Brussels, 24/11/2010 (Agence Europe) - The European Parliament's narrow majority support for the draft multilateral ACTA (Anti-Counterfeiting Trade Agreement) on Wednesday 24 November has not raised the doubts over its compliance with the acquis communautaire, its compatibility with respect for human rights and over controversial issues such as measures relating to criminal proceedings and sanctions, the internet chapter, geographical indications and access to medicines.
After voting down a proposal for a joint resolution from the S&D, ALDE, Greens/EFA and GUE/NGL groups by the short majority of 322 votes 306, with 26 abstentions, Parliament adopted the proposal by the EPP and ZCR groups by a similarly narrow majority of 331 votes to 294, with 11 abstentions.
Reiterating that international cooperation is essential if counterfeiting is to be combated, Parliament welcomed the publication on 2 October of the draft ACTA following the Tokyo round, and expects the European Commission to publish the finalised text following the technical meeting scheduled to take place in Sydney from 30 November to 3 December. The EP, aware that the ACTA will not resolve the complex and multi-dimensional issue of counterfeiting, nevertheless, says that this is a “step in the right direction”.
The EP also welcomed the Commission's repeated statements - including the one from Trade Commissioner Karel De Gucht on 10 October, that application of the ACTA arrangements, including on intellectual property rights (IPR) in the digital environment, “is fully compatible” with the acquis communautaire - to the effect that the agreement will not mean body searches or the “three strikes and you're out” procedure for dealing with illegal downloading from the internet.
The EP was also happy that the draft agreement confirms that the ACTA will complement the WTO TRIPS agreement and take account of the differences between the legal systems and practices of the signatory countries. Its resolution also acknowledges that the ACTA will not amend the acquis communautaire in terms of IPR application, since EU law is more stringent than current international standards.
The Parliament said it saw the ACTA as an instrument which will make current standards more effective, in the interests of EU exports and the protection of rights holders operating on the global market who are harmed by infringement of their IPR, trademarks, patents, designs and geographical indications. It hailed the Commission's efforts to have geographical indications included in the ACTA, but felt it was regrettable that the agreement contained no definition of counterfeiting of geographical indication.
The EP was pleased that the draft agreement left it to signatory countries to decide whether to go for criminal procedures and sanctions, and also that the parties agreed, at the EU's request, that criminalisation of camcording (illegally recording films in a cinema) was also be left to the decision of signatory states.
Parliament warned that any proposal to amend the ACTA would have to be adopted with its assent and it urged the Commission to confirm that implementation of the agreement will have no other effect on fundamental rights and data protection. (E.H./transl.rt)