[A2k] Some EU documents on the European Parliament study on ACTA released

Ante ante at ffii.org
Mon Aug 22 07:20:01 PDT 2011

with links

Some EU documents on the European Parliament study on ACTA released
August 22, 2011
By Ante

The European Parliament Register released three documents on the European 
Parliament INTA Committee commissioned study on ACTA. The “Terms of Reference” 
document (pdf), dated 15 November 2010, is the most interesting. We noted 
weaknesses in the EP INTA study on ACTA earlier.

Regarding access to medicine, we noted that the study assesses ACTA’s impact 
on the EU’s domestic market, and assesses how well the EU will meet its 
international obligations on public health. Just meeting our “international 
obligations on public health” is by far not enough. We leave in place, and 
reinforce with ACTA, low-volume high-profit strategies. The study does not 
assess ACTA’s impact on other markets, while that is where most problems 

Did the INTA Committee frame the question too narrow? That does not seem to be 
the case, the “Terms of Reference” document requests: “ACTA and Trade in 
Medicines. Potential impact of ACTA on trade in medicines with particular 
regard to issues concern patents and access to medicines for developing and 
least developed countries. Impact of ACTA on commerce of generic drugs.” The 
authors of the study themselves took a narrow approach.

Regarding Civil liberties, the “Terms of Reference” document is limited to 
impact on civil liberties and privacy rights in the EU: “Potential impact of 
ACTA on civil liberties and privacy rights in the EU. Short presentation of 
the current situation and changes which may be result from the entry into 
force of the Agreement. Potential impact on EU and national legislation, if 
any.” This may explain the study’s shortcomings in this field.

The “Terms of Reference” document requests: “Trade in counterfeit and pirated 
goods: analysis on the basis of sound statistics” We noted earlier that the 
study is uncritical of industry numbers on piracy and counterfeiting, 
uncritical of OECD numbers on piracy and counterfeiting which are based on the 
industry numbers, lacks to incorporate findings from the Hargreaves report and 
the Media Piracy in Emerging Economies study. The study did not deliver on 
sound statistics.

The “Terms of Reference” document requests: “The impact assessment should 
cover an analysis on the on the mid- and long-term costs of a “Non-ACTA-
situation”. Here, specific reference should be made to the TERA study “Building 
a Digital Economy: The Importance of Saving Jobs in the EU’s Creative 

The “Terms of Reference” document does not request an assessment of the effects 
ACTA may have on green innovation and diffusion of green technology, needed to 
fight climate change.

As we have pointed out earlier, more and better impact assessments are needed.

order form (pdf)
acceptance (pdf)
Terms of Reference (pdf)

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