> http://www.michaelgeist.ca/content/view/4949/125/


U.S.: No ACTA Transparency Unless Other Countries Cave on Substance


Michael Geist

Monday April 12, 2010


The U.S. Trade Representative issued a release just prior to the
launch of the New Zealand round of ACTA negotiations that has left no
doubt that the U.S. is the biggest barrier to official release of the
ACTA text.  The full text of the release is couched in terms of
improving transparency, but is really a thinly-veiled shot at the
European Union's public demands for release of the text.  The U.S.
statement:

"In this upcoming round of ACTA negotiations, the U.S. delegation will
be working with other delegations to resolve some fundamental issues,
such as the scope of the intellectual property rights that are the
focus of this agreement.  Progress is necessary so that we can prepare
to release a text that will provide meaningful information to the
public and be a basis for productive dialogue.  We hope that enough
progress is made in New Zealand in clearing brackets from the text so
that participants can be in a position to reach a consensus on sharing
a meaningful text with the public."

Note what the U.S. is actually saying - resolving scope of the treaty
(the E.U. is seeking a broader scope that includes patents) and
removing square brackets (the sources of disagreement) is needed to
reach consensus on sharing text with the public.  Yet there is no
reason to link ACTA transparency with the substance of the treaty. 
The text of the treaty can be released without regard for the level of
agreement on substantive issues.  Yet unlike most other ACTA countries
that have called for transparency without condition, the U.S. has set
conditions that effectively seeks to trade its willingness to release
the text for gains on the substance of the text.  The only thing
needed to reach consensus on sharing the text with the public is for
the U.S. to give the go-ahead.  This statement indicates they will
only do so for a price.

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