ACTA: an illegal treaty?

Behind closed doors the EU, US and Japan negotiate an Anti-Counterfeiting Treaty (ACTA). According to the [http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm European Commission's website], a "path breaking" treaty is foreseen. For this reason the Commission likes to work outside the normal formal structures.

An [http://wikileaks.org/wiki/Image:Acta.pdf ACTA discussion paper] was leaked. On this page we will discuss whether the treaty falls within the the EU's competence.

[http://eur-lex.europa.eu/en/treaties/dat/12002E/htm/C_2002325EN.003301.html CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY]

Article 133:

The Commission wants a "path breaking" treaty. That does not seem compatible with internal Community policies and rules.

According to the leaked document, the negotiators want to use a very broad definition of commercial, which may well fall outside a normal interpretation of "commercial aspects". Furthermore the treaty is intended to include non commercial acts. The EU does not have the competence to do this.

Depending on the final text, unanimity may be needed.

The treaty relates to trade in cultural and audiovisual services. Common accord of the Member States is required.

As we saw above, the intended treaty is not covered by paragraph 5. Unanimity is needed.

[http://www.ip-watch.org/weblog/index.php?p=1071 Intellectual Property Watch]

[http://wikileaks.org/wiki/Image:Acta.pdf Leaked document]

http://ipjustice.org/wp/campaigns/acta/

http://www.eff.org/issues/acta/acta-submission-032108.pdf

http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm