A study commissioned by the European Commission advocates the abolition of the national prosecutor’s discretion whether to prosecute and how to charge the defendant. It also argues in favor of a European criminal court and for the criminalisation of patent infringements. This is the study that paves the way, or should have paved the way, for EU intellectual property criminal measures. We observe that the…
Already on 24 or 25 November 2010, the Commission and Council Presidency initialled ACTA. This became clear at the Ad hoc meeting – Anti-Counterfeiting Trade Agreement (ACTA), a DG Trade meeting to inform and consult civil society about ACTA. Mr Pedro Velasco Martins, Deputy Head of Unit, Public Procurement and Intellectual Property Directorate-General for Trade, represented the Commission. Mr Velasco Martins stated that ACTA will…
Here it is, the missing answer to Dutch MEP M. Schaake, which as the document shows was indeed published far too late although referenced in earlier statements to other parties. The Commission arrogant as ever simply disputes the substance. For the first time the Commission states that the provisions in ACTA such as civil and criminal sanctions relate to the “commercial aspects of IPR” legal…
The resolution on the Anti-Counterfeiting Trade Agreement (ACTA) adopted by the European Parliament on November 24th 2010, contains fundamental flaws. The resolution expresses a belief that ACTA can not change present EU laws. This belief is unfounded and scrutiny reveals that ACTA can and does change present EU laws. The FFII published a document comparing ACTA and EU legislation. European Academics found inconsistencies as well.…
“Contrary to the European Commission’s repeated statements and the European Parliament’s resolution of 24 November 2010, certain ACTA provisions are not entirely compatible with EU law and will directly or indirectly require additional action on the EU level. The following is a non-exhaustive list of illustrations that indicate the general tendency of ACTA: (…/…) Taking above into account, the Signatories of the Opinion invite the…
Member of Parliament Jan Philipp Albrecht (Greens) wants to ask the “legal service of the Parliament if the final Version of ACTA and its foreseen legislative procedure is in line with the Treaties of the European Union and which legal possibilities there are for the European Parliament to challenge this in front of the European Court of Justice”. It seems Chairman Klaus-Heiner Lehne (EPP) is…
We blogged earlier that ACTA Parliamentary question E-8847 from MEP Marietje Schaake is still not answered, even though the Commission refers to it. The FFII yesterday filed a request for documents. If the answer exists, we should have it soon now: Detailed response to Question E‑8847/10 In its answer to Parliamentary Question E-8295/2010, the Commission writes: “As the Commission has explained in its detailed response…
ACTA Parliament question E-8847 from MEP Marietje Schaakes is still not answered, even if Commission refers to it. E-8294 De Gucht answer to MEP Keller, excerpt: As the Commission has explained in its detailed response to Question E-8847/10 the Commission has carefully ensured, at every step of the negotiations, respect for Article 15 TFEU in particular by providing regular information to civil society and access…
