[A2k] [ffii] Secret criminal measures in EU - South Korea trade agreement

[Ante]

PRESS RELEASE -- [ Europe / Economy / Innovation ]

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=A0 Secret criminal measures in EU - South Korea trade agreement
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Brussels, 21 September 2009 -- The EU and South Korea plan to initial a Fre=
e
Trade Agreement in October. The trade agreement includes civil, border and
criminal measures on the enforcement of copyright, trade mark rights, paten=
ts
and other exclusive rights. The text of the agreement is secret.

In the Netherlands, Vrijschrift.org last week asked the parliamentary
Commission on Subsidiarity to investigate the EU - South Korea trade
agreement. In 2006, this commission gained fame with its negative advice on
the EU Criminal measures intellectual property directive proposal (IPRED2).
Subsequently, both chambers of Dutch parliament agreed with the advice
unanimously, and sent a letter to then EU Commissioner Frattini, with
translated copies to the other national parliaments of the EU. IPRED 2 is n=
ow
permanently stuck in the EU Council.

FFII analyst Ante Wessels comments: "Decisions on substantive and formal
criminal law have always been deemed especially sensitive for the ability o=
f a
constitutional state to democratically shape itself. Hence the opposition
against EU criminal law. It is rather shocking that criminal measures are n=
ow
secretly put in trade agreements. And the secretiveness of the EU - South
Korea trade agreement makes it impossible to assess its effects on access t=
o
the Internet, software and medicine, too."

The member states of the EU have vetoes on criminal measures. The articles
relating to trade in services fall within the shared competence of the
Community and its member states. The agreement has to be concluded jointly =
by
the Community and the member states.

Ante Wessels adds: "The governments keep the national parliaments uninforme=
d.
To gain influence, parliaments have to first force transparency. They can d=
o so
by making parliamentary scrutiny reservations. Then the government can't go
ahead before the parliament is informed and makes a decision."


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Links
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* "South Korea and the European Union (EU) will initial their bilateral fre=
e
  trade agreement (FTA) in October"
  http://www.bilaterals.org/article.php3?id_article=3D15882

* Council documents, mostly secret:
http://register.consilium.europa.eu/servlet/driver?page=3DResult&lang=3DEN&=
ssf=3DDATE_DOCUMENT+DESC&fc=3DREGAISEN&srm=3D25&md=3D400&typ=3DSimple&cmsid=
=3D638&ff_TITRE=3DFree+Trade+Agreement+with+Korea&ff_FT_TEXT=3D&ff_SOUS_COT=
E_MATIERE=3D&dd_DATE_REUNION=3D
  or http://preview.tinyurl.com/n7lzvb

* Vrijschrift letter (in Dutch)
  http://people.vrijschrift.org/~ante/korea/Vrijschrift-
Com_Subsidiariteit-09-09-16.pdf

* FFII information page on EU - South Korea trade agreement with more
  information on vetoes:
  http://action.ffii.org/acta/fta

* TransAtlantic Consumer Dialogue (TACD), Resolution on the enforcement of
  copyright, trademarks, patents and other intellectual property rights.
  http://www.tacd-ip.org/blog/2009/06/18/tacd-issues-resolution-on-iprs-
enforcement/

* NGO Letter to USTR on transparency:
  http://keionline.org/content/view/246/1

* European Commission page:
  http://ec.europa.eu/trade/issues/bilateral/countries/korea/index_en.htm

* Permanent link to this press release:
  http://press.ffii.org/Press_releases/Secret_criminal_measures_in_EU_-
_South_Korea_trade_agreement


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Contact
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Ante Wessels
+ 31 6 100 99 063
ante@ffii.org
(Dutch/English)

Benjamin Henrion
FFII Brussels
+32-2-414 84 03
+32-484-566109
bhenrion@ffii.org
(French/English)


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About the FFII
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The FFII is a not-for-profit association active in over fifty countries,
dedicated to the development of information goods for the public benefit,
based on copyright, free competition, and open standards. More than 1000
members, 3,500 companies and 100,000 supporters have entrusted the FFII to =
act
as their voice in public policy questions concerning exclusion rights in da=
ta
processing.





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-------------------------------------------------------
--
vriendelijke groet,
cordialmente,

Ante