Brussels, 15/07/2010 (Agence Europe) - Despite European Commission assurance that the Anti-Counterfeiting Trade Agreement (ACTA) - negotiated between Australia, Canada, South Korea, the United States, Japan, Morocco, Mexico, New Zealand, Singapore, Switzerland and the EU - will not be detrimental to internet surfers or service providers, scepticism persists in the European Parliament over several points of the agreement likely to jeopardise fundamental freedoms. Trade Commissioner Karel De Gucht was at the European Parliament civil liberties committee on Tuesday 13 July, in Brussels, to present the latest progress made in ACTA talks after the 9th round of talks from 28 June to 1 July in Lucerne (EUROPE 10124). Addressing the committee, he sought to appease the fears of MEPs who are still irritated by the lack of transparency in discussions conducted behind closed doors since 2007.
The trade commissioner pointed out that ACTA aims to cover large scale infringements of intellectual property rights that have a significant commercial impact. It does not aim to check the content of travellers' laptops. ACTA will not be detrimental to civil liberties nor lead to consumer harassment, he assured. On the subject of intellectual property rights, De Gucht said that ACTA will be fully in line with Community legislation, which means it will be limited to the application of EU law. ACTA will not include new intellectual property rights, change their duration or modify existing national legislation. It will establish minimum rules on the way innovators and creators may have their rights respected at borders, and before the courts. ACTA will not only be in line with Community law concerning the protection of intellectual property rights, but also, De Gucht promised, with the e-trade directive, regulations on telecommunications, and the laws applicable to data protection and privacy. On the internet chapter, the trade commissioner reaffirmed that ACTA is not seeking to bring in a sanctions mechanism against illegal downloading after the fashion of the “three strikes and you're out” system, which provides for a warning or fine for the first two incidences of unlawful downloading and then for internet access to be cut off as a punishment for the third. Generally speaking, De Gucht said, ACTA aims to establish essential standards for everything that is done online, including conception and design, to combat counterfeiting in the world. ACTA, he said, does not stipulate what can be implemented but rather the way that which already exists is implemented, the aim of the EU being to stick to the acquis communautaire.
The commissioner nonetheless spoke of the disagreement between stakeholders concerning the inclusion in ACTA of geographical indications, to which the United States is opposed. “Without wider scope, I cannot see what the advantage of such an agreement is”, De Gucht stressed, rejecting allegations whereby ACTA would be an obstacle to the trade in generic medicines.
After the fashion of Stavros Lambrinidis (S&D, Greece), S&D and Greens/EFA parliamentarians reiterated their concern about the introduction of a graduated response mechanism similar to the highly controversial Hadopi law in France for punishing online piracy. Lambrinidis called on the trade commissioner to ensure that the final version of the text would not make any direct or indirect reference to such a mechanism. The Greek MEP also asked the European negotiator whether the provisions included in the previous consolidated text - concerning not only penalties against commercial-scale downloading but also clauses allowing national authorities to request that internet service providers provide copyright holders information on users downloading music - were still present in the latest version of the consolidated text of the agreement. The “commercial level” is not defined in Community law, which leaves it up to each member state to decide how to penalise unlawful downloading. Neither will it be defined in ACTA, De Gucht explained, pledging conformity of ACTA provisions concerning internet service providers with the Community directive on e-trade.
“Several rounds of talks will be needed to make headway on the text of the final agreement”, De Gucht concluded. Negotiators of ACTA signatory parties, which are aiming at a final agreement by the end of 2010, will meet again end July in Washington. Any final agreement has, however, to receive endorsement from Parliament. (E.H./transl.jl)