[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  
TechDirt (  
http://www.techdirt.com/articles/20110614/23355014703/mexican-senator-drafts-resolution-asking-government-to-reject-acta.shtml)  
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:

CONSIDERATIONS

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  
of ACTA.

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  
the Internet.

We also express our concern to protect the intellectual rights of authors  
and demand to give greater transparency to the negotiations of the  
Agreement.

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  
and privacy.

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  
continue.

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  
ACTA negotiations.

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  
Senate.


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


Cynthia Ho


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