[Infowarrior] - Is ACTA the New WIPO?

[Richard Forno]

Is ACTA the New WIPO?
Wednesday October 24, 2007

http://www.michaelgeist.ca/content/view/2318/125/

It has been readily apparent for a number of months now that "counterfeiting
and piracy" is the new focal point for intellectual property policy reform.
With global conferences, legislative hearings in national capitals, and new
anti-counterfeiting coalitions, copyright lobby groups have jumped on the
anti-counterfeiting bandwagon.  While the claims regularly focus on health
and safety risks or suggestions that organized crime or terrorist groups
benefit from counterfeiting, the reality is that the policy prescription
typically includes a range of issues that have little to do with those
issues.  These include anti-circumvention legislation, higher damages, and
an increased use of public tax dollars to provide protection for private
commercial interests.

The strategy has proven remarkably effective.  Despite the absence of any
independent data (indeed, there is evidence that some numbers have been
fabricated), politicians are easily convinced that action is needed since
the lobbyists often come armed with compelling props (exploded batteries,
unsafe toys) and no one actually supports counterfeiting.  Of course, the
issue is not whether you are for or against counterfeiting, but rather
whether the proposed reforms have anything to do with health and safety or
significant economic concerns.

Having placed counterfeiting on both domestic (see the recent government
response and attempts to create an IP caucus) and bi-lateral agendas
(including the SPP and the G8), yesterday the U.S. unveiled an even more
ambitious goal - a new international Anti-Counterfeiting Trade Agreement.

Given the recent backlash at WIPO, the U.S. is avoiding the U.N. system.
Instead, it has created a new counterfeiting coalition of the willing that
includes the European Union, Japan, South Korea, Mexico, New Zealand, and
Canada.  Those countries yesterday simultaneously announced enthusiastic
support for a new trade agreement with negotiations to begin next year.
Indeed, International Trade Minister David Emerson's announcement to the
House of Commons brought the MPs to their feet.

This treaty could ultimately prove bigger than WIPO - without the
constraints of consensus building, developing countries, and civil society
groups, the ACTA could further reshape the IP landscape with tougher
enforcement, stronger penalties, and a gradual eradication of the copyright
and trademark balance.