[Ip-health] Re: [A2k] EU TRADE NEWS: Anti-Counterfeiting Trade Agreement (ACTA) - Statement following meeting in Geneva
Robin Gross
robin@ipjustice.org
Fri Jun 6 04:41:31 2008
--
[ Picked text/plain from multipart/alternative ]
A sliver more of info from EU:
EU draft budget for 2009 expects the "conclusion and implementation
of ACTA" in 2009
Draft Budget of the EU Commission for 2009:
http://ec.europa.eu/budget/library/documents/
annual_budgets_reports_accounts/2009/
sec_514_2008_apb_2009_doc_1_2_4_en.pdf
pp. 106-107: Changes for 2009:
"the Commission will bring forward a number of new policy
initiatives, in order to demonstrate that the single market can
deliver concrete results. Amongst the concrete
policy initiatives being put forward in 2009 are the following: ...
=96 Intellectual property rights and patents. The European Council has
given a push to this important area, requiring the Commission to
deliver strategic papers in 2007. New initiatives may be required to
adapt the existing Community acquis to new technological and market
developments with a view to stimulate innovation and to boost
European competitiveness as well as to enhance the fight against
counterfeiting and piracy. Progress in these areas, which would
require significant effort and resources could potentially deliver
major benefits to the EU's services and knowledge-based economy."
P. 129: New Priorities for 2009:
"Thirdly, the Commission will be implementing other aspects of its
global Europe strategy, notably revamped market access strategy,
particularly through the work of Delegations in rolling out a
stronger partnership on the ground with Member States in priority
countries, in addressing procurement issues and access to raw
materials and pursuing the enforcement of intellectual property
protection, including through the conclusion and implementation of a
new Anti-Counterfeiting Trade Agreement with a number of key
developed countries...."
-------
http://europa.eu/bulletin/en/200804/p130008.htm
Treaties, trade agreements and mutual recognition agreements
1.30.8. Draft plurilateral anti-counterfeiting trade agreement.
Negotiating directives adopted by the Council on 14 April.
-----
EU Commissioner Peter Mandelson's remarks on ACTA (11/07):
http://ec.europa.eu/commission_barroso/mandelson/speeches_articles/
sppm182_en.htm
"...Behind every innovative European product, whether it's a fashion
shoe, or a solar panel using new environmental technology or a
medicine or a semiconductor - there is an idea that requires
protection. But every day, in numbers that are getting higher every
year - those ideas are being stolen. That is the main reason why the
EU has recently chosen to spearhead work on a new global pact against
counterfeiting - ACTA, the anti-counterfeiting trade agreement. My
hope is that China will one day be part of the global benchmarking
that ACTA will establish, as it moves to protect the increasing
innovation that is happening here. This isn't just a European
preoccupation, this is a key Chinese interest...."
------------
28 April 2008 EU-Japan Joint Press Stmt:
http://ec.europa.eu/commission_barroso/president/pdf/
statement_20080423_en.pdf
"31. Japan and the EU will continue to strengthen their cooperation
on intellectual property rights (IPR) at both bilateral and
multilateral levels and, as discussed at the recent meetings of the
bilateral IPR dialogues, by implementing the initiative of Japan-EU
Action Plan on IPR Protection and Enforcement including acceleration
of the negotiations on the Anti-Counterfeiting Trade Agreement (ACTA). "
------------
On Jun 5, 2008, at 2:59 AM, Thiru Balasubramaniam wrote:
> Geneva
> 5th June 2008
> Anti-Counterfeiting Trade Agreement (ACTA) - Statement following
> meeting in Geneva
>
> Participants in discussions on the proposed Anti-Counterfeiting Trade
> Agreement (ACTA) met at the U.S. Mission in Geneva June 3-4. This was
> one of a series of meetings through which the participants plan to
> develop different aspects of the agreement.
>
> A number of topics were discussed. The main focus of the discussion
> was border measures, particularly how to deal with large-scale
> intellectual property infringements, which can frequently involve
> criminal elements and pose a threat to public health and safety.
> Participants considered the discussions useful and are satisfied with
> the progress to date.
>
> Participants will continue their substantive work over the coming
> months in a focused manner. They tentatively scheduled their next
> meeting for mid-July, and expect to continue discussions on border
> enforcement while also exploring other areas, such as civil
> enforcement. Participants discussed future engagement with
> stakeholders and agreed to proceed with such engagement at the
> domestic level and to identify opportunities for further engagement in
> the future.
>
> Participants included Australia, Canada, the European Union, Japan,
> Jordan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland,
> the United Arab Emirates, and the United States.
>
> Please see the attached FACT SHEET:
> <<ACTA Fact Sheet 05062008.doc>>
> For more information on EU Trade policy see: http://ec.europa.eu/
> trade/ or contact Peter Power +32 498 98 03 48 or Michael Jennings +32
> 498 98 68 80
>
>
>
> -------
>
>
>
> Brussels
> 5th June 2008
>
> Fact Sheet: Anti-Counterfeiting Trade Agreement
>
> What is ACTA?
