[Ip-health] EP Legal Affairs Committee newsletter very positive about ACTA
ante at ffii.org
Fri Dec 16 03:03:55 PST 2011
EP Legal Affairs Committee newsletter very positive about ACTA
December 16, 2011
The JURI Report, the newsletter of the European Parliament Legal Affairs
Committee, is a very positive about ACTA.
"Thus, it will provide benefits for EU exporting right holders operating in the
global market who currently suffer systematic and widespread infringements of
their copyrights, trademarks, patents, designs and geographical indications
Not a word about all the civil society and academic criticism on ACTA. The
critical European Parliament INTA study is not mentioned.
The report probably reflects the views of rapporteur Marielle Gallo, MEP, who
will write the Legal Affairs committee Opinion on ACTA.
The Committee will discuss ACTA on 20 December 2011, 10.00 – 12.30
A stream will be available here.
The Report on ACTA:
Further to the adoption of the negotiating directives by the Council on 14
April 2008, negotiations on the Anti-Counterfeiting Trade Agreement between
the EU and its Member States, Australia, Canada, Japan, the Republic of Korea,
Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA (ACTA) were
launched on 3 June 2008. The agreement was concluded on 15 November 2010 and
the text was initialled on 25 November, after 11 rounds of negotiations. The
current proposal concerns the Parliament’s consent to the conclusion of ACTA
by the Council on behalf of the EU.
The EU Member States were kept informed of the negotiations orally and in
writing. The European Parliament has been kept informed on developments via
its Committee on International Trade (INTA) and by Commissioner Karl De Gucht
in three plenary debates in 2010. On 24 November 2010, the European Parliament
adopted a Resolution supporting ACTA.
ACTA aims to establish a comprehensive international framework that will
assist the EU in its efforts effectively to combat infringements of intellectual
property rights (IPR), which undermine legitimate trade and the EU’s
competitiveness with negative repercussions on growth and jobs.
Although ACTA does not aim at modifying the EU acquis it will introduce a new
international standard, building upon the World Trade Organisation’s TRIPS
Agreement (adopted in 1994). Thus, it will provide benefits for EU exporting
right holders operating in the global market who currently suffer systematic
and widespread infringements of their copyrights, trademarks, patents, designs
and geographical indications abroad.
ACTA contains a number of provisions on criminal enforcement that fall within
the scope of Article 83(2) TFEU. Those parts of the agreement, in
contradistinction to those parts falling under Article 207, fall under the
area of shared competences (Article 2(2) TFEU). Where a matter falls under
shared competence either the European Union or Member States may legislate and
adopt legally binding acts.
The Commission’s position as regards ACTA and Article 83(2) TFEU is without
prejudice to the position of the Commission on the future exercise by the EU
of the shared competences foreseen by Article 83(2) TFEU as regards other
Regarding the signature and conclusion of ACTA, the Commission has opted not
to propose that the European Union exercise its potential competence in the
area of criminal enforcement pursuant to Article 83(2) TFEU. The Commission
considers this appropriate because it has never been the intention, as regards
the negotiation of ACTA, to modify the EU acquis or to harmonise EU
legislation as regards criminal enforcement of intellectual property rights.
For this reason, the Commission proposes that ACTA be signed and concluded
both by the EU and by all the Member States.
The Parliament’s Legal Service has been requested by the INTA and JURI
committees to provide legal opinions on ACTA.
At this meeting the committee will hold a first exchange of views with the
rapporteur Marielle Gallo taking the lead in the debate.
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