a new global standard for copyright.... written by those with the biggest portfolio and the Mickey Mouse Protection Act.
---------- Forwarded message ---------- From: Wikileaks Press Office press@wikileaks.org Date: Thu, Jul 31, 2008 at 11:00 PM Subject: [WL-Volunteers] [WL-News] ACTA trade agreement brief for July 29-31 Washington DC To: volunteers@lists.wikileaks.org Cc: Wikileaks News Releases news@lists.sunshinepress.org
WIKILEAKS URGENT DOCUMENT RELEASE Tue Jul 29 10:53:25 BST 2008
ACTA trade agreement industry negotiating brief on Border Measures and Civil Enforcement
The ACTA negotiations are scheduled for 29 to 31 July 2008 in Washington DC.
In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for copyright, trademark and patent enforcement, which was called, in a piece of brilliant marketing, the "Anti-Counterfeiting Trade Agreement".
ACTA is spearheaded by the United States, and includes the European Commission, Japan, and Switzerland -- which have large copyright and patent industries. Other countries invited to participate in ACTA's negotiation process are Canada, Australia, Korea, Mexico and New Zealand. Noticeably absent from ACTA's negotiations are leaders from developing countries who hold national policy priorities that differ from the international copyright and patent industry.
This document is the ACTA negotiating brief dated July 29, 2008, provided by the copyright/patent/trademark industry to negotiating countries; pages concerning customs enforcement and civil enforcement.
Under customs enforcement for example it proposes:
* Increased inspection of goods to detect potential shipments * Customs to provide rights holders all relevant information for the purposes of their own private investigations and court action they are to be given a minimum of 20 working days to commence such actions. * Seized counterfeit goods are to be destroyed or disposed at the rights holders pleasure. Removing a trademark will not cut it. * Under civil enforcement rights holders will have more say on the damages involved as well as more compensation to cover their legal enforcement costs including "reasonable attorney's fees";. * Rights holders to get the right to obtain information regarding an infringer, their identities, means of production or distribution and relevant third parties.
The exact composition of the business "side" is not known, which reflects the lack of transparency afflicting the ACTA process. Whether trade representatives can be forced to reveal the make-up to the press or policy groups remains to be seen.
2008/8/1 John Vandenberg jayvdb@gmail.com:
Under customs enforcement for example it proposes:
- Increased inspection of goods to detect potential shipments
I understand one of the functions of being a sovereign nation is that you can inspect pretty much anything that comes across your boarders unless it is a diplomatic bag.
- Under civil enforcement rights holders will have more say on the
damages involved as well as more compensation to cover their legal enforcement costs including "reasonable attorney's fees";.
Err so what? The loser pays system in the UK appears to work
The exact composition of the business "side" is not known, which reflects the lack of transparency afflicting the ACTA process. Whether trade representatives can be forced to reveal the make-up to the press or policy groups remains to be seen.
The EU is involved so any formal documents would have to translated into rather a lot of languages.
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