[Ip-health] Handout: Studies and Opinions on ACTA

Ante ante at ffii.org
Sat Feb 11 00:28:31 PST 2012

Studies and Opinions on ACTA

February 11, 2012
By Ante

Today there will be over 200 demonstrations against ACTA in Europe. I made a 
one page handout that lists studies and opinions on ACTA: 

Below a version with more quotes:

Opinion of European Academics on ACTA: “Contrary to the European Commission’s 
repeated statements and the European Parliament’s resolution of 24 November 
2010, certain ACTA provisions are not entirely compatible with EU law and will 
directly or indirectly require additional action on the EU level.” They invite 
“the European institutions, in particular the European Parliament, and the 
national legislators and governments, to carefully consider the above 
mentioned points and, as long as significant deviations from the EU acquis or 
serious concerns on fundamental rights, data protection, and a fair balance of 
interests are not properly addressed, to withhold consent.”

Opinion of European Academics on ACTA http://www.iri.uni-

Douwe Korff & Ian Brown: “Overall, ACTA tilts the balance of IPR protection 
manifestly unfairly towards one group of beneficiaries of the right to 
property, IP right holders, and unfairly against others. It equally 
disproportionately interferes with a range of other fundamental rights, and 
provides or allows for the determination of such rights in procedures that 
fail to allow for the taking into account of the different, competing 
interests, but rather, stack all the weight at one end. This makes the entire 
Agreement, in our opinion, incompatible with fundamental European human rights 
instruments and -standards.”

Douwe Korff & Ian Brown, Opinion on the compatibility of the Anti-
Counterfeiting Trade Agreement (ACTA) with the European Convention on Human 
Rights & the EU Charter of Fundamental Rights, 2011 http://rfc.act-on-

European Parliament study: “for those European Parliamentarians for whom 
conformity with the EU Acquis is sine qua non for granting consent, this study 
cannot recommend that they provide such consent to ACTA as it now stands.”

European Parliament study

Media Piracy in Emerging Economies: “The failure to ask broader questions 
about the structural determinants of piracy and the larger purposes of 
enforcement imposes intellectual, policy, and ultimately social costs. These 
are particularly high, we would argue, in the context of ambitious new 
proposals for national and international enforcement—notably ACTA, the Anti-
Counterfeiting Trade Agreement recently finalized by the United States, the 
European Commission, and a handful of other countries.”

Media Piracy in Emerging Economies, edited by Joe Karaganis 

Sean Flynn with Bijan Madhani “In doing so, it increases the risks and 
consequences of wrongful searches, seizures, lawsuits and other enforcement 
actions for those relying on intellectual property limitations and exceptions 
to access markets, including the suppliers of legitimate generic medicines. 
This, in turn, is likely to make affordable medicines more scarce and dear in 
many countries.”

Sean Flynn with Bijan Madhani, ACTA and Access to Medicines http://rfc.act-on-

Opinion of the European Data Protection Supervisor on the current negotiations 
by the European Union of an Anti-Counterfeiting Trade Agreement, paragraph 44 

Oxfam Statement regarding ACTA and Public Health 

Public Citizen http://www.citizen.org/documents/Letter-to-Members-of-the-

ARTICLE 19 http://www.article19.org/resources.php/resource/2901/en/european-

Sakharov price winners on ACTA

European Economic and Social Committee

Amnesty International: “EU urged to reject international anti-counterfeiting 

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