circuit Court of Appeals has previously upheld the constitutionality of laptop searches without reasonable suspicion at border crossings.^ In Canada, border guards already perform random searches of laptops at airports to check for child pornography.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ Leaks of the text suggest that border guards will get unprecedented powers to search travelers without warning.

 [20]
An ACTA fact sheet updated in November 2008, published by the European Commission states:
."ACTA is not designed to negatively affect consumers: the EU legislation (2003 Customs Regulation) has a de minimis clause that exempts travellers from checks if the infringing goods are not part of large scale traffic.^ Even more ominously, Interpol is getting involved too, although its involvement will initially be directed at large-scale copying of tangible goods.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Dyson sued Qualtex for infringing on its unregistered design rights, because the spare parts had the same appearance as the originals.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Organized crime is involved in the business of counterfeited and pirated goods on a large scale today.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 .EU customs, frequently confronted with traffics of drugs, weapons or people, do neither have the time nor the legal basis to look for a couple of pirated songs on an i-Pod music player or laptop computer, and there is no intention to change this."^ Almost everyone today owns a music player and a laptop.

 ^ According to Apple, the average iPod holds about 1,000 songs, but the iTunes Music Store has only sold enough "legitimate" music to put 22 songs on each player.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Representatives from Customs and the Australian Federal Police agreed that Australia's enforcement and border protection measures are effective, and that there was no real need to change; rather, they would influence the discussions in order to endorse the measures we already have.
  • [Cc-nz] FW: DFAT briefing session on the Anti-Counterfeiting Trade Agreement (ACTA) is to be held this Friday, 24 October at 10am 10 September 2009 23:15 UTC lists.ibiblio.org [Source type: Original source]

 [16]

Negotiations

.The negotiations for the ACTA treaty are conducted in secrecy and are not part of any international body.^ Secrecy around the treaty negotiation has fueled concerns that its terms will undermine vital consumer interests.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Organizing its own governing body would make ACTA unaccountable to any existing international trade organization.
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ Developing countries regularly participate in WIPO and WTO-TRIPS negotiations and the international press routinely cover treaty negotiations in those existing fora.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [2] .The European Commission, the Office of the United States Trade Representative, the Australian Department of Foreign Affairs and Trade, and other government agencies have acknowledged participating in ACTA negotiations, but refused to release drafts of the treaty or to discuss specific terms under discussion in the negotiations.^ The new document is reported to be drafted by the Office of the United States Trade Representative.
  • Copyright deal could toughen rules governing info on iPods, computers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ The Australian Department of Foreign Affairs and Trade published a discussion paper about ACTA on 13 November 2007.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ As stated by an other participant in the negotiations, the EU has agreed to keep ACTA drafts secret.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [citation needed]
.According to the United States Trade Representative agency (USTR), preliminary talks about ACTA took place throughout 2006 and 2007 between United States, Canada, the European Commission, Japan and Switzerland.^ According to the European Commission's website , a "path breaking" ACTA is foreseen.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland — those countries with the largest intellectual property industries.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ In October 2007, the Government of Canada announced that it would participate in preliminary discussions with the United States, Mexico, the European Union, Switzerland, Japan, South Korea, New Zealand and other countries towards an Anti-Counterfeiting Trade Agreement (ACTA).

 [3] In October 23, 2007 the United States, the European Community, Switzerland and Japan simultaneously announced that they would negotiate ACTA.[22]

1st Round of Negotiation, Geneva, Switzerland, June 2008

.The first official round of negotiations took place in Geneva during 3 and 4 June 2008; at that time, at least the following countries had joined the negotiations: Australia,[23] the European Union, Jordan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore and United Arab Emirates.^ Delegations from the following countries took part in the first round of negotiations: Australia, Canada, the European Union and member states plus the presidency (Slovenia), Japan, Jordan, Korea, Morocco, Mexico, New Zealand, Singapore, United Arab Emirates, the United States and Switzerland.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ First formal round of negotiations .
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 [24]

2nd Round of Negotiation, Washington, USA July 2008

The second round took place in Washington, DC, from 29 to 31 July 2008.[25]

3rd Round of Negotiation, Tokyo, Japan, October 2008

The third round was in Tokyo, during 8 and 9 October 2008.[26]

4th Round of Negotiation, Paris, France, December 2008

The fourth round of negotiations took place in Paris from 15 to 18 December 2008[27]

5th Round of Negotiation, Rabat, Morocco, July 2009

The 5th round of the ACTA negotiations was hosted by the Kingdom of Morocco in Rabat on July 16 and 17 2009. Participants in the negotiations included Australia, Canada, the European Union (represented by the European Commission, the EU Presidency (Sweden) and EU Member States), Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the USA.[28]
.The discussions at the meeting focused on international cooperation, enforcement practices and institutional issues.^ During this meeting, the discussions focused on International Cooperation, Enforcement Practices and Institutional Issues.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ The discussion focused on international cooperation, enforcement practices and institutional issues.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ The delegations agreed to hold another meeting before the end of the year to discuss outstanding issues, including institutional arrangements and international cooperation.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 .Transparency was also discussed, including providing information to stakeholders and the interested public.^ Participants also continued discussions on transparency matters, including providing information to stakeholders and the interested public ( agenda , pdf 82 KB and press statement , pdf 72 KB).
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ Very little public information has been provided about the details of the substance of the proposed treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Agencies administering copyright and trade mark laws in Australia provide information to the public on IPR enforcement in Australia.
  • Department of Foreign Affairs and Trade 10 September 2009 23:15 UTC www.dfat.gov.au [Source type: FILTERED WITH BAYES]

 .Participants agreed to release draft agendas before all subsequent negotiation rounds.^ As stated by an other participant in the negotiations, the EU has agreed to keep ACTA drafts secret.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Participants in the discussions regarding an Anti-Counterfeiting Trade Agreement (ACTA) met for the first formal round of negotiations on June 3 and 4, 2008.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ Ongoing negotiations on an IP chapter in successive rounds have involved detailed discussion of proposed draft texts from both China and Australia.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 [28]

6th Round of Negotiation, Seoul, November 2009

.The 6th round of the ACTA negotiations was hosted by the Republic of Korea in Seoul on November 4 to 6, 2009. Participants in these negotiations included Australia, Canada, the European Union, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the United States of America.^ These trading partners include Canada, Mexico, South Korea, Japan, Switzerland and New Zealand in addition to the United States.
  • TheHill.com - A View From Europe: The high price of counterfeiting, and getting real about enforcement 10 September 2009 23:15 UTC thehill.com [Source type: News]

 ^ The United States has been working with several trading partners, including Australia, Canada, the European Union and its 27 member states, Japan, Mexico, New Zealand, Singapore, South Korea, and Switzerland, to negotiate the agreement.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .The discussions in this round of negotiations focused on enforcement in the digital environment and criminal enforcement.^ The discussion focused on criminal enforcement of intellectual property rights, including forfeiture and destruction of counterfeit trademark goods and the question of penalties.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ During this meeting, the discussions focused on International Cooperation, Enforcement Practices and Institutional Issues.
  • Swiss Federal Institute of Intellectual Property :: ACTA 10 September 2009 23:15 UTC www.ige.ch [Source type: FILTERED WITH BAYES]

