[Ip-health] EP Development committee ACTA vote on 14 May

Mohga Kamal-Yanni mkamalyanni at Oxfam.org.uk
Fri May 4 01:29:58 PDT 2012

Is this the committee that is meant to look after development issues as in 
human development or the development of big companies?

Best wishes 
Mohga - 
Dr. Mohga M Kamal-Yanni
Senior health & HIV policy advisor
Oxfam GB
John Smith Drive, Oxford, OX4 2 JY
Tel               +44(0) 1865 472290
UK Mobile   + 44 (0)777 62 55 884
Skype    Mohga Kamal-Yanni

From:   Ante <ante at ffii.org>
To:     ip-health at lists.keionline.org
Date:   04/05/2012 09:00
Subject:        [Ip-health] EP Development committee ACTA vote on 14 May
Sent by:        ip-health-bounces at lists.keionline.org

EP Development committee ACTA vote on 14 May
with links

May 3, 2012
By Ante

May 14th, the European Parliament Development committee (DEVE) will vote 
ACTA. (Agenda, point 13) The committee?s ACTA rapporteur, Mr Zahradil, 
wrote a 
new version of his draft opinion. The draft calls on the Committee on 
International Trade, as the committee responsible, to propose that 
give its consent.

Non of the serious objections against ACTA made the draft opinion. See for 

instance our 23th Januari letter to the DEVE committee and KEI: What?s 
wrong with ACTA, and why governments should reject the illegitimate 

The deadline for amendments (consent or rejection) is set for the 8th May 

The draft:

2011/0167 (NLE)
of the Committee on Development
for the Committee on International Trade

on the proposal for a Council decision on the conclusion of the Anti-
Counterfeiting Trade Agreement between the European Union and its Member 
States, Australia, Canada, Japan, the Republic of Korea, the United 
States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, 
Swiss Confederation and the United States of America

(COM(2011)0380 ? C7?0027/2012 ? 2011/0167(NLE))
Rapporteur: Jan Zahradil


The defence of intellectual property rights and active combating of 
counterfeiting are essential for development, as protection of 
property safeguards and encourages creation, innovation and 
makes it possible for a business to grow and creates wealth.

The conclusion of negotiations on the Anti-Counterfeiting Trade Agreement 
(ACTA) provides a WTO-plus legal framework in addition to the TRIPS 
against counterfeiting, piracy and a broad range of IPR infringements by 
establishing common rules on civil and criminal enforcement and on customs 

procedures for ACTA Parties1.

Furthermore ACTA membership is not exclusive and additional Parties, 
developing and emerging countries, may join, thus promoting widespread IPR 

protection and enhancing the fight against counterfeiting and piracy 
worldwide. In the future, ACTA could potentially attain a multilateral 
as part of the WTO or WIPO (World Intellectual Property Organization).

Furthermore the Commission made a public commitment not to impose ACTA 
provisions on third countries through their incorporation in free trade 
agreements and Economic Partnership Agreements.

The Commission has ensured that ACTA provisions comply with the Union 
and that nothing in ACTA contradicts the obligations between parties under 

existing agreements, including the TRIPS Agreement2.

Legitimate trade in generic medicines is essential to the development of 
public health worldwide, and especially in developing countries. The 
appreciates the unequivocal language of ACTA provisions which safeguard 
to public health and recognises the principles enshrined in the Doha 
Declaration on the TRIPS Agreement and Public Health3.

The Commission in its written answer on ACTA and access to medicine4, 
that ACTA will not serve as a basis to interfere with access to medicine 
in particular with trade in generic medicines, and that there will be no 
obligation to apply border controls and criminal enforcement provisions to 

suspected patent infringements on medicines for countries dependent on 
imported pharmaceuticals.

The Committee on Development calls on the Committee on International 
Trade, as 
the committee responsible, to propose that Parliament give its consent.

1 ACTA negotiations were concluded on 15 November 2010 and the initialling 

took place on 25 November 2010 after 11 rounds of negotiations between 
Australia, Canada, the EU, Japan, South-Korea, Mexico, Morocco, New 
Singapore, Switzerland and the USA.

2 See also Article 1in Section 1 of Chapter I of ACTA.

3 The Doha Declaration on the TRIPS Agreement and Public Health was 
adopted on 
14 November 2001 at the Fourth WTO Ministerial Conference;

4 Commissioner De Gucht, written answer to the European Parliament, 
EN, (14.12.2010)
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