[Ip-health] Mexican Senator Resolution on ACTA - translated
Cynthiamho at gmail.com
Cynthiamho at gmail.com
Tue Jun 21 09:28:33 PDT 2011
Through the help of various folks, including my Spanish-speaking librarian
at Loyola-Chicago, I was able to get an MS Word copy of the pdf posted on
previously on the list.
What follows below is what I got from running the MS Word copy through
Google translate in case others are interested:
PROPOSITION IN ACCORDANCE WITH THAT CALLS FOR THE HOLDER OF THE FEDERAL
EXECUTIVE TO INSTRUCT THE DEPARTMENTS AND AGENCIES TRADE NEGOTIATIONS ANTI
COUNTERFEITING (ACTA), NOT TO MAKE A DECISION REGARDING THE SIGNING OF THE
AGREEMENT, AS NO EXPIRATION PUBLIC CONSULTATIONS PLURAL WORKING GROUP TO
FOLLOW SUCH NEGOTIATIONS DA FORM IN THE SENATE OF THE REPUBLIC
The undersigned, Francisco Javier Castellón Fonseca, Senator H. LXI
Legislature Congress, based on the provisions of Articles 8, paragraph 1,
section II and 276, paragraphs 1 and 2, and other applicable provisions of
the Senate, I submit for the consideration of this Honorable Assembly, the
following proposition Point Agreement which calls upon the Federal
Executive Power to instruct the ministries and agencies negotiating the
Anti Counterfeiting Trade Agreement (ACTA), not to take a decision on the
signing of the Agreement pending completion of public consultations Plural
Working Group to follow up on these negotiations made in the Senate, the
tenor of the following:
FIRST. In early 2010, thanks to several comments that were posted on the
Internet and social networks, as well as warnings of citizens and scholars
interested in the issue, lawmakers found out that since October 2007, the
government Mexico was, along with the governments of Australia, Canada,
Korea, Japan, Morocco, New Zealand, Singapore, Switzerland, USA and
European Union representatives, negotiating the Anti Counterfeiting Trade
Agreement (Anti Counterfeiting Trade Agreement, ACTA).
In those days we also learn that in the ACT, among other things, is
intended to set new standards for the protection of intellectual property
rights in order to combat the growth of trade in counterfeit and pirated
goods through international cooperation, the establishment best practices
for enforcement and the creation of an effective legal framework to combat
piracy and counterfeiting.
Coupled with this lack of information, hundreds of citizens using the
Internet began to reject the ACT because, in addition to questioning the
lack of transparency, there was speculation that one of its chapters, to
bring down piracy was to regulate the network as The hypothesis was that it
represented, quite rightly, a threat to freedom of expression.
SECOND. In response to this social rejection, the Ministry of Economy,
responsible for leading the negotiations for our country, only managed to
issue a brief statement in which he recounted the conclusion of the seventh
round of negotiations and the holding of the next to be held in New Zealand
in April 2010.
In that statement, the Ministry of Economy stated that the discussions in
the seventh round had focused on civil enforcement, border enforcement and
application of rights in the digital environment. Also mentioned the
importance of public participation to generate new opportunities and
collectively improve transparency.
However, the opacity and lack of transparency still surrounding the issue
THIRD. Therefore, senators and senators from all parliamentary groups
concerned about this situation, we present various points of agreement,
which, with further dictaminación asking the Ministry of Economy, the
Ministry of Foreign Affairs, the Mexican Institute of Industrial Property
Industrial, National Institute of Copyright, the Attorney General's Office,
and all the agencies involved in the negotiation of ACTA, a detailed report
on the contents of the draft text of the Agreement. Similarly, it is
requested that the negotiating text was made available to the public.
In addition, we rely on the Law on the Adoption of International Economic
Treaties which empowers the Senate to be informed by the Secretaries of
State and any agency of the Federal Public Administration to represent
Mexico on the start of formal negotiations of an international treaty.
FOURTH. In the same vein, in March 2010 appeared before the Senate
Secretary of Finance and the Director General of the Mexican Institute of
Industrial Property (IMPI).
