Thursday, February 9, 2012

Supporters Encourage ACTA Negotiators

April 6, 2010

Two key members of Congress are voicing support for an international agreement aimed at curbing anti-counterfeiting despite lingering concerns from public interest groups and other lawmakers in the United States and Europe about the secrecy surrounding the negotiations.

In a letter last week to U.S. Trade Representative Ron Kirk, Sen. Orrin Hatch, R-Utah, and Rep. Adam Schiff, D-Calif., the co-chairmen of the Congressional International Anti-Piracy Caucus, commended Kirk's agency for its "continued commitment in negotiating an Anti-Counterfeiting Trade Agreement with our trading partners."

Hatch and Schiff, members of the Judiciary Committee in their respective chambers, added that "protecting intellectual property rights is vital to our country's continued success as a world leader in innovation. ... We believe that a more robust framework is needed to thwart the criminal enterprises engaged in IP theft."

A group of about 100 small and medium-sized businesses and organizations echoed this view in their own letter to Kirk Tuesday. "If the administration is to achieve its goal of spurring economic recovery through doubling exports over the next five years, it is imperative to more effectively combat counterfeiting and piracy," the letter said. They and others such as the U.S. Chamber of Commerce are urging the administration to work to finish the agreement by the end of the year.

Meanwhile, the International Trademark Association (INTA) voiced support Tuesday for ACTA during a European Parliament meeting on the agreement. INTA stressed the importance of the EU's role in the negotiating process and of intellectual property to Europe. The group said in a statement that it would like to see the agreement include stronger border enforcement against counterfeited goods; stiffer criminal penalties; and better international and public-private cooperation.

The European Parliament has been skeptical of the ACTA process. Negotiators have released few details about the agreement. The parliament voted overwhelmingly last month for a resolution that "deplored the lack of transparency in the ongoing ACTA negotiations, which [members of Parliament] feel are conducted by bypassing parliamentary and public oversight," according to a March 17 European Parliament statement.

INTA said while it favors "increased transparency" by the ACTA negotiators, it "understands the need by negotiators to maintain a certain level of discretion as the draft text is being developed."

In the March release, Parliament Vice President Stavros Lambrinidis also noted there is "strong concern" in the parliament that negotiators may include language similar to a French law that aims to punish serial copyright infringers by cutting off their access to the Internet. "This parliament has voted three times against similar disproportionate sanctions in the past," Lambrinidis said in the statement.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.