ACTA, an agreement with Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States, is aimed at establishing an international framework to improve the enforcement of intellectual property right laws and create improved international standards for actions against large-scale infringements of intellectual property. In general I support that aim, for instance to try and curb drug counterfeiting which can kill people and in order to safeguard legitimate investment and innovation.
But along with my group, the Alliance of Liberals and Democrats in Europe (ALDE), I have had serious concerns about ACTA’s implications for privacy and freedom. During all the negotiations on ACTA, ALDE group has been at the forefront calling for transparency and tabled a resolution in September 2010 asking the Commission for all relevant studies and impact assessments before signing the agreement. ALDE colleagues have sponsored many of the Parliamentary questions on this matter, a compilation of which can be found here.
Negotiations were finalised in November 2010 and the relevant parties are now in the process of ratifying theAgreement through their internal procedures. In the EU this means that both the European Parliament and the Council of Ministers must give their approval. The Council adopted a decision on December 17th authorising the signature of ACTA, and the text now passes to the European Parliament for ratification. The International Trade Committee (INTA) and the Legal Affairs Committee (JURI) have already asked the Parliament’s Legal Services for advice on the agreement, and then the INTA Committee will produce a report with input in the form of opinions from the Development Committee (DEVE), the Industry, Research and Energy Committee (ITRE) and the JURI Committee.
On 24 November 2010 the European Parliament adopted a Resolution in which we called on the Commission to confirm that ACTA’s implementation will have no impact on fundamental rights and data protection. MEPs welcomed the Commission’s confirmation that the ACTA provisions will be fully in line with EU law and that neither personal searches nor the so-called ‘three strikes and out’ procedure will be introduced. The Parliament also emphasised that any decision taken by the Commission as part of the ACTA Committee must not unilaterally change the agreement’s content, and that therefore any proposed change must be approved by the Parliament and the Council.
ALDE will finalise its decision on whether to support the agreement or not once the legal advice and INTA committee report are available and only if concerns about interference with internet freedoms and other civil liberties can be assuaged.