 ^ IP was again discussed at the most recent round of negotiations held in Beijing from 1 to 5 December 2008.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 [29]

7th Round of Negotiation, Mexico, January 2010

The 7th round of negotiations took place on 26–29 January 2010 in Guadalajara, Mexico. Participants were the same as the 6th round.[30]

8th Round of Negotiation, New Zealand, April 2010

.The 8th round of negotiations is scheduled on 12–16 April 2010 in Wellington, New Zealand.^ Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Since then, both Australia and Malaysia have concentrated on the conclusion of negotiations on the ASEAN-Australia-New Zealand FTA. This Agreement was substantively concluded in August 2008.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ The countries negotiating the treaty: the U.S., Canada, Mexico, Switzerland, the 27 EU nations , Morocco, Australia, Japan, Singapore, South Korea, and New Zealand.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 [30]

9th Round of Negotiation

.The 9th round of negotiations is scheduled on the week of 7 June 2010, before the TRIPs Council and should take place in Geneva.^ A public hearing is scheduled to take place Monday in Washington, D.C. .
  • E-Commerce News: Piracy: Secret International Antipiracy Deal Spurs FOIA Lawsuit 10 September 2009 23:15 UTC www.ecommercetimes.com [Source type: News]

 ^ Those negotiations can take place behind closed doors.
  • Proposed secret copyright deal takes aim at iPods, providers 10 September 2009 23:15 UTC www.canada.com [Source type: News]

 ^ A number of international legal regimes already exist to negotiate intellectual property rights treaties, including the World Intellectual Property Organization (WIPO) and the WTO TRIPS Council.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [30]

Support

Industry groups

.The main industry groups on fields related to intellectual property support the agreement and give input and suggestions to the creation of ACTA. These groups include the International Intellectual Property Alliance[31] (including the RIAA)[32] and Pharmaceutical Research and Manufacturers of America.^ Recording Industry Association of America (RIAA) suggestions for content of ACTA .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Group pushes to protect intellectual property .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Industry groups have lobbied for the criminalization of optical media, P2P software, etc in several countries, even though these technologies also have legitimate purposes.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 [33]

European Union

European Commission

The European Commission identifies ACTA as an attempt to enforce intellectual property rights and states that countries involved in the negotiations see intellectual property rights as "a key instrument for their development and innovation policies". It argues:
."The proliferation of intellectual property rights (IPR) infringements poses an ever-increasing threat to the sustainable development of the world economy.^ May, 2008: ACTA proposal leaked through wikileaks.org The proliferation of infringements of intellectual property rights ("IPR") particularly in the context of counterfeiting and piracy poses an ever-increasing threat to the sustainable development of the world economy.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Oct, 2007: European Commission The proliferation of infringements of intellectual property rights (“IPR”) particularly in the context of counterfeiting and piracy poses an ever-increasing threat to the sustainable development of the world economy.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Oct, 2007: Office of the United States Trade Representative The proliferation of infringements of intellectual property rights (“IPR”) particularly in the context of counterfeiting and piracy poses an ever-increasing threat to the sustainable development of the world economy.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 It is a problem with serious economic and social consequences. .Today, we face a number of new challenges: the increase of dangerous counterfeit goods (pharmaceuticals, food and drink, cosmetics or toys, car parts); the speed and ease of digital reproduction; the growing importance of the Internet as a means of distribution; and the sophistication and resources of international counterfeiters.^ The ACTA is being drafted to reduce the global trade of counterfeit goods and pirated copyright protected works as well as internet distribution and information technology.
  • EPIC Alert 16.05 (03/17/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ Creating a strong modern legal framework that reflects the changing nature of intellectual property theft in the global economy, including the rise of easy-to-copy digital storage mediums and the increasing danger of health threats from counterfeit food and pharmaceutical drugs.
  • TheHill.com - A View From Europe: The high price of counterfeiting, and getting real about enforcement 10 September 2009 23:15 UTC thehill.com [Source type: News]

 ^ The ACTA is intended to prevent the proliferation of counterfeit and pirated goods in international trade which poses an ever-increasing threat to the sustainable development of the world economy.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 All these factors have made the problem more pervasive and harder to tackle."[1]
Regarding the question why this agreement is not pursued through the G8, WTO, WIPO or other formal existing structures the European Commission explained:
.
The EU considers that the approach of a free-standing agreement gives us the most flexibility to pursue this project among interested countries.^ Nov, 2008: Foundation for a Free Information Infrastructure (FFII), Brussels, Belgium Behind closed doors the EU, US, Japan and other countries negotiate an Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .We fully support the important work of the G8, WTO, and WIPO, all of which touch on IPR enforcement.^ Donate to EPIC ======================================================================= If you'd like to support the work of the Electronic Privacy Information Center, contributions are welcome and fully tax-deductible.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]
  • EPIC Alert 16.05 (03/17/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 The membership and priorities of those organizations simply are not the most conducive to this kind of path breaking project.
—European Commission, [34]

European Parliament

.With a draft Report from 26 August 2008 the European Commission tried to get a mandate from the European Parliament for the negotiation of ACTA.[35] The document will be discussed and likely amended within the INTA Committee of the European Parliament.^ In March, the European Parliament had urged the European Commission to release documents pertaining to the ACTA discussions.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ In a Resolution, the European Parliament called for disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Takes the view that the public interest in disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate should not be overridden by Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(19) , and urges the Council to enforce Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents, provided that the necessary security measures are taken as required by data-protection law;" European Parliament resolution 18 December 2008 .
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 Eva Lichtenberger prepared a Draft Opinion[36] that heavily criticises this paper within the JURI-committee. .On 18 December 2008 the European Parliament adopted the resolution from the Greens with 309 against 232 Votes.^ European Parliament resolution 18 December 2008 .
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Mar, 2009: The Georgia Straight, Vancouver, BC, Canada The European Parliament has voted for a proposal to bring more transparency and public access to documents.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ In a Resolution, the European Parliament called for disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [citation needed] On 10 March 2010 the European Parliament passed (663 in favour, 13 against, 16 abstentions) a resolution on the transparency and state of play of the ACTA negotiations:
The European Parliament [...] 2. Expresses its concern over the lack of a transparent process in the conduct of the ACTA negotiations [...]; is deeply concerned that no legal base was established before the start of the ACTA negotiations and that parliamentary approval for the negotiating mandate was not sought [...][37]

Council of the European Union

.Shortly after, the Council of the European Union also started to work on a Draft for a Resolution dealing with ACTA.[38] On 25 September 2008 the council adopted a pro-ACTA resolution.^ Proposed Anti-Counterfeiting Trade Agreement (ACTA) 25 March 2008 .
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ In September more than 100 public interest organizations called on officials from the countries negotiating ACTA to publish immediately the draft text of the agreement.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ As of 25 March 2008, no draft text for ACTA has been published to provide the public with any substance of the proposed international treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [39]

