EU

ACTA will be signed Saturday

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On Saturday, October 1, 2011, parties that have completed relevant domestic processes will sign ACTA (Anti-Counterfeiting Trade Agreement). For background information on who will sign, see: Who is Signing ACTA: State of Play Cont’d (EU will not sign)

FFII (Foundation for a Free Information Infrastructure) statement:

The world faces major challenges: access to medicine, diffusion of green technology needed to fight climate change, and a balanced Internet governance. While flexibility is essential to solve these major issues, ACTA codifies heightened measures. To stimulate startup companies, the EU legal situation should minimize market entrance risks for innovators. In digital markets, innovators are often confronted with patent minefields.

Civil

With ACTA, manipulation returns to the European Parliament

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A few years ago, an amendment making sure that parallel importation was not criminalised in the EU disappeared after it was adopted in the European Parliament. This summer, the Chairman of the International Trade committee (INTA), Mr Vital Moreira, rewrote a question the INTA committee asked the Parliament’s Legal Services regarding ACTA (Anti-Counterfeiting Trade Agreement). The INTA Chairman among others things left out a reference regarding parallel importation. Up until now, no member of the INTA committee questioned the behavior of the INTA Chairman. (See update below.)

While prominent legal experts conclude ACTA is not compatible with EU law, EU Treaties and fundamental rights, MEPs (Members of the Parliament) expect the Legal Services to conclude ACTA is fine.

EU

ACTA: Delicate matter of incompatibility with fundamental rights

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Letter to the European Parliament Legal Affairs Committee
2 September 2011

Dear Members of the Legal Affairs Committee,

A new study on ACTA, commissioned by the Greens/EFA, concludes that ACTA is incompatible with fundamental European human rights instruments and -standards. [1] We believe the Parliament should ask the European Court of Justice an opinion on this delicate issue. Only the Court can decisively resolve the uncertainties. A second Greens/EFA study concludes ACTA increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions against legitimate suppliers of generic medicines. [2]

Furthermore, according to our own analysis, green innovation will partly inherit the issues in the software field.

EU

Some EU documents on the European Parliament study on ACTA released

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The European Parliament Register released three documents on the European Parliament INTA Committee commissioned study on ACTA. The “Terms of Reference” document (pdf), dated 15 November 2010, is the most interesting. We noted weaknesses in the EP INTA study on ACTA earlier. Regarding access to medicine, we noted that the study assesses ACTA’s impact on the EU’s domestic market, and assesses how well the EU will meet its international obligations on public health. Just meeting our “international obligations on public health” is by far not enough.

EU

European Parliament does not possess Commission’s negotiators’ notes on ACTA

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The European Parliament Register informed us the Parliament does not possess the EU Commission’s negotiators’ notes on ACTA. This is remarkable. Article 218.10 TFEU reads: “The European Parliament shall be immediately and fully informed at all stages of the procedure.” The negotiators’ notes play a role in interpreting ACTA. The Commission didn’t fully inform the Parliament, if the Register’s information is correct.

EU

The Trade Committee operates like Navy Seals

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The European Parliament Trade Committee operates as secretive as Navy Seals. In the last year, the Committee commissioned a study and requested a Legal Service opinion on ACTA. While these were official decisions the Committee made, there is no record on this at all. The Legal Affairs Committee (JURI) seems to make a distinction between public minutes and non public coordinators’ notes. The Register maintains everything is published.

EU

Trade Committee not interested in fundamental rights

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The European Parliament Committee on International Trade requested the Parliament’s Legal Service an opinion on ACTA (pdf). Compared with the request US Senator Wyden made, and seen the European academics Opinion on ACTA, the questions are very narrow. The questions seem carefully designed to minimize damage to ACTA. Senator Wyden has asked in an October 8, 2010 letter that the American Law Division of the Congressional Research Service of the Library of Congress undertake and provide to Congress: “a written, independent determination of whether the commitments put forward in the agreement diverge from our domestic laws or would impeded legislative efforts that are currently underway. I ask the Division pay particular attention to the provisions relating to injunctions, damages, and intermediary liability.”

EU

European Parliament denies access to EU negotiators’ notes

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The FFII requested European Parliament documents on ACTA. The Parliament’s Register answered. In an email, the European Parliament Register denies access to the EU negotiators’ notes the Commission added in the course of the ACTA negotiations. These notes are important for interpreting ACTA. The FFII filed a confirmatory application.

EU

European Parliament ACTA study

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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.

EU

The European Parliament loves secrecy?

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This afternoon the FFII has requested minutes of European Parliament Committee meetings on ACTA (Anti-Counterfeiting Trade Agreement). ACTA was concluded in December 2010 after three years of confidential negotiations. The European Parliament now confidentially discusses whether to ask the Parliament’s legal service to answer questions about ACTA and whether to ask the European Court of Justice an opinion on ACTA. We requested:

1. the minutes of the European Parliament’s Committee on International Trade meetings, both open and in camera, including the Committee’s coordinators meetings, both open and in camera, which relate to ACTA (Anti-Counterfeiting Trade Agreement)

2.