[A2k] Zeropaid: ACTA Negotiations to Continue Next Week
Malini Aisola
malini.aisola@keionline.org
Thu Jul 24 16:57:01 2008
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http://www.zeropaid.com/news/9645/ACTA+Negotiations+to+Continue+Next+Week
ACTA Negotiations to Continue Next Week
by Drew Wilson
The Anti Counterfeiting Trade Agreement known for being a 'Pirate Bay
Killer' trade agreement is scheduled to be negotiated further next week.
While ACTA is known for many things (most of which negative) it's, above
all, known to be very secretive.
We reported on ACTA about two months ago when it made its first
appearance as a 'Pirate Bay Killer' agreement. At the time, the
agreement had to be leaked online before any real transparency could be
established.
For American corporate interests, it is effectively another way to stop
The Pirate Bay's operations. For Canadians, it meant being digitally
searched at the border for copyright infringement (in spite of
politicians saying otherwise in light of the copyright reform
controversy). It seems that ACTA is saying that, for Australians, it's a
means to strengthen the Australian border against copyright infringement.
Australia is known for having extremely tight laws with regards to
border traffic - especially issues related to the drug trade. It may
lead some to wonder if there is hope by some lobby interests to have the
same thing with regards to intellectual property. Would it be as strict
as what is feared in Canada of effectively having your iPod or laptop
searched? Not much is known about that at this time of course. From the
ACTA page:
Border Measures
* Issues related to extending the Customs Application for Suspension
Scheme as required under TRIPS.
* Issues related to Customs searches of material which infringes IP
rights without notification from the right owner.
* Issues related to targeting material which infringes IP rights
which is being exported from Australia, or being moved in-transit
through Australia.
* Issues related to strengthening border measures as a key element
of reducing the international trade in material which infringes IP rights.
Civil Enforcement
* Issues related to the incorporation of a system of pre-established
or statutory damages in IP matters
* Issues related to the incorporation of a statutory formula or
presumptions for the calculation of damages in IP matters.
* Issues related to the incorporation of a statutory formula for the
calculation of account of profits in IP matters.
Institutional Issues
* Issues related to the establishment of a new institution to
address the international trade in IP infringing material.
One may read their agenda and think that it is only related to physical
piracy, but as many know, physical piracy is only one of the things
being targeted in this agreement. Though, if the demands by the
Recording Industry Association of America (RIAA) are anything to go by,
physical piracy might end up being merely a moral cover for what is
really going on.
Negotiations are expected to continue July 29-31st. DFAT, the
organization behind this agreement is offering to withhold submissions
from the public. Here's hoping another leak isn't necessary to find out
what is going on, but one shouldn't hold their breath considering what
happened the last time.
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Malini Aisola
Knowledge Ecology International
1621 Connecticut Ave., NW, Washington, DC 20009 USA
Tel.: +1.202.332.2670 Fax: +1.202.332.2673