[Ip-health] Status of ACTA

James Love jamespackardlove at gmail.com
Thu Nov 4 14:53:16 PDT 2010

As USTR has earlier noted, the October 2, 2010 ACTA next has to go
through a round of cleaning up, as regards the numbering of articles and
maybe the style. 

There is also of course the bracketed footnote 2 regarding the exclusion
of patents in civil enforcement, the remaining "italics" in the text.

Additional discussions may be underway to address outstanding barriers
to the US signing ACTA as a sole executive agreement, which may or may
not involve further changes in the text.  

Apparently there is at least one new (non-public) version of the text
being circulated.  

USTR has told people that they may conclude negotiations with the EU
fairly soon on the outstanding changes, and then see if the newer text
is supported by other federal agencies.

	The EU

I believe that on November 23, the EU Parliament will have the
opportunity to vote on ACTA, in a November II Plenary session in
Strasbourg.  MEPs from different parties are negotiating the content of
one or more resolutions on ACTA right now.  

	The US

The Congressional Research Service has apparently concluded an analysis
of the ACTA text (we don't know the results), and the USPTO was expected
to conclude its analysis this week, to determine if the text is
consistent with US law.  

USTR is doing whatever it can to sign the agreement, despite the
reservations in some quarters that it has overstepped its constitutional
authority.  They may provide the public with a period to review the
final text (sans brackets and italics) before the US formally signs.
USTR does not want to submit the agreement to the Senate for approval.
Whether or not they can pull this off may depend upon how the final text
looks, and what claims USTR can make that the specific provisions in
ACTA are not in fact binding on the US.  


In Australia, DFAT is hosting information sessions on the published ACTA
text on 12 November in Canberra, 18 November in Sydney and 24 November
in Melbourne. 

James Love, Director, Knowledge Ecology International
http://www.keionline.org | http://www.twitter.com/jamie_love
Wk: +1.202.332.2670 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.6584

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