G8

Published in July 2008 paragraph 17 of the G8 Leaders' Communiqué on the World Economy (G8 Hokkaido Toyako Summit) states under the heading "Protection of Intellectual Property Rights (IPR)" that:
."Effective promotion and protection of IPR are critical to the development of creative products, technologies and economies.^ The new IPR enforcement tools created by ACTA will make it easy to stifle online criticism of companies or products that are trademarked or copyrighted in violation of free expression.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .We will advance existing anti-counterfeiting and piracy initiatives through, inter alia, promoting information exchange systems amongst our authorities, as well as developing non-binding Standards to be Employed by Customs for Uniform Rights Enforcement (SECURE) at the World Customs Organization.^ Drug Monopoly Enforcement Agenda Information on initiatives that seek to protect drug monopolies under the guise of fighting counterfeits, including the "Anti-Counterfeiting" Trade Agreement (ACTA).
  • Essential Action Comments to Canadian Government Regarding How Proposed "Anti-Counterfeiting" Trade Agreement Could Impact Access to Medicines - Access To Medicines Project 10 September 2009 23:15 UTC www.essentialaction.org [Source type: FILTERED WITH BAYES]

 ^ I. Introduction In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for intellectual property rights enforcement, the proposed Anti-Counterfeiting Trade Agreement (ACTA).
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ May, 2008: ACTA proposal leaked through wikileaks.org The proliferation of infringements of intellectual property rights ("IPR") particularly in the context of counterfeiting and piracy poses an ever-increasing threat to the sustainable development of the world economy.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .We encourage the acceleration of negotiations to establish a new international legal framework, the Anti-Counterfeiting Trade Agreement (ACTA), and seek to complete the negotiation by the end of this year.^ Anti-Counterfeiting Trade Agreement - ACTA Action Now skip to: page content .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ EU wants new international agreement targeted at pirates, counterfeiters .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .We will promote practical cooperation between our countries to develop tools to combat new techniques in counterfeiting and piracy and spread best practices.^ The ACTA would focus on 3 areas: a) increasing international cooperation, b) establishing best practices for enforcement, and c) providing a more effective legal framework to combat counterfeiting and piracy.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Dec, 2008: Foreign Affairs and International Trade Canada Participants reaffirmed their goal to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement, and strengthening relevant IPR enforcement measures themselves.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Dec, 2008: Ministry of Foreign Affairs, Japan Participants reaffirmed their goal to combat global infringements of IPR, particularly in the context of counterfeiting and piracy, by increasing international cooperation, strengthening the framework of practices that contribute to effective enforcement, and strengthening relevant IPR enforcement measures themselves.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .We reaffirm our commitment on government use of software in full compliance with the relevant international agreements and call on other countries to follow our commitment."^ Trade Agreements Bilateral and regional trade agreements are threatening to strip away the flexibilities that developing countries maintain under international trade rules.
  • Essential Action Comments to Canadian Government Regarding How Proposed "Anti-Counterfeiting" Trade Agreement Could Impact Access to Medicines - Access To Medicines Project 10 September 2009 23:15 UTC www.essentialaction.org [Source type: FILTERED WITH BAYES]

 ^ This should be done whilst the Australian Government encourages other countries to reciprocate by making their own contributions to the global digital public commons.'
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ Oct, 2007: Foreign Affairs and International Trade Canada In October 2007, the Government of Canada announced that it would participate in preliminary discussions with the United States, Mexico, the European Union, Switzerland, Japan, South Korea, New Zealand and other countries towards an Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [2]

Advisory Committees

.While negotiations are secret, a number of corporations are part of advisory committees of the USTR and have access to classified documents.^ Later it became clear governments even agreed to keep documents secret after conclusion of the negotiations .
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Who are the cleared advisors that have access to secret ACTA documents?
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2009: Michael Geist, Ottawa, ON, Canada Hundreds of advisors, many of them corporate lobbyists, are considered “cleared advisors.” They have access to the ACTA documents.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [40][41] .These include Abbott Laboratories, Association of American Publishers, CropLife America, DuPont, eBay, Entertainment Software Association, FMC Corporation, General Motors Corporation, Generic Pharmaceutical Association, IBM Corporation, Independent Film & Television Alliance, Intel Corporation, Intellectual Property Owners Association, Johnson & Johnson, Merck & Co, Monsanto Company, Motion Picture Association of America, Oracle Corporation, Pfizer, Recording Industry Association of America, Sun Microsystems, The Dow Chemical Company, The Gorlin Group, The Procter & Gamble Company, Time Warner, and Verizon Communications.^ Noticeably absent from ACTA’s negotiations are leaders from developing countries who hold national policy priorities that differ from the international intellectual property industry.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ On 13 October 2008, the AIC published it findings and recommendations in the report entitled Intellectual Property Crime and Enforcement in Australia.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ On 23 September 2008, the Australian Government welcomed the confirmation of Dr Francis Gurry as the new Director General of the World Intellectual Property Organisation (WIPO).
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

