The Anti Counterfeiting Trade Agreement known for being a ‘Pirate Bay Killer’ trade agreement is scheduled to be negotiated further next week. While ACTA is known for many things (most of which negative) it’s, above all, known to be very secretive.
We reported on ACTA about two months ago when it made its first appearance as a ‘Pirate Bay Killer’ agreement. At the time, the agreement had to be leaked online before any real transparency could be established.
For American corporate interests, it is effectively another way to stop The Pirate Bay’s operations. For Canadians, it meant being digitally searched at the border for copyright infringement (in spite of politicians saying otherwise in light of the copyright reform controversy). It seems that ACTA is saying that, for Australians, it’s a means to strengthen the Australian border against copyright infringement.
Australia is known for having extremely tight laws with regards to border traffic – especially issues related to the drug trade. It may lead some to wonder if there is hope by some lobby interests to have the same thing with regards to intellectual property. Would it be as strict as what is feared in Canada of effectively having your iPod or laptop searched? Not much is known about that at this time of course. From the ACTA page:
Border Measures
* Issues related to extending the Customs Application for Suspension Scheme as required under TRIPS.
* Issues related to Customs searches of material which infringes IP rights without notification from the right owner.
* Issues related to targeting material which infringes IP rights which is being exported from Australia, or being moved in-transit through Australia.
* Issues related to strengthening border measures as a key element of reducing the international trade in material which infringes IP rights.
Civil Enforcement
* Issues related to the incorporation of a system of pre-established or statutory damages in IP matters
* Issues related to the incorporation of a statutory formula or presumptions for the calculation of damages in IP matters.
* Issues related to the incorporation of a statutory formula for the calculation of account of profits in IP matters.
Institutional Issues
* Issues related to the establishment of a new institution to address the international trade in IP infringing material.
One may read their agenda and think that it is only related to physical piracy, but as many know, physical piracy is only one of the things being targeted in this agreement. Though, if the demands by the Recording Industry Association of America (RIAA) are anything to go by, physical piracy might end up being merely a moral cover for what is really going on.
Negotiations are expected to continue July 29-31st. DFAT, the organization behind this agreement is offering to withhold submissions from the public. Here’s hoping another leak isn’t necessary to find out what is going on, but one shouldn’t hold their breath considering what happened the last time.
Hat tip: Michael Geist
