Angelika Werthmann (NI), in writing. − ACTA is a plurilateral agreement negotiated between the EU, the US, Australia, Canada, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea and Switzerland aiming at preventing trade in counterfeit physical and digital goods by enforcing IPR.
Opposition to ACTA: - few positive effects because the countries in most counterfeit goods originate (China) are not a party; - goes beyond EU acquis and breaks the balance between IPR protection and fundamental rights such as right to information and education, freedom of expression, rights accessible healthcare, protection of privacy and data protection, etc. To that end, the agreement introduces the possibility for states to introduce laws forcing ISPs to disclose information about subscribers with a simple allegation by a right-holder for such disclosure. Moreover, the agreement introduces criminal sanctions for ‘commercial scale’ infringements and this without a proper definition of the term ‘commercial’. The agreement could also compromise the export of generic medicines to poorer countries.
INTA, which led Parliament’s scrutiny of ACTA, and 4 other committees (Civil Liberties, Industry, Legal Affairs and Development) recommended that Parliament should reject the agreement. Since the entry into force of the Treaty of Lisbon, the EP should give its consent to international agreements.