Criticism

Secrecy of negotiations

.The Electronic Frontier Foundation opposes ACTA, calling for more public spotlight on the proposed treaty.^ Very little public information has been provided about the details of the substance of the proposed treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2009: The Georgia Straight, Vancouver, BC, Canada The European Parliament has voted for a proposal to bring more transparency and public access to documents.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Sep, 2008: Electronic Frontier Foundation, San Francisco, CA, USA EFF remains deeply concerned about the lack of transparency surrounding the contents of the proposed Anti-counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [42] .Since May 2008 discussion papers and other documents relating to the negotiation of ACTA have been uploaded to Wikileaks,[13] and newspaper reports about the secret negotiations swiftly followed.^ Details emerge of secret ACTA negotiation .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Despite this, KEI has obtained some documents related to the negotiations.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Dec, 2008: ars technica, Malden, MA, USA Negotiations on the controversial and largely secret Anti-Counterfeiting Trade Agreement (ACTA) race ever onward, but the process isn't moving quite as fast as proponents had hoped.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [8][19][43]
.In June 2008 Canadian academic Michael Geist writing for Copyright News argued that "Government Should Lift Veil on ACTA Secrecy" noting before documents leaked on the internet ACTA was shrouded in secrecy.^ The ACTA is being drafted to reduce the global trade of counterfeit goods and pirated copyright protected works as well as internet distribution and information technology.
  • EPIC Alert 16.05 (03/17/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ On 23 September 2008, the Australian Government welcomed the confirmation of Dr Francis Gurry as the new Director General of the World Intellectual Property Organisation (WIPO).
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ ACTA's secrecy makes it impossible to assess whether the vetoes apply and should be used.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 Coverage of the documents by the Toronto Star "sparked widespread opposition as Canadians worry about the prospect of a trade deal that could lead to invasive searches of personal computers and increased surveillance of online activities." Geist argues that public disclosure of the draft ACTA treaty "might put an end to fears about iPod searching border guards" and that it "could focus attention on other key concerns including greater Internet service provider filtering of content, heightened liability for websites that link to allegedly infringing content, and diminished privacy for Internet users." .Geist also argues that greater transparency would lead to a more inclusive process, highlighting that the ACTA negotiations have excluded both civil society groups as well as developing countries.^ Noticeably absent from ACTA’s negotiations are leaders from developing countries who hold national policy priorities that differ from the international intellectual property industry.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ ACTA’s negotiation process involves the world’s wealthiest countries banding together and forming a unified block to unilaterally set new global rules for intellectual property rights.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ The lack of transparency in the process to negotiate the global trade pact for an information society is concerning.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .Geist reports that "reports suggest that trade negotiators have been required to sign non-disclosure agreements for fear of word of the treaty's provisions leaking to the public."^ Again, disclosure and notification requirements should include appropriate anti-abuse provisions.
  • Essential Action Comments to Canadian Government Regarding How Proposed "Anti-Counterfeiting" Trade Agreement Could Impact Access to Medicines - Access To Medicines Project 10 September 2009 23:15 UTC www.essentialaction.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ This treaty is being negotiated behind closed doors by a handful of trade representatives from the US, EU etc.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 He argues that there is a need for "cooperation from all stakeholders to battle counterfeiting concerns" and that "an effective strategy requires broader participation and regular mechanisms for feedback".[44]
In November 2008 the European Commission responded to these allegations as follows:
"It is alleged that the negotiations are undertaken under a veil of secrecy. This is not correct. .For reasons of efficiency, it is only natural that intergovernmental negotiations dealing with issues that have an economic impact, do not take place in public and that negotiators are bound by a certain level of discretion.^ Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .However, there has never been any intention to hide the fact that negotiations took place, or to conceal the ultimate objectives of the negotiations, the positions taken in European Commission Trade 5/6 the negotiations or even details on when and where these negotiations are taking place.^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ "The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ The administration last month said the trade agreement and related materials were classified in the interest of national security , a position first taken by the Bush administration.
  • U.S. offers peek at proposed copyright treaty | Politics and Law - CNET News 10 September 2009 23:15 UTC news.cnet.com [Source type: General]

 .The EU and other partners (US, Japan, Canada, etc.^ This treaty is being negotiated behind closed doors by a handful of trade representatives from the US, EU etc.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ The goal is to strengthen the intellectual property protections so important to the EU, the US, Korea, Japan, and others.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: Foundation for a Free Information Infrastructure (FFII), Brussels, Belgium Behind closed doors the EU, US, Japan and other countries negotiate an Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ) announced their intention to start negotiations of .ACTA on 23 October 2007, in well publicised press releases.^ (See News Release - October 23, 2007).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ II. Substance of ACTA In October 2007 the USTR published a press release [1] and a “Fact Sheet” [2] on ACTA that provides a glimpse into what its proponents have planned.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Canada published a press release in October 2007 to announce that it was participating in preliminary negations about ACTA. Canada’s Department of Foreign Affairs and International Trade published a website [9] on ACTA and listed a contact email address for accepting comments of consultations@international.gc.ca .
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .Since then we have talked about ACTA on dozens of occasions, including at the European Parliament (INTA committee meetings), and in numerous well attended seminars.^ Peer-2-Peer (P2P) file-sharing activity would be criminalized by ACTA and numerous accidental and innocent infringements would be subject to criminal penalties, including prison.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ ACTA negotiations have not included participation from public interest groups concerned about the subject matter of the proposed treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ European parliament votes for greater ACTA transparency .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .Commission organised a stakeholders' consultation meeting on 23 June in Brussels, open to all – industry and citizens and attended by more than 100 participants.^ Organisational procedures Open Consultations This web site .
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Openness in that respect contributes to strengthening democracy by allowing citizens to scrutinize all the information which has formed the basis of a legislative act.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 .US, Australia, Canada, New Zealand and other ACTA partners did the same."^ They are available to the governments of Canada, Mexico, New Zealand, Australia.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ The United States has been working with several trading partners, including Australia, Canada, the European Union and its 27 member states, Japan, Mexico, New Zealand, Singapore, South Korea, and Switzerland, to negotiate the agreement.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [1][citation needed]

Legal scope

.It has been argued that the main thrust of ACTA is to provide safe harbor for service providers so that they may not hesitate to provide information about infringers; this may be used, for instance, to quickly identify and stop infringers once their identities are confirmed by their providers.^ Very little public information has been provided about the details of the substance of the proposed treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ The only information provided by the USTR on ACTA to the public is the press release announcing the initiative in October 2007 and the accompanying skeletal “Fact Sheet”.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ The deal could also impose strict regulations on Internet service providers, forcing those companies to hand over customer information without a court order.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .Similarly, it provides for criminalization of copyright infringement, granting law enforcement the powers to perform criminal investigation, arrests and pursue criminal citations or prosecution of suspects who may have infringed on copyright.^ Trade, Enforcement and Public Awareness Section - Bilateral and regional issues (including China, Malaysia, GCC and ANZ-ASEAN FTAs and APEC, WTO, OECD and Commonwealth Law Ministers) - Copyright and trade - Enforcement issues - Criminal offence provisions - Public awareness education - Infringement notice scheme - Liaison with law enforcement agencies .
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ If it becomes international law, anyone who offers copyrighted files over the internet or downloads them may be labelled a criminal and forcibly disconnected from the net.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Criminal enforcement – criminalizing non-commercial infringements (lower the international legal standard since the existing standard under the TRIPS Agreement Article 61 provides criminal provisions against commercial infringements).
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .It also allows criminal investigations and invasive searches to be performed against individuals for whom there is no probable cause, and in that regard weakens the presumption of innocence and allows what would in the past have been considered unlawful searches.^ But there is no way to retaliate against patent trolls.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ If ratified, many suggest it would criminalize peer-to-peer file sharing, subject iPods to border searches and allow internet service providers to monitor their customers' communications.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .More pressingly, being an international treaty, it allows for these provisions—usually administered through public legislation and subject to judiciary oversight—to be pushed through via closed negotiations among members of the executive bodies of the signatories, and once it is ratified, using trade incentives and the like to persuade other nations to adopt its terms without much scope for negotiation.^ The US is negotiating ACTA through the Office of the US Trade Representative (USTR), an office within the Bush Administration that has concluded more than 10 “free trade” agreements in recent years, all of which require both the US and the other country to increase intellectual property rights and enforcement measures beyond the international legal norms in the WTO-TRIPS Agreement and WIPO Internet Treaties.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Behind closed doors, the EU, US, Japan and other countries are negotiating ACTA. The negotiating parties plan on making the ACTA text public only after the parties have agreed to it.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Through trade agreements like ACTA, IPR-exporting countries are able to impose policies that favor them onto the domestic legislation of IPR-importing countries.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [45]

