[A2k] Brazilian intervention at TRIPS Council: ACTA

Thiru Balasubramaniam thiru at keionline.org
Fri Oct 29 03:46:56 PDT 2010


http://keionline.org/node/999

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Brazilian intervention at TRIPS Council: ACTA

Created 29 Oct 2010 - 6:42am
The following statement was delivered by Brazil at this week's TRIPS  
Council.

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.

Thank you.


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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru at keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997








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