Criminal

Smoking gun on ACTA Criminal Sanctions

February 2, 2012
By FFII

We discovered a smoking gun on the criminal sanctions aspect of the Anti-Counterfeiting Trade Agreement (ACTA). A declassified document reveals that the Commission made proposals and fundamentally steered the negotiations on criminal sanctions in ACTA for which no corresponding EU harmonisation exists. There is no “Acquis” element on criminal enforcement of intellectual property rights, yet. Criminal sanctions in ACTA were formally negotiated by the...

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Closing the criminal legislation gap of the European Union

September 30, 2011
By FFII

EU level Criminal law is a very delicate issue. In the European Parliament a new document from the Commission would be examined: “Towards an EU Criminal Policy: Ensuring the effective implementation of EU policies through criminal law”. Criminal law measures comprise intrusive rules, which can result in deprivation of liberty. This is why the Charter of Fundamental Rights – made legally binding by the...

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With ACTA, manipulation returns to the European Parliament

September 24, 2011
By Ante

A few years ago, an amendment making sure that parallel importation was not criminalised in the EU disappeared after it was adopted in the European Parliament. This summer, the Chairman of the International Trade committee (INTA), Mr Vital Moreira, rewrote a question the INTA committee asked the Parliament’s Legal Services regarding ACTA (Anti-Counterfeiting Trade Agreement). The INTA Chairman among others things left out a...

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EU ACTA negotiators’ notes still secret

March 16, 2011
By Ante

Pedro Velasco Martins, EU ACTA negotiator, today answered FFII’s 30 December 2010 questions on the initialling of ACTA. ACTA was initialed on 25 November 2010, through an electronic procedure. The Commission chief-negotiator initialled all the pages of the text, including the criminal measures. The Commission added negotiators’ notes in the course of the negotiations. The EU has not decided yet whether it will publish...

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De Gucht does not answer questions from German MEP

December 26, 2010
By FFII

P-8950/10EN Answer given by De Gucht on behalf of the Commission (29.11.2010) The relevant provisions of ACTA were negotiated by the rotating EU Presidency on behalf of the EU Member States. Therefore, the Presidency is best placed to respond to this question. However, the Commission notes that its reading of footnote 9 is not that it extends penal responsibility to new infringements, but that...

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De Gucht and his giant ACTA lie

December 22, 2010
By FFII

For the past past months Commissioner Karel De Gucht cheated the Members of the European Parliament about the lack of competence of the European Union to negotiate ACTA criminal measures, and overplayed the known fact in Plenary that there is no related Acquis existing. Many Members of Parliament trust De Gucht’s promises made that ACTA fully complies with the Acquis. Compliance with the Acquis...

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Metzger: Criminal sanctions beyond ‘may’ outside Acquis.

December 9, 2010
By FFII

Intellectual Property Watch quotes Axel Metzger, University Hannover: “All criminal sanctions that go beyond ‘may’ clearly are outside of the EU acquis,” Metzger said.

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Beyond Wikileaks: How to get legal access to ACTA documents

December 5, 2010
By FFII

In a Guardian interview this week Wikileaks founder Julian Assange stressed the importance of their disclosure of the secret Anti-Counterfeiting Agreement (ACTA). European observers do not have to rely on leaks because public transparency is a right of citizens under the Lisbon treaty. You can request legal access to ACTA related documents from the Council. Either documents are available through the register or for...

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ACTA – outstanding issues (E-8295/2010)

October 22, 2010
By FFII

Parliamentary questions 12 October 2010 E-8295/2010 Question for written answer to the Commission Rule 117 Franziska Keller (Verts/ALE) and Oriol Junqueras Vies (Verts/ALE) Subject: ACTA — outstanding issues In its resolution of 10 March 2010, Parliament: — was ‘deeply concerned that no legal base was established before the start of the ACTA negotiations and that parliamentary approval for the negotiating mandate was not sought’;...

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European Greens/EFA enter the technical voodoo game

October 20, 2010
By FFII

The MEPs from the Green Group in the European Parliament ask crucial technical questions about the Anti-Counterfeiting Trade Agreement as “priority questions”. These questions address the tip of an iceberg concerning technical issues with the ACTA, there is much more that can be raised. Any Member of the European Parliament is entitled to ask written and oral questions to the institutions which have to...

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