European Parliament’s rejection of a global agreement against copyright theft on July 4th, 2012 marked the culmination of a two-year battle over ratification of the Anti-Counterfeiting Trade Agreement (ACTA). As a result of the European Parliament’s negative vote (478 to 39 with 165 abstentions), the proposed law will have to be renegotiated by the European Union’s (EU) executive body, the European Commission.
ACTA’s general goal is to target counterfeit goods, generic medicines and copyright infringement on the Internet by focusing on international cooperation, enforcement practices and legal frameworks. One specific aim was to respond to the growing trend of illegal downloads and streaming of illegal copies of films and music online. (For more details on ACTA, see E-TIPS®, “
Concerns Voiced Over Broad Copyright Policing Powers Under ACTA”, Vol. 6 No 24, June 4, 2008 and for our most recent update, see E-TIPS®, “
Whither ACTA? A Brief Update”, Vol 9, No 15, February 9, 2011).
The lack of public consultation in developing ACTA and concern about its impact on consumer’s privacy and civil liberties sparked significant opposition to the law via activist rallies across Europe in February. However, despite rejection by the European Parliament, the EU Commission will continue to analyze it and could initiate renegotiation with other signatories after the European Court of Justice issues its judgment on the constitutionality and legality of ACTA under EU law.
Under ACTA, Canada and several other countries have joined to form an international trade body dealing with copyright infringement. However, none of the countries has ratified it to date and the treaty will not go into effect until there has been ratification by six countries. Business groups have commented that EU’s rejection of ACTA will complicate free-trade talks and will have a weakening effect in free-trade negotiations for EU’s 27
member states.
Such an overwhelming rejection by the European Parliament may lead to a similar resistance to the reform efforts of EU’s Intellectual Property Rights Enforcement Directive (
IPRED) this September. Given the developing level of opposition to ACTA, it may also have ripple effects in other countries that are considering signing the agreement.
For more information, visit:
http://news.nationalpost.com/2012/07/04/acta/
Summary by:
Sumaiya Sharmeen
Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.
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