[A2k] EP Development committee ACTA vote on 14 May
ante at ffii.org
Thu May 3 15:14:10 PDT 2012
EP Development committee ACTA vote on 14 May
May 3, 2012
May 14th, the European Parliament Development committee (DEVE) will vote on
ACTA. (Agenda, point 13) The committee’s ACTA rapporteur, Mr Zahradil, wrote a
new version of his draft opinion. The draft calls on the Committee on
International Trade, as the committee responsible, to propose that Parliament
give its consent.
Non of the serious objections against ACTA made the draft opinion. See for
instance our 23th Januari letter to the DEVE committee and KEI: What’s (still)
wrong with ACTA, and why governments should reject the illegitimate agreement.
The deadline for amendments (consent or rejection) is set for the 8th May at
of the Committee on Development
for the Committee on International Trade
on the proposal for a Council decision on the conclusion of the Anti-
Counterfeiting Trade Agreement between the European Union and its Member
States, Australia, Canada, Japan, the Republic of Korea, the United Mexican
States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the
Swiss Confederation and the United States of America
(COM(2011)0380 – C7‑0027/2012 – 2011/0167(NLE))
Rapporteur: Jan Zahradil
The defence of intellectual property rights and active combating of
counterfeiting are essential for development, as protection of intellectual
property safeguards and encourages creation, innovation and entrepreneurship,
makes it possible for a business to grow and creates wealth.
The conclusion of negotiations on the Anti-Counterfeiting Trade Agreement
(ACTA) provides a WTO-plus legal framework in addition to the TRIPS Agreement,
against counterfeiting, piracy and a broad range of IPR infringements by
establishing common rules on civil and criminal enforcement and on customs
procedures for ACTA Parties1.
Furthermore ACTA membership is not exclusive and additional Parties, including
developing and emerging countries, may join, thus promoting widespread IPR
protection and enhancing the fight against counterfeiting and piracy
worldwide. In the future, ACTA could potentially attain a multilateral level
as part of the WTO or WIPO (World Intellectual Property Organization).
Furthermore the Commission made a public commitment not to impose ACTA
provisions on third countries through their incorporation in free trade
agreements and Economic Partnership Agreements.
The Commission has ensured that ACTA provisions comply with the Union acquis
and that nothing in ACTA contradicts the obligations between parties under
existing agreements, including the TRIPS Agreement2.
Legitimate trade in generic medicines is essential to the development of
public health worldwide, and especially in developing countries. The Committee
appreciates the unequivocal language of ACTA provisions which safeguard access
to public health and recognises the principles enshrined in the Doha
Declaration on the TRIPS Agreement and Public Health3.
The Commission in its written answer on ACTA and access to medicine4, stated
that ACTA will not serve as a basis to interfere with access to medicine and,
in particular with trade in generic medicines, and that there will be no
obligation to apply border controls and criminal enforcement provisions to
suspected patent infringements on medicines for countries dependent on
The Committee on Development calls on the Committee on International Trade, as
the committee responsible, to propose that Parliament give its consent.
1 ACTA negotiations were concluded on 15 November 2010 and the initialling
took place on 25 November 2010 after 11 rounds of negotiations between
Australia, Canada, the EU, Japan, South-Korea, Mexico, Morocco, New Zealand,
Singapore, Switzerland and the USA.
2 See also Article 1in Section 1 of Chapter I of ACTA.
3 The Doha Declaration on the TRIPS Agreement and Public Health was adopted on
14 November 2001 at the Fourth WTO Ministerial Conference;
4 Commissioner De Gucht, written answer to the European Parliament, P-9346/10
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