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Nations agree on final version of ACTA

by Dan Worth

16 Nov 2010

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The text of the Anti-Counterfeiting Trade Agreement (ACTA) has been finalised after all negotiating nations reached a consensus on the last remaining issues during discussions in Tokyo.

Once the document receives legal verification it will be submitted to each nation's relevant authority for domestic processes before becoming law.

However, rights groups have urged MEPs to block the agreement, citing numerous concerns.

La Quadrature Du Net, a highly vocal opponent of ACTA, recently called for the relevant organisations within governments debating the treaty to oppose its ratification.

"It is important to stress the basic flaws of this dangerous anti-counterfeiting agreement, which compiles outdated and very controversial provisions from the US and the European Union in the field of intellectual property rights," La Quadrature Du Net said in a statement.

"ACTA's bias and lack of legitimacy should compel the legislative bodies of the negotiating countries to strongly oppose its ratification, and acknowledge the necessity to reform patent and copyright law."

Part of the controversy is that ACTA was negotiated behind closed doors for a long part of its process, and that some of the clauses could lead to future legislation.

For example, the need for each party to "establish and maintain a system that provides for pre-established damages" could lead to significant fines being levied, according to Robin Fry, a partner at law firm Beachcroft.

"There has been a hardening of position relating to 'pre-established' damages. These are fixed by law and do not depend on the copyright owner having to prove their loss," he told V3.co.uk last month after the penultimate version of ACTA was released.

"It could trigger far more infringement claims by designers, software developers and creatives who in the past haven't thought it commercially worthwhile pursuing minor infringements. Far more intellectual property litigation is therefore on the cards."

Participants in the negotiations include Australia, Canada, the EU and its member states, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the US.

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