FutureFive NZ - ACTA details now available online

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ACTA details now available online

As promised, the draft negotiating text of the Anti-Counterfeiting
Trade Agreement (ACTA) has been released for public scrutiny.

The international negotiations, the latest round of which
was held recently in Wellington, have been largely secret until now, prompting
speculation that draconian laws aimed at protecting intellectual property and
copyright were likely to result, particularly affecting the sharing of
information online. Opponents in this country launched a petition aimed at
getting the New Zealand government to rethink its participation in the talks.

Now those with an interest in ACTA and its implications can
read the details of what is being negotiated. Reading through the complex legal
jargon, the internet-related provisions include:

  • Each Party shall ensure that enforcement procedures are
    available under its law so as to permit effective action against an act of trademark,
    copyright or related rights infringement which takes place in the digital

  • Liability of ISPs for possible civil action shall be limited
    if they have done nothing to facilitate infringing activity and have taken
    steps to prevent it;

  • Each Party shall enable right holders to obtain from that
    provider (ISP) information on the identity of the alleged infringer;

  • Each Party shall provide for adequate legal protection and
    effective legal remedies, in the form of civil remedies or criminal penalties
    in appropriate cases of wilful conduct, against the circumvention of effective
    technological measures that are used to protect copyright;

  • Each party shall undertake international cooperation (law
    enforcement and customs) to combat infringement.

A previously leaked version of the document provided for disconnecting repeat infringers from the internet. That provision does not appear in the official draft. The full draft can be read here (Adobe Reader required).


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