Privacy

.The Free Software Foundation argues that ACTA will create a culture of surveillance and suspicion.^ The new IPR enforcement tools created by ACTA will make it easy to stifle online criticism of companies or products that are trademarked or copyrighted in violation of free expression.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ ACTA may create an unprecedented scope of secondary liability for Internet intermediaries, ICTs, software vendors and a range of legitimate business activity.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [46] .Aaron Shaw argues that "ACTA would create unduly harsh legal standards that do not reflect contemporary principles of democratic government, free market exchange, or civil liberties.^ ACTA will create new forms of legal liability for third parties over infringements of others, or lowering existing standards for secondary (intermediary) liability.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Harsh measures aimed at commercial piracy enterprises are not in place here, it would significantly stifle the spare parts market.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ The new IPR enforcement tools created by ACTA will make it easy to stifle online criticism of companies or products that are trademarked or copyrighted in violation of free expression.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .Even though the precise terms of ACTA remain undecided, the negotiants' preliminary documents reveal many troubling aspects of the proposed agreement."^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Proposed Anti-Counterfeiting Trade Agreement (ACTA) 25 March 2008 .
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Proposed US ACTA multi-lateral intellectual property trade agreement .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 such as removing ."legal safeguards that protect Internet Service Providers from liability for the actions of their subscribers" in effect giving ISPs no option but to comply with privacy invasions.^ The report outlines legal protections, new challenges, and important issues and events relating to privacy.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 ^ The deal could also impose strict regulations on Internet service providers, forcing those companies to hand over customer information without a court order.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Internet distribution and information technology – focus on restricting Internet distribution of information including Peer-2-Peer (P2P) file-sharing, creating liability for search engines and other online service providers, requirements that ISPs police and control Internet content.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 Shaw further says that "[ACTA] would also facilitate privacy violations by trademark and copyright holders against private citizens suspected of infringement activities without any sort of legal due process".[47]

Practicality

.The Times has quoted an unnamed British research study which found that iPods owned by persons aged 14 to 24 today contain an average of more than 840 tracks downloaded on file-sharing networks, nearly fifty percent of all music possessed by this segment.^ The US Bush Administration has spied on more Americans than any President in US history, and now the Administration proposes to share all of that data about Americans with the governments of other countries (in exchange for the personal data of their citizens).
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ ACTA may turn out more far reaching than the proposed IPRED 2 Directive , containing criminal measures.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ The fully updated 2008 volume is the 24th edition of the manual that lawyers, journalists and researchers have relied on for more than 25 years.
  • EPIC Alert 16.07 (04/13/09) 10 September 2009 23:15 UTC epic.org [Source type: FILTERED WITH BAYES]

 [48] The same study also found that 95% of individuals falling under this category have copied music in some way.[48] .Thus, some critics argue that ACTA directly criminalizes ordinary consumer activity.^ Peer-2-Peer (P2P) file-sharing activity would be criminalized by ACTA and numerous accidental and innocent infringements would be subject to criminal penalties, including prison.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ A key component to ACTA’s objective is to increase government surveillance of consumer activity and share that consumer data with the governments and law enforcement agencies of other countries.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Criminalizing a wide range of ordinary consumer activity on the Internet is one of ACTA’s main goals.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [49][50][51]

Threat to free software

The Free Software Foundation (FSF) has published "Speak out against ACTA", stating that the ACTA threatens free software by creating a culture "in which the freedom that is required to produce free software is seen as dangerous and threatening rather than creative, innovative, and exciting."[46] Specifically the FSF argues that ACTA will make it more difficult and expensive to distribute free software via file sharing and P2P technologies like BitTorrent, which are currently used to distribute large amounts of free software. .The FSF also argues that ACTA will make it harder for users of free operating systems to play non-free media because DRM protected media would not be legally playable with free software.^ The new IPR enforcement tools created by ACTA will make it easy to stifle online criticism of companies or products that are trademarked or copyrighted in violation of free expression.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ WIPO is a United Nations Specialized Agency, but ACTA would reside entirely outside of existing international legal frameworks and any related accountability structures that insure inclusiveness of non-commercial views.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Legal due process protections are the means by which fairness is ensured in a justice system.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [46]

Requests for disclosure

.In September 2008 a number of interest groups urged parties to the ACTA negotiations to disclose the language of the evolving agreement.^ Dec, 2008: ars technica, Malden, MA, USA Negotiations on the controversial and largely secret Anti-Counterfeiting Trade Agreement (ACTA) race ever onward, but the process isn't moving quite as fast as proponents had hoped.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: Foundation for a Free Information Infrastructure (FFII), Brussels, Belgium Behind closed doors the EU, US, Japan and other countries negotiate an Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .In an open letter the groups argued that: "Because the text of the treaty and relevant discussion documents remain secret, the public has no way of assessing whether and to what extent these and related concerns are merited."^ No draft text has been provided to the public or representatives from civil society groups concerned about the treaty.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ ACTA negotiations go on in secret by invitation only and ACTA’s proponents have yet to welcome input from public interest groups or others concerned about the proposal’s cost to the public or potential for harm or abuse.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ This way the EU hinders the proper application of Regulation 1049/2001 regarding public access to documents.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 .The interest groups included: the Consumers Union, the Electronic Frontier Foundation, Essential Action, IP Justice, Knowledge Ecology International, Public Knowledge, Global Trade Watch, the US Public Interest Research Group, IP Left (Korea), the Canadian Library Association, the Consumers Union of Japan, the National Consumer Council (UK) and the Doctors without Borders' Campaign for Essential Medicines.^ The International IP Enforcement Landscape from a Developing Country Perspective“ : South Center Research Paper 15: http://www.southcentre.org/publications/researchpapers/ResearchPapers15.pdf .
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2009: PC World, San Francisco, CA, USA The USTR this week denied a Freedom of Information Act (FOIA) request from Knowledge Ecology International, an intellectual-property research and advocacy group, even though Obama, in one of his first presidential memos, directed that agencies be more forthcoming with information requested by the public.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ All the new responsibilities that ACTA places on local and national law enforcement, border agencies, customs controls, and local courts to promote the interest of a narrow few will cost the public billions of dollars.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 [52]

