[A2k] Brazilian intervention at TRIPS Council: ACTA
thiru at keionline.org
Fri Oct 29 03:46:56 PDT 2010
Brazilian intervention at TRIPS Council: ACTA
Created 29 Oct 2010 - 6:42am
The following statement was delivered by Brazil at this week's TRIPS
TRIPS Enforcement Trends/ACTA – TRIPS Council – Intervention by Brazil
According to press releases circulated in the first week of this
month, the negotiating process of ACTA is virtually concluded.
A few points only would still remain open and those points would not
prevent a final agreement from being reached soon, according to
statements released by authorities from the countries participating in
the ACTA negotiations.
Brazil shares the main thrust of the concerns expressed by other
delegations at the last session of the TRIPS Council and today on the
possible negative impact of ACTA.
Let me give you four reasons why Brazil has a good deal of concern of
its own regarding ACTA. I will confine myself to four reasons. But I
could expand that list much further.
Reason # 1.
ACTA may affect the balance of rights and obligations embodied in the
international intellectual property system between rights holders, on
the one hand, and third parties who are users of protected goods and
services, on the other.
Reason # 2.
Brazil favors multilateralism and multilateral solutions. In
intellectual property matters, multilateral fora that have the
legitimate credentials are the WTO and WIPO, whose deliberations are
not only open to more than 140 member countries, but are also
conducted in as transparent a way as possible, including
representatives from civil society and NGOs.
Reason # 3.
ACTA proposes only one remedy against counterfeiting and piracy, and
that remedy is repression. Repression is necessary. Let there be no
doubt about it. But it is not enough to combat a problem that results
from the interplay of factors that are to be found in different
economic and social realities.
In Brazil, we are also victims of piracy and counterfeiting. We know
from direct experience that repression alone will not be a substitute
for a much-needed integrated approach to dealing with the complexity
of the problem.
Reason # 4.
Specific provisions in the ACTA draft text that was released by the
European Commission on October 6th may be interpreted as creating the
seeds of a new international unit or organization.
Chapter 4 contains elements of international cooperation and capacity
building that are not restricted to ACTA members, but are extensive
also to other international organizations, including from the private
sector, and prospective member countries.
Chapter 5 creates a Secretariat for ACTA.
Chapter 6 foresees that any WTO member country will be allowed to
negotiate its “terms of accession” and become a party to ACTA.
Taken together, chapters 4, 5 and 6 contain, in brief, the necessary
ingredients that may convert ACTA, over time, into a truly
international organization dealing with the enforcement of IP rights,
a development whose impact on WIPO and the WTO, especially on capacity
building and technical assistance, are unpredictable at this stage.
Knowledge Ecology International (KEI)
thiru at keionline.org
Tel: +41 22 791 6727
Mobile: +41 76 508 0997
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