Brussels, 09/02/2012 (Agence Europe) - The Anti-Counterfeiting Trade Agreement (ACTA) being negotiated independently of the World Trade Organisation (WTO) is giving rise to increasing concerns amongst civil society in the European Union. Under pressure from NGOs and bloggers, Poland and the Czech Republic, which signed up to ACTA on 26 January 2012 along with 20 other EU member states, have decided to freeze the ratification process while awaiting legal advice about areas of the deal that seem to attack civil liberties. At the European Parliament, where the second stage of the battle is being played out, Socialist, Liberal and Green MEPs slam the dangers of a deal that gives right holders too much power to the detriment of ordinary people.
The anti-counterfeiting deal was signed on 26 January 2012 by 22 member states, but Germany, Estonia, Cyprus, the Netherlands and Slovakia all decided to postpone signature for several weeks “for technical reasons”. ACTA is being met by a wave of protest in Europe.
Negotiated behind closed doors (and not as part of the WTO) between 2007 and 2010 by Australia, Canada, South Korea, the United States, Japan, Morocco, New Zealand, Singapore and the EU, ACTA aims to protect intellectual property rights from counterfeiting and illegal downloading (for clothing, medicines and the like) using harmonised international rules. The problem is the impact ACTA will have on civil liberties, because of the burden it places on online suppliers, and the impact it will have on manufacturers of generic medicines.
Under pressure from civil society, following complaints from millions of internet users fearing an attack on internet freedom, Poland and the Czech Republic have decided to freeze the ratification of ACTA while awaiting legal advice. The Czech prime minister, Per Necas, said on 6 February that the Czech government could never tolerate a situation which threatened civil liberties and access to information. Three days earlier, the Polish prime minister, Donald Tusk, announced that Poland was freezing the ratification process after a week of demonstrations in the country, promising to hold broad consultations over the matter.
There is also a very angry wave of anti-ACTA protest in Western Europe and an international protest day is planned on Saturday 11 February, with demonstrations in France, Germany, Italy and, in the East, Bulgaria and Hungary.
At the European Parliament, which is due to comment on ACTA in June 2012, Socialist, Liberal and Green MEPs, approached by NGOs during the talks, are criticising the dangers to fundamental freedoms of the provisions set out in ACTA, which they were unable to examine until recently.
After a debate in their party on 8 February, the Socialists and Democrats (S&D) say they disagree with ACTA and while firmly backing the fight against counterfeiting as harmful to industry, jobs and consumers, in which international cooperation is required, they doubt that ACTA is the best way to achieve this, especially because countries like China and India are not signatories, explained the head of the S&D Group, Hannes Swoboda of Austria, adding that the S&D's main criticism is about the application of copyright on the internet and monitoring online activity. ACTA is too vague and clarification is required about the role of internet service providers before it can come into force, he explained, promising round tables to discuss the impact of the deal and compatibility with EU law. Swoboda said that if MEPs only had the power to yea or nay, but couldn't actually alter the deal, then they would not endorse it.
The details of ACTA will be examined by the European Parliament under the leadership of British S&D MP David Martin, appointed to replace Kader Arif (S&D, France) who resigned from the post, saying on 26 January that he didn't want anything to do with the ACTA charade and criticising the entire process leading up to signature, like the way civil society was excluded, lack of transparency at the talks, ignoring the EP's demands and particularly unscrupulous behaviour by the right wing at the European Parliament to force a vote through very quickly, he explained. The EP's foreign trade committee will discuss ACTA on 29 February and a public hearing will be held on 1 March.
Chief EU negotiator for ACTA, Karel De Gucht, rejected calls earlier in the week for consultations. During a debate with civil society, he was criticised by an activist from the NGO Act-Up, when he said he was unimpressed with the demonstrations by opponents of ACTA. An anti-ACTA petition in Europe has already received more than 2 million signatures. (EH/transl.fl)