On that occasion, question government officials on the progress of
negotiations on the Anti Counterfeiting Trade Agreement, focusing on the
constraints faced in the digital environment issue and concerns about
possible judicial intervention would violate the privacy communications via
We also express our concern to protect the intellectual rights of authors
and demand to give greater transparency to the negotiations of the
FIFTH. Later, due to the importance and interest was gradually gaining the
issue of ACT in the Senate of the Republic, formed a Working Group Plural
to monitor the process of negotiations Anti Counterfeiting Trade Agreement,
in order assist in the transparency of the multilateral negotiations and
ensure that this Agreement is found under the guarantees and fundamental
rights that our Constitution provides.
Plural Group consists of Senators and Senators of all the parliamentary
groups would be responsible for conducting public forums and consultations
with officials, academics, experts and civil society to build a position,
an agenda and an alternate route to the Trade Agreement as well as develop
and initiate legislation related to the Internet, intellectual property
rights and copyright, and freedom of expression and rights to information
SIXTH. On November 23, 2010, the Group was formally installed Plural and
began its work by adopting its agenda and meeting schedule.
From this date, and during the months of February, March and April, Plural
Group, which tracks the ACTA negotiations held fruitful meetings in which
they heard and discussed with citizens and civil society representatives,
with researchers and academics, representatives of the private sector, the
industrial chambers and business organizations, and members of the public
sector. We are expecting that in the coming months to conduct another
meeting to hear from more people interested in the subject and the last
one, the conclusions.
SEVENTH. Through these meetings, who formed the Working Group Plural we
have come to realize that all stakeholders in the ACT are subject please
review important topics such as copyright in the digital environment, but
no consensus in relation to the way how it should be regulated.
These meetings have made clear that we can not regulate a network like the
Internet. Similarly, through them we are committed to respect the rights
that users of the network, as we are aware that a violation of such rights
would go against our Constitution.
Those who are part of this Working Group Plural We have been thoroughly
reviewing the ACT, for we must ensure that it will guarantee the economic
rights of creativity, but also the right to knowledge dissemination and
sharing of culture. We are also reviewing the implications of an agreement
of this nature would bring to the economic, social, political and cultural
life of our country.
EIGHTH. According to a (supposed) "final version" of the Anti
Counterfeiting Trade Agreement, on which there is no certainty yet as the
government of Mexico has not confirmed, provided that the Agreement was
open for signature by the negotiating countries and that Article 39
provides that the deadline for signing runs from 1 May 2011 to 1 May 2013.
Notably, the Federal Government has not reported anything about this
supposed "latest version" the Senate, so the questions and speculation
NINTH. For these reasons, I consider relevant, through the Standing
Committee of the H. Congress, they urge the Federal Executive Power to
instruct the ministries and agencies involved in negotiating the Anti
Counterfeiting Trade Agreement (ACTA), not to take a decision regarding the
signing of the agreement, pending completion of public consultations being
carried out by the Working Group Plural Senate.
To this we can add that there is no consensus among all actors and sectors
involved in the issue and the lack of transparency that has surrounded the
TENTH. It is dangerous that the record is considered as a crime the
transmission of documents, excerpts from books or songs online because in
this way would criminalize many network users who see it as a means of
recreation, exchange, coexistence and learning.
Finally, it regrettable that the Mexican government signed the Anti
Counterfeiting Trade Agreement while still missing more meetings of the
Working Group Plural in the Senate is reviewing the matter and in the
coming months will be able to issue its findings on this very important
process for the country.
For the foregoing reasons and based, I submit for consideration by the
Standing Committee of the H. Congress, the following propositions:
POINT OF AGREEMENT
UNIQUE. The Permanent Commission of H. Congress, respectfully urges the
Federal Executive Power for the scope of its powers, instruct the
ministries and agencies involved in negotiating the Anti Counterfeiting
Trade Agreement (ACTA), not to take a decision regarding the signing of the
agreement, pending completion of public consultations being carried out
Plural Working Group which tracks the ACTA negotiations process in the
SEN. FRANCISCO JAVIER FONSECA CASTELLÓN
Given in the Hall of Sessions of the Standing Committee of the H. Congress,
on the fifteenth day of the month
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