Australia

.A coalition of concerned organisations submitted to the responsible Australian Government department, the Department of Foreign Affairs and Trade.^ Nov, 2007: Australian Government, Department of Foreign Affairs and Trade This discussion paper provides information on a new treaty being proposed by Japan, the EC, the US and Switzerland, provisionally called the Anti‑Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ On 23 September 2008, the Australian Government welcomed the confirmation of Dr Francis Gurry as the new Director General of the World Intellectual Property Organisation (WIPO).
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ The Copyright Law Branch continues to work closely with the Department of Foreign Affairs and Trade, IP Australia, and other agencies on the IP issues in relation to Australia’s current Free Trade Agreements, negotiations for new FTAs and the Anti-Counterfeiting Trade Agreement.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 [53]
.The submission agreed that reducing counterfeiting is important where it endangers consumer health or safety, or constitutes commercial scale infringement.^ Even if "infringing item", "commercial scale" and "intentional infringement" are defined as sharply as possible, not all proportionality issues are solved.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ The AIC found that IP crime impacts adversely on business, industry, the national economy, and consumer health and safety.
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 ^ At the bare minimum, "infringing item", "commercial scale" and "intentional infringement" have to be clearly defined.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 .However, the coalition urged that pursuit of that goal should not threaten legitimate commercial, social, innovative and creative activities, the rights of consumers or the free flow of information.^ It fails to make adequate distinctions between commercial piracy enterprises, legitimate/lawful activities undertaken by business competitors, or even the common activities of ordinary Europeans.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ ACTA places an emphasis on restricting the free flow of information on the Internet.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 ^ Criminalizing a wide range of ordinary consumer activity on the Internet is one of ACTA’s main goals.
  • IP Justice › News Archive » IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA) 10 September 2009 23:15 UTC ipjustice.org [Source type: FILTERED WITH BAYES]

 .The coalition noted the current proposed treaty raised serious concerns with respect to transparency, increased customs search powers, increased penalties for IP infringement, and lack of due process.^ It proposes a draconian response to copyright infringement, including the right to search laptops and iPods for illegally copied music or video files and the imposition of "deterrent-level penalties".
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Sep, 2008: Electronic Frontier Foundation, San Francisco, CA, USA EFF remains deeply concerned about the lack of transparency surrounding the contents of the proposed Anti-counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ We the undersigned public interest groups and individuals are writing to raise our concerns about recent developments in the World Customs Organisation, in particular the setting of intellectual property enforcement standards that go beyond the TRIPS agreement (TRIPS plus) in the SECURE Working Group, the lack of dialogue with, and involvement of public interest organisations in the standard setting process and the lack of transparency surrounding the Working Group’s work.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]
The coalition consisted of:
  • the Australian Digital Alliance – a public interest copyright organisation advocating for an appropriately balanced copyright regime;
  • the Australian Library and Information Association – the peak professional organisation for the Australian library and information services sector;
  • Choice – a not-for-profit consumer organisation that campaigns on behalf of Australian consumers; and
  • the Internet Industry Association – Australia's national Internet industry organisation that provides policy input to government and advocacy on a range of issues.

Canada

.The University of Ottawa's Canadian Internet Policy and Public Interest Clinic filed an access to information request but received only a document stating the title of the agreement, with everything else blacked out.^ The Foundation for a Free Information Infrastructure (FFII) has filed a complaint with the Ombudsman against the EU Council for deliberately obstructing access to Anti-Counterfeiting Trade Agreement (ACTA) documents.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Jan, 2009: Michael Geist, Ottawa, ON, Canada While the Canadian government has dutifully followed the U.S. line on ACTA with bland releases following each of the four 2008 negotiation sessions, newly obtained documents under the Access to Information Act reveal that the Canadian delegation may be speaking out ...
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Jun, 2008: The Age, Australia Last month a draft document titled Anti-Counterfeiting Trade Agreement appeared on the internet.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [8]

European Union

.In November 2008, the Foundation for a Free Information Infrastructure (FFII) requested secret Anti-Counterfeiting Trade Agreement (ACTA) documents from the EU Council, specifically naming 12 documents to be published.^ Anti-Counterfeiting Trade Agreement - ACTA Action Now skip to: page content .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ The resolution includes specific language about the Anti-Counterfeiting Trade Agreement.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ The Foundation for a Free Information Infrastructure (FFII) has filed a complaint with the Ombudsman against the EU Council for deliberately obstructing access to Anti-Counterfeiting Trade Agreement (ACTA) documents.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [54] .The request was denied by the EU council, stating that "disclosure of this information could impede the proper conduct of the negotiations, would weaken the position of the European Union in these negotiations and might affect relations with the third parties concerned" [55].^ Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ "The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Further information in relation to Australia’s existing FTAs (eg Singapore, Thailand, Chile and the United States) and the negotiations currently underway is available on the DFAT FTA website .
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 .FFII stated that although the case could be won in the European court of justice, the legal process could take many years (citing an earlier case on transparency of EU legislation that took 6 years).^ Jan, 2008: Washington Post, USA The European Court of Justice, the EU's top legal authority, sent a clear message to content owners that their exclusive right to distribute copyrighted works doesn't trump personal privacy rights of ISP customers.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ By adding legal framework to a trade agreement the Protocol on the role of the national parliaments in the European Union's transparency requirements for Community legislation apply.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 ^ Where the opinion of the Court of Justice is adverse, the agreement may enter into force only in accordance with Article 48 of the Treaty on European Union.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 Consequently, FFII suggests going via parliaments of Europe to force Council to publish the texts.[citation needed]
.In March 2009, the European Parliament passed a resolution demanding greater transparency in public affairs, which among other things called on the European Commission to make public all documents relating to the negotiations.^ European parliament votes for greater ACTA transparency .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2009: Knowledge Ecology International, Geneva, Switzerland, London, UK and Washington, DC, USA While the U.S. claims that ACTA documents are a matter of national security and the European Parliament demands greater transparency, it would appear that the Canadian delegation would favour an early release of the draft treaty.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ In a Resolution, the European Parliament called for disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 [56]

New Zealand

.In August 2009 a coalition of NGOs and individuals formed to request more transparency in ACTA negotiations.^ ACTA Negotiations Will Continue into 2009 .
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2009: The Georgia Straight, Vancouver, BC, Canada The European Parliament has voted for a proposal to bring more transparency and public access to documents.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Dec, 2008: ZeroPaid, San Deigo, CA, USA ACTA negotiations will continue it's usual secrecy into 2009 after wrapping up in Paris.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 .At briefings held by the Ministry of Economic Development (MED) and the Ministry of Foreign Affairs and Trade (MFAT) on 16 December 2009, representatives from the coalition organisations supported the New Zealand negotiators stated desire to call for more transparency.^ Mar, 2009: The Georgia Straight, Vancouver, BC, Canada The European Parliament has voted for a proposal to bring more transparency and public access to documents.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Nov, 2008: European Commission Negotiations on a new Anti-Counterfeiting Trade Agreement (ACTA) were launched in 2007.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
  • Analysis Anti-Counterfeiting Trade Agreement - Action groups 10 September 2009 23:15 UTC action.ffii.org [Source type: Original source]

 In December 2009 two New Zealand members of Parliament, Clare Curran (Labour) and Peter Dunne (United Future) also publicly questioned the need for secrecy.[57][58]

United States

.Knowledge Ecology International also filed a Freedom of Information Act (FOIA) request in the United States but had their entire request denied.^ Mar, 2009: PC World, San Francisco, CA, USA The USTR this week denied a Freedom of Information Act (FOIA) request from Knowledge Ecology International, an intellectual-property research and advocacy group, even though Obama, in one of his first presidential memos, directed that agencies be more forthcoming with information requested by the public.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Sep, 2008: Knowledge Ecology International, Geneva, Switzerland, London, UK and Washington, DC, USA One of the most important developments in patent law has been the growth of compulsory licenses in the United States, following the 2006 eBay Supreme Court Decision.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Further information in relation to Australia’s existing FTAs (eg Singapore, Thailand, Chile and the United States) and the negotiations currently underway is available on the DFAT FTA website .
  • Issue 50 - December 2008 10 September 2009 23:15 UTC www.ag.gov.au [Source type: FILTERED WITH BAYES]

