[A2k] FFII supports an ECJ opinion on ACTA

Ante ante at ffii.org
Wed Mar 9 10:51:42 PST 2011


FFII supports an ECJ opinion on ACTA
March 9, 2011
By Ante

On Monday 21 March 2011, the Legal Affairs Committee may vote on a proposal to 
ask the European Court of Justice (ECJ) an opinion on the Anti-Counterfeiting 
Trade Agreement (ACTA). The FFII strongly supports asking the ECJ an opinion. 
Unbalanced enforcement measures may heighten market entrance risks for 
innovators. Startup companies are often confronted with patent minefields. Even 
a mere allegation of infringement may easily lead to market exclusion. Startup 
companies often do not have enough resources to litigate.

A group of prominent European academics published an opinion on ACTA. They 
conclude: “Contrary to the European Commission’s repeated statements and the 
European Parliament’s resolution of 24 November 2010, certain ACTA provisions 
are not entirely compatible with EU law and will directly or indirectly 
require additional action on the EU level.” They invite “the European 
institutions, in particular the European Parliament, and the national 
legislators and governments, to carefully consider the above mentioned points 
and, as long as significant deviations from the EU acquis or serious concerns 
on fundamental rights, data protection, and a fair balance of interests are 
not properly addressed, to withhold consent.”

For the sake of startup companies, enforcement measures beyond current EU 
legislation should be avoided. These “acquis plus” measures did not receive 
democratic scrutiny. It is questionable whether such measures are compatible 
with the Treaties.

vriendelijke groet,


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