> ACTA=92s goal is to provide a high-level international framework that
> strengthens the global enforcement of intellectual property rights and
> helps in the fight to protect consumers from the health and safety
> risks associated with many counterfeit products.
>
> ACTA would contribute to fighting counterfeiting in three ways:
>
> =09=95 Building international cooperation leading to harmonised standards
> and better communication between authorities. This will build on
> coordinated anti-counterfeiting work the EU is already doing with
> large partners like the US and Japan. These standards would then be
> spread to other countries if they wished to sign up to ACTA. The EU
> has proposed transitional mechanisms and technical assistance to help
> advanced developing countries join the pact in the future.
>
> =09=95 Establishing common enforcement practices to promote strong
> intellectual property protection in coordination with right holders
> and trading partners. The EU is consistently pushing countries like
> China to enforce anti-counterfeiting legislation and to toughen the
> legal penalties for intellectual property theft. Closer coordination
> on international benchmarks can reinforce this pressure;
>
> =09=95 Creating a strong modern legal framework which reflects the
> changing nature of intellectual property theft in the global economy,
> including the rise of easy-to-copy digital storage mediums and the
> increasing danger of health threats from counterfeit food and
> pharmaceutical drugs.
>
>
> Recent data on counterfeit goods:
>
> =09=95 OECD estimates that infringements of intellectual property traded
> internationally (excluding domestic production and consumption)
> account for more than =80150 billion per year (higher than the GDP of
> more than 150 countries). According to the OECD counterfeiting and
> piracy undermine innovation, which is key to economic growth.
> =09=95 79 million articles were seized at EU borders in 2007, in over
> 43.000 customs actions.
> =09=95 There was growth in seizures of fakes dangerous to health and
> safety since last year: e.g. cosmetics and personal care products
> (+264%), toys (+98%), foodstuff (+62%), computer equipment (+62%) and
> medicines (+51%) show a remarkable percentage increase. These sectors
> correspond to 23% of the articles seized in 2007.
> =09=95 Fake medicines are reckoned to account for almost 10% of world
> trade in medicines. Most of these fake drugs are headed for the
> world=92s poorest countries.
>
>
>
>
> Background
> An ACTA deal would strengthen efforts to protect and enforce European
> intellectual property around the world, a key part of the Global
> Europe Communication by the European Commission. The European Union is
> also working with countries like China, Russia and others to stop
> widespread and systematic piracy of European companies' intellectual
> assets. The European Commission is also including strong IPR chapters
> in all its new generation of Free Trade Agreements with India, Korea,
> ASEAN and Latin America.
>
> For more information on Global Europe see http://ec.europa.eu/trade/
> issues/sectoral/competitiveness/global_europe_en.htm
>
>
> ACTA F.A.Q.
>
> Question: Why is ACTA needed?
> Answer: The proliferation of intellectual property rights (IPR)
> infringements poses an ever-increasing threat to the sustainable
> development of the world economy. It is a problem with serious
> economic and social consequences. Today, we face a number of new
> challenges: the increase of dangerous counterfeit goods
> (pharmaceuticals, food and drink, cosmetics or toys, car parts); the
> speed and ease of digital reproduction; the growing importance of the
> Internet as a means of distribution; and the sophistication and
> resources of international counterfeiters. All these factors have made
> the problem more pervasive and harder to tackle.
>
> Q: What is the objective?
> A: The goal is to provide a good framework for countries committed to
> solid IPR protection to more effectively combat the challenges of IPR
> infringement today. We envision the ACTA as a leadership agreement,
> setting a positive example for nations that aspire to strengthen IPR
> protection. It is hoped that membership to this agreement will expand
> over time, reflecting the growing international consensus on the need
> for strong IPR enforcement.
>
> Q: Which countries are involved?
> A: A number of economies that consider IPR a key instrument for their
> development and innovation policies have agreed to be part of
> negotiations. The first round of negotiations in Geneva involved:
> Australia, Canada, the European Union, Japan, Jordan, Korea, Mexico,
> Morocco, New Zealand, Singapore, Switzerland, the United Arab
> Emirates, and the United States.
>
> Q: Is this really about ganging up on China and other countries that
> are not part of the group?
> A: No. ACTA is not intended to isolate countries or point the finger
> at their enforcement efforts. The countries involved in this
> initiative share a particular vision of a path to stronger enforcement
> to deal with the challenges of piracy and counterfeiting today. This
> is an inclusive vision which we hope that more countries will embrace
> when they feel the time is right.
>
> Q: Why are you not pursuing this agreement through the G8, WTO, WIPO
> or other formal structure?
> A: We feel that the approach of a free-standing agreement gives us the
> most flexibility to pursue this project among interested countries. We
> fully support the important work of the G8, WTO, and WIPO, all of
> which touch on IPR enforcement. The membership and priorities of those
> organizations simply are not the most conducive to this kind of path
> breaking project.
>
> ------------------------------------------------------------
>
>
> Thiru Balasubramaniam
> Geneva Representative
> Knowledge Ecology International (KEI)
> thiru@keionline.org
>
>
> Tel: +41 22 791 6727
> Mobile: +41 76 508 0997
>
>
>
>
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