 .The United State Trade Representative's FOIA office stated the request was withheld for being material "properly classified in the interest of national security."^ Jan, 2009: NetworkWorld.com, MA, USA The Office of the U.S. Trade Representative has withheld more than 1,300 pages on an anticounterfeiting trade agreement being quietly negotiated after two digital rights groups filed a request for information, the groups said.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ Mar, 2008: IP Justice, San Francisco, CA, USA IP Justice appreciates this opportunity to provide comments to the Office of the United States Trade Representative on the proposed Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ This treaty is being negotiated behind closed doors by a handful of trade representatives from the US, EU etc.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [59] However, a recent leak has shown that the Obama administration intends to start an undisclosed Internet chapter..November 2009" style="white-space:nowrap;">[citation needed] US Senators Bernie Sanders (I-VT) and Sherrod Brown (D-OH) penned a letter on November 23, 2009 asking the United States Trade Representative to make the text of the ACTA public.^ Mar, 2008: IP Justice, San Francisco, CA, USA IP Justice appreciates this opportunity to provide comments to the Office of the United States Trade Representative on the proposed Anti-Counterfeiting Trade Agreement (ACTA).
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ This treaty is being negotiated behind closed doors by a handful of trade representatives from the US, EU etc.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 ^ ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland — those countries with the largest intellectual property industries.
  • Anti-Counterfeiting Trade Agreement - ACTA Action Now 10 September 2009 23:15 UTC actaactionnow.org [Source type: FILTERED WITH BAYES]

 [60]

See also

Related treaties and laws

Related organizations

Related topics

References

  1. ^ a b c "Fact Sheet: Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 23 October 2007 (Revised on January 2009). http://trade.ec.europa.eu/doclib/html/142039.htm. Retrieved 25 November 2009. 
  2. ^ a b c d e Ministry of Economic Development of New Zealand (2008). "On Anti-Counterfeiting Trade Agreement". http://www.med.govt.nz/templates/ContentTopicSummary____34357.aspx. 
  3. ^ a b c d USTR (PDF), The Anti-Counterfeiting Trade Agreement – Summary of Key Elements Under Discussion, http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf, retrieved 25 November 2009 
  4. ^ "SECURE Draft (Feb. 2008)". World Customs Organization (WCO). February 2008. http://www.wcoomd.org/files/1.%20Public%20files/PDFandDocuments/Enforcement/SECURE_E.pdf. 
  5. ^ Herman, Bill D. & Oscar H. Gandy, Jr. (2008). "Catch 1201: A Legislative History and Content Analysis of the DMCA Exemption Proceedings". Cardozo Arts & Entertainment Law Journal. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=844544. 
  6. ^ a b c Ingram, Matthew (2008-05-26). "Do we need copyright cops?". Ingram 2.0 (Globe and Mail). http://www.theglobeandmail.com/blogs/ingram-2_0/do-we-need-copyright-cops/article687387/. Retrieved 2008-05-27. 
  7. ^ "ACTA draft, 18 Jan 2010, page 12". http://en.swpat.org/wiki/ACTA-6437-10.pdf_as_text#Page_12. 
  8. ^ a b c d Pilieci, Vito (2008-05-26). "Copyright deal could toughen rules governing info on iPods, computers". Vancouver Sun. http://www.canada.com/vancouversun/story.html?id=ae997868-220b-4dae-bf4f-47f6fc96ce5e&p=1. Retrieved 2008-05-27. 
  9. ^ "Fact Sheet: Anti-Counterfeiting Trade Agreement". European Commission. 2007-10-23. http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm. Retrieved 2008-05-27. 
  10. ^ a b "What is ACTA?". Electronic Frontier Foundation (EFF). http://www.eff.org/issues/acta. Retrieved 1 december 2008. 
  11. ^ "The Anti-Counterfeiting Trade Agreement (ACTA) Fact Sheet (Updated November 2008)". European Commission. http://trade.ec.europa.eu/doclib/docs/2008/october/tradoc_140836.11.08.pdf. Retrieved 8 December 2008. 
  12. ^ http://www.med.govt.nz/templates/MultipageDocumentTOC____34358.aspx
  13. ^ a b "Proposed US ACTA multi-lateral intellectual property trade agreement (2007)". Wikileaks. 22 May 2008. http://wikileaks.org/w/index.php?title=Proposed_US_ACTA_multi-lateral_intellectual_property_trade_agreement_%282007%29&oldid=29522. 
  14. ^ "ACTA-6437-10.pdf (as text". http://en.swpat.org/wiki/ACTA-6437-10.pdf_as_text. 
  15. ^ "Biggest-ever ACTA leak: secret copyright treaty dirty laundry motherlode". http://www.boingboing.net/2010/03/01/biggest-ever-acta-le.html. 
  16. ^ a b c "Fact Sheet: Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 23 October 2007 (Updated November 2008). http://trade.ec.europa.eu/doclib/html/140836.htm. Retrieved 27 November 2009. 
  17. ^ ACTA: Non-Paper on institutional issues under the Agreement, 9 June 2008, http://keionline.org/sites/default/files/Non_paper_on_Institutional_Issues.pdf 
  18. ^ Geist, Michael (3 February 2009). "Putting Together the ACTA Puzzle: Privacy, P2P Major Targets". http://www.michaelgeist.ca/content/view/3660/125/. 
  19. ^ a b Weeks, Carly (2008-05-26). "Anti-piracy strategy will help government to spy, critic says". The Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20080526.COPYRIGHT26//TPStory/National. Retrieved 2008-05-27. 
  20. ^ a b c Nakashima, Ellen (2008-08-01). "Travelers' Laptops May Be Detained At Border". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR2008080103030.html?hpid=topnews. Retrieved 2008-08-01. 
  21. ^ "Policy Regarding Border Search of Information". U.S. Customs and Border Protection. 2008-07-16. http://www.cbp.gov/linkhandler/cgov/travel/admissability/search_authority.ctt/search_authority.pdf. Retrieved 2008-08-01. 
  22. ^ Katz, Eddan; Hinze, Gwen (November 2009), "The Impact of the Anti-Counterfeiting Trade Agreement on the Knowledge Economy: The Accountability of the Office of the U.S. Trade Representative for the Creation of IP Enforcement Norms Through Executive Trade Agreements" (PDF), The Yale Journal of International Law, http://www.yjil.org/images/pdfs/katz_hinze_432.pdf, retrieved November 24th 2009 
  23. ^ Australia announced it would join negotiations on 1 February 2008, see the Press release by Simon Crean, Australian Minister for Trade
  24. ^ "EU, US and others hold Geneva talks on Anti-Counterfeiting Trade Agreement" (PDF). European Commission. 5 June 2008. http://trade.ec.europa.eu/doclib/html/139086.htm. Retrieved 26 November 2009. 
  25. ^ "EU/NR 75/08: ANTI-COUNTERFEITING: EU, US AND OTHERS MEET IN WASHINGTON TO ADVANCE ACTA". European Commission. 31 July 2008. http://www.eurunion.org/eu/index.php?option=com_content&task=view&id=2418&Itemid=58. Retrieved 26 November 2009. 
  26. ^ "Anti-counterfeiting: Participants meet in Tokyo to discuss ACTA" (PDF). European Commission. 9 October 2008. http://trade.ec.europa.eu/doclib/html/141203.htm. Retrieved 26 November 2009. 
  27. ^ "ACTA: 4th round of negotiation" (PDF). European Commission. 18 December 2008. http://trade.ec.europa.eu/doclib/html/142118.htm. Retrieved 26 November 2009. 
  28. ^ a b ACTA 5th Round of negotiation: press statement, 21 July 2009.
  29. ^ Swedish Government Offices (6 November 2009). "The 6th Round of Negotiations on Anti-Counterfeiting Trade Agreement". http://www.se2009.eu/en/meetings_news/2009/11/6/the_6th_round_of_negotiations_on_anti-counterfeiting_trade_agreement. Retrieved 8 November 2009. 
  30. ^ a b c Michael Geist (6 February 2010). "European ACTA Document Leaks With New Details on Mexico Talks and Future Meetings". http://www.michaelgeist.ca/content/view/4795/125/. Retrieved 19 February 2010. 
  31. ^ About IIPA
  32. ^ Anderson, Nate (2008-06-30). "RIAA's ACTA wishlist includes gutted DMCA, mandatory filters.". Ars Technica. http://arstechnica.com/news.ars/post/20080630-inside-the-riaas-acta-wishlist.html. Retrieved 2008-07-02. 
  33. ^ PhRMA (March 21, 2008). "PhRMA comments to USTR on ACTA". http://www.keionline.org/content/view/193/1. 
  34. ^ "Q&As on the Anti-Counterfeiting Trade Agreement (ACTA)" (PDF). European Commission. http://trade.ec.europa.eu/doclib/html/142040.htm. Retrieved 27 November 2009. 
  35. ^ Gianluca Susta (26 August 2008). "Draft Report on the impact of counterfeiting on international trade". European Parliament's Committee on International Trade. http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE405.983. 
  36. ^ JURI Draft Opinion: Impact of Counterfeiting on International Trade
  37. ^ European Parliament resolution on the transparency and state of play of the ACTA negotiations
  38. ^ Presidency of the Council (26 August 2008). "Draft Council Resolution on a comprehensive European anti-counterfeiting plan". Council. http://register.consilium.europa.eu/pdf/en/08/st12/st12370.en08.pdf. 
  39. ^ Presidency of the Council (25 September 2008). "Council Resolution on a comprehensive European anti-counterfeiting plan" (pdf). Council. http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/intm/103037.pdf. 
  40. ^ Who are the cleared advisors that have access to secret ACTA documents?
  41. ^ USTR Advisory Committess
  42. ^ "Sunlight for ACTA". EFF. http://www.eff.org/action/sunlight-acta. Retrieved 2008-07-05. 
  43. ^ Jason Mick (23 May 2008). "Wikileaks Airs U.S. Plans to Kill Pirate Bay, Monitor ISPs With Multinational ACTA Proposal". DailyTech. http://www.dailytech.com/article.aspx?newsid=11870. 
  44. ^ Geist, Michael (9 June 2008). "Government Should Lift Veil on ACTA Secrecy". http://www.michaelgeist.ca/content/view/3013/135/. Retrieved 28 November 2008. 
  45. ^ Anderson, Nate (2008-06-02). "The real ACTA threat (it's not iPod-scanning border guards)". Ars Technica. http://arstechnica.com/news.ars/post/20080602-the-real-acta-threat-its-not-ipod-scanning-border-guards.html. Retrieved 2008-06-14. 
  46. ^ a b c "Speak out against ACTA". Free Software Foundation. http://www.fsf.org/campaigns/acta/. 
  47. ^ Shaw, Aaron (April 2009). "The Problem with the Anti-Counterfeiting Trade Agreement (and what to do about it)". KEStudies 2. http://www.kestudies.org/ojs/index.php/kes/article/view/34/59. 
  48. ^ a b "Average teenager's iPod has 800 illegal music tracks". London: Times. http://technology.timesonline.co.uk/tol/news/tech_and_web/personal_tech/article4144585.ece. Retrieved 2008-07-05. 
  49. ^ "IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA)". IPJustice.org. http://ipjustice.org/wp/2008/03/25/ipj-white-paper-acta-2008/. Retrieved 2008-07-05. 
  50. ^ "Students (unaware/don’t care) about music legalities". ZDNet. http://blogs.zdnet.com/igeneration/?p=217. Retrieved 2008-07-05. 
  51. ^ "Piracy as a social phenomenon – It's not about the $". ZDNet. http://education.zdnet.com/?p=1050&tag=btxcsim. Retrieved 2008-07-05. 
  52. ^ "Anti-Counterfeiting Trade Agreement: Fact or Fiction?". Wired.com. 15 September 2008. http://blog.wired.com/27bstroke6/2008/09/international-i.html. 
  53. ^ "Principles for ACTA negotiations". http://www.digital.org.au/submission/documents/PrinciplesforACTAnegotiations.pdf. 
  54. ^ FFII Press Release from November 3 2008 FFII opposes stealth legislation, demands ACTA documents
  55. ^ FFII Press Release from November 10 2008 EU Council refuses to release secret ACTA documents
  56. ^ Summary of European Parliament resolution calling on European Commission to release ACTA details
  57. ^ Clare Curran (2009-04-12). "What's the need for Secrecy?". Labour. http://blog.labour.org.nz/index.php/2009/12/04/whats-the-need-for-secrecy/. Retrieved 2009-04-12. 
  58. ^ Peter Dunne (2009-04-12). "Dunne: What are we signing up to, Mr Power?". United Future. http://www.unitedfuture.org.nz/default,1286,dunne_what_are_we_signing_up_to_mr_power.sm. Retrieved 2009-04-12. 
  59. ^ James Love (2009-03-12). "Obama Administration Rules Texts of New IPR Agreement are State Secrets". The Huffington Post. http://www.huffingtonpost.com/james-love/obama-administration-rule_b_174450.html. Retrieved 2009-03-12. 
  60. ^ US Senators Sanders and Brown (23 November 2008). "Letter To The United States Trade Representative". Senators Sanders and Brown. http://keionline.org/sites/default/files/sanders_brown_acta.pdf. 

External links

Official ACTA sites

Other sites


Citable sentences

Up to date as of December 14, 2010

Here are sentences from other pages on Anti-Counterfeiting Trade Agreement, which are similar to those in the above article.








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