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ACTA

The Anti-counterfeiting Trade Agreement or ACTA was negotiated between 2008-2010. It was put to the European Parliament in 2012, and was rejected. But what was it? And why was it so controversial?

It was an attempt to create a trade agreement around a specific issue area of intellectual property rights. It was led by the United States Trade Representative (USTR), the EU and Japan. One of the key aims of its proponents was to establish in international trade law, a set of measures to address copyright enforcement online. To that extent it incorporated a chapter on enforcement of intellectual property rights on the Internet, including copyright and trade marks. This chapter is what grabbed the attention of lawyers, academics and activists around the world. There were two main areas of conflict. One of them was copyright enforcement, which at that time entailed the so-called "3-strikes" measures ( see my section on France) and which is covered extensively here in my posts on ACTA. The other issue was access to medicine ( which I do not cover).

If you like the articles in this section and you are interested in ACTA and copyright enforcement policy, you may like my book A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms which discusses ACTA in detail. You may also like The Copyright Enforcement Enigma - Internet Politics and the 'Telecoms Package'


And you may like my book The Closing of the Net which discusses the issue of secondary liability in the context of the UK copyright blocking judgments and the Megaupload case in New Zealand.

The European Parliament's ACTA rapporteur, David Martin, released his report yesterday. As he had foreshadowed at the Socialist group seminar last week, the report recommends a 'no' vote. But some of the text in his report suggest openings for future enforcement legislation. What are we to make of it?

Read more: European Parliament ACTA report: deal or no deal?

Marielle Gallo, the Sarkozy-ite MEP and sweetheart of the rights-holders, is sharpening her claws in a desparate attempt to derail the ACTA 'No' vote. She has released her draft Opinion, in which she sets out a proposal designed to allay fears that ACTA will infringe fundamental rights. The proposal is little more than a sop.

Read more: Marielle Gallo tries to claw back ACTA

The recommendation to the European Parliament will be to reject ACTA. The rapporteur, David Martin, has today made an official announcment to that effect. The announcement moves ACTA fate one step closer to its coffin, but it would be foolish to think that its fate is finally sealed.

Read more: It's official: European Parliament told 'Say no to ACTA'

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor: online safety, technology and human rights. In April 2024, I was appointed as an independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.  

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review