#ACTA - The Government loves it

This briefing has just come through from HMG about the upcoming vote on the ACTA.

1.      UK views

·         The UK supports ACTA because we believe it will help to stem the flow of counterfeit and pirated goods.  We signed the agreement on 26 January.

·         ACTA is about tackling large-scale infringement activities pursued by criminal organisations, which frequently pose a threat to public health and safety. It is not about limiting civil liberties or harassing consumers.

·         The UK position has been clear throughout: that ACTA should not require the introduction of any new legislation in the EU and that it should reflect the acquis communutaire. We believe that the final agreement is fully consistent and in line with existing EU law.

2.      European Parliament consideration

The INTA committee is responsible for producing the EP report and the first discussion is expected shortly.  The EP has the power of consent over the agreement.

3.      Points for debate

·         Innovation and creativity have been identified as areas of economic importance for the EU and the UK. Adequate protection and enforcement of IPRs is a key component in helping innovative and creative industries to thrive. 

·         Counterfeiting and piracy of intellectual property rights is a major global issue.  A 2005 report by the Organisation for Economic Cooperation and Development (OECD) calculated  the value of trade in counterfeit and pirated goods at $250bn (£162bn), approximately 2% of all global trade.  Criminal organisations involved in counterfeiting and piracy are often the same that commit drug trafficking or money laundering.

·         ACTA will provide EU and UK industry and creators with better protection on overseas markets, which is essential for business to thrive, to encourage innovation and increase consumer protection. The benefits to business include:

o        the potential reduction in counterfeit goods flowing into the UK;

o        strengthened IPR systems abroad, based on foreign nations adjusting their IPR framework to coincide with that in the UK and EU; and,

o        improved collaboration in tracking the international flow of counterfeit goods.

·         ACTA has been criticised for its perceived impact on individual citizens.  However, ACTA is about tackling large-scale infringement activities pursued by criminal organisations. It aims to improve the enforcement of existing IPR laws, not create new ones.  There will be no substantive change to UK or EU law in order to comply with ACTA.

UKIP will oppose, while the Tories, Labour and the Lib Dems decided it was not worth discussing,

ACTA was nodded through the UK Commons, via the "European Scrutiny Committee" without a debate or vote.

On the 7th September 2011 there were "22 Documents not raising questions of sufficient legal or political importance to warrant a substantive report to the House" on that committee.

Two of those documents were the final proposals for ACTA as follows:

"Draft 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 Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America."
- see reference number "12193"

and

"Draft Council Decision on the signing, on behalf of the European Union of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America."
- see reference number "12190"

Oh those lovers of freedom