[A2k] ACTA will have deeper impact on Europe than on United States

Ante ante at ffii.org
Sat Sep 4 11:57:51 PDT 2010


ACTA will have deeper impact on Europe than on United States

In the United States, the controversial Anti-Counterfeiting Trade Agreement 
ACTA will be adopted as an "executive agreement", without involvement of 
Congress. This would imply that ACTA can not change U.S. law. In the EU, ACTA 
needs consent of the Parliament. After that, the EU will have to fully 
implement ACTA, and possibly change its internal EU law. To prevent surprises, 
the Commission, Parliament, Council and or Member States of the EU should ask 
the Court of Justice of the European Union to examine whether ACTA is 
compatible with EU law

On Tuesday, August 17, 2010, USTR organized a lunch between ACTA negotiators 
and civil society NGOs. Knowledge Ecology International reported: "At the 
lunch there was discussion among the Australian, Japan, US and Singapore 
negotiators over this issue. Some delegates pointed out that the U.S. had 
spent a lot of time talking about the fact that this was an executive 
agreement, and therefore 'could not' change U.S. law. Therefore, they argued, 
it was understood that ACTA would grandfather in any inconsistency between 
U.S. law and ACTA. People were not so sure how this worked for other countries 
in the negotiations -- including those where the ACTA provisions would clearly 
require changes in national laws, if taken seriously. Some delegates indicated 
that it was hard to understand what ACTA meant, at this point, given the many 
brackets in the text, and a lack of understanding about how the 'general' and 
'high level' provisions of the ACTA would apply to a country's actual laws. 
Other delegates said the issue of exceptions to ACTA obligations, while 
important, had not really been addressed in the negotiations." 

vriendelijke groet,


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