Thursday, February 9, 2012

USTR Provides Update On ACTA Talks

July 1, 2010

The Office of the U.S. Trade Representative Thursday released an update on the latest round of negotiations on a trade agreement aimed at curbing counterfeiting and piracy, saying negotiators made progress on building consensus related to enforcement measures in the "digital environment" and other issues.

The ninth round of negotiations on the Anti-Counterfeiting Trade Agreement began on Monday and ended Thursday in Geneva. The next meeting will take place in the United States, though USTR did not give a date.

In addition to work on the Internet section, USTR said the negotiators also made progress on such areas as general obligations, civil enforcement, border measures, criminal enforcement, and international cooperation. USTR also said "discussions on the scope of intellectual property rights covered in ACTA provided an improved understanding of the respective views on that issue."

The statement also tried to debunk some concerns raised about the draft agreement. "While ACTA aims at establishing effective enforcement standards for existing intellectual property rights, it is not intended to include new intellectual property rights or to enlarge or diminish existing intellectual property rights," the statement said.

USTR also said ACTA would be consistent with the World Trade Organization's Trade Related Aspects of Intellectual Property Rights agreement and also would not allow border officials to search traveler's baggage or personal electronic devices for infringing materials.

Sean Flynn, associate director of American University law school's Program on Information Justice and Intellectual Property, posted a summary of a meeting some ACTA negotiators held with representatives from civil society groups on Monday in Geneva. Many of these groups outlined their concerns last week with a draft of the agreement released in April.

"There seemed to be little desire to remove or narrow considerably the Internet chapter. There was a desire by some delegates to ensure that DMCA-like protections are in the ACTA Internet chapter," the post said, referring to provisions in the U.S. law the Digital Millennium Copyright Act. That law includes a provision providing Internet firms with protection from liability if they agree to move quickly to remove pirated content from their networks or Web sites when informed about its existence.

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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.