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Subject: [WL-News] ACTA trade agreement brief for July 29-31 Washington DC
Date: Thu, 31 Jul 2008 14:00:53 +0100 (BST)
From: Wikileaks Press Office <[EMAIL PROTECTED]>
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.
See http://wikileaks.org/wiki/S4
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