[spectre] A study on Acta from the European Parliament
Heiko Recktenwald
heikorecktenwald at googlemail.com
Sat Jul 30 11:57:31 CEST 2011
Dont want to engage too much into this, but the main point, the
difference between commercial and non-commercial (illegal) activities is
not only unclear (does it cover an advertisement on a webpage as in the
case of piratebay?), ACTA does not prevent national legislation to
extend it widely at all.
Such an extension did happen allready in the case of previous EU
legislations of cyberspace, see the German Urhebergesetz (copyright
code) that gives the industry cart blanche against ISPs in case of "big"
copyright infringements by everybody, not just the "Russian mafia", not
to mention Berlins implementation of the DMCA.
So whatever lab2lab does, it may be fun to speak in Brussels, hopefully
nice receptions etc, but it cannot be very effectiv. What France and the
UK may do may be even worse than the German examples. (IMHO there is not
even anything like "fair use" in the UK, isnt it? And we heard terrible
ideas fronm France.)
H.
Am 20.07.2011 11:31, schrieb Nicolas Maleve:
> As a follow-up to the Expression of Concern regarding ACTA
> (http://labtolab.org/~labtolab/wiki/index.php/Acta_expression_of_concern),
> a mailing list has been created to spread new information about the
> Agreement. It will also be the place to exchange ideas for action and
> debate different strategies.
> https://listes.domainepublic.net/listinfo/acta
> ------------------------
>
>
> European Parliament ACTA study
> July 19, 2011
> By Ante
>
> The study: http://t.co/KgAlGlV
> The source: http://acta.ffii.org/?p=681
>
> Act on ACTA refers to a European Parliament Trade Committee commissioned
> study on ACTA (pdf). The study highlights problematic aspects of ACTA and
> makes recommendations (see below). According to the study, “unconditional
> consent would be an inappropriate response”, and “There does not therefore
> appear to be any immediate benefit from ACTA for EU citizens”. The study
> confirms ACTA goes beyond current EU legislation. It recommends asking the
> European Court of Justice an opinion on ACTA.
>
> Weaknesses in the study are at least:
> - uncritical of OECD and industry numbers on piracy and counterfeiting, -
> the lack to incorporate findings from the Hargreaves report and the Media
> Piracy in Emerging Economies study,
> - no assessment of the effects ACTA may have on green innovation and
> diffusion of green tech.
>
> Problematic with the study is that it provides the Parliament a way to
> adopt ACTA with some reservations, leaving serious issues unsolved, and
> pre-empting important domestic debates.
>
> Recommendations in the study:
>
> - unconditional consent would be an inappropriate response from the
> European Parliament given the issues that have been identified with ACTA
> at it stands.
>
> In particular we recommend the Parliament consider that its conditional
> consent include:
> - annotating the text with additions from the TRIPS Agreement outlining
> the mandatory safeguards that ACTA has omitted to mention in areas such as
> provisional measures;
> - annotating the text, with an accompanying resolution, with additions
> from the TRIPS Agreement outlining the optional safeguards that ACTA has
> left open to be implemented in a manner supportive of the Doha Declaration
> on TRIPS and Public Health. In particular, the European Parliament should
> address the matter of border measures by recommending that member states
> exclude patents from the application of in- transit procedures. Such
> procedures should be limited to counterfeit trademark goods as defined by
> ACTA Article 5(d). This is possible because the application of in-transit
> procedures is an optional element of ACT;
> - an accompanying statement to the EU instrument ratifying ACTA that
> Article 13 is interpreted by the European Union in such a way as to allow
> the exclusion of pharmaceutical patents and trademark infringements other
> than counterfeit trademark goods from the application of border measures,
> especially in-transit procedures.
>
> - for those European Parliamentarians for whom conformity with the EU
> Acquis is sine qua non for granting consent, this study cannot recommend
> that they provide such consent to ACTA as it now stands.
>
> For those European Parliamentarians for whom conformity with the existing
> EU Acquis is not sine qua non, such consent should consider modifications
> that include:
> - Amending Article 2 of the IPRs Customs Regulation to include, within the
> scope of border measures, all violations of trademark and copyright
> infringements.
> - Seeking clarification, before ratification of ACTA, from the European
> Court of Justice that the criteria envisaged by the ACTA for the
> quantification of the compensatory damages would not amount to a
> violation of the criterion of “appropriateness of the damage to the actual
> prejudice suffered” envisaged in the Enforcement of IPRs Directive; -
> Creating a legislative framework for how information sharing under ACTA
> should take place, based on the “Opinion of the European Data Protection
> Supervisor.”
>
> - the European Parliament should make it clear that its consent to ACTA as
> a whole is conditional on member states, represented by the Council,
> committing to implement ACTA in a manner that maintains the safeguards and
> scope that the Parliament outlined in the previous legislative attempt at
> harmonisation of criminal enforcement of intellectual property .
>
>
>
>
> _______________________________________________
> Acta mailing list
> Acta at lists.constantvzw.org
> https://listes.domainepublic.net/listinfo/acta
>
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