Earlier ACTA information

ACTA 2007

Some information has been leaked about the secret ACTA negotiations that have been going on since before 2007 between several countries about the international protection for intellectual property and copyright. The proposals cover both trademarked goods and copyright media.

The early proposal suggested provisions for

- sharing law enforcement information
- providing strong IP/rights protection, both for rights holders and trading partners
- creating legal frameworks to bring counterfeiters to justice

These would include boarder measures (by customs), civil enforcement and criminal prosecution with imprisonment and seizure of goods, equipment and proceeds.

Action would be taken against countries involved in mass production of counterfeit CD & DVDs.

The proposals include internet distribution of media, but with safeguards for ISPs from liability, but with their cooperation to ID the infringer.

CIVIL PROPOSALS 2008

Countries are required to have civil judicial procedures and authority to issue orders to desist. They also should have authority to award damages for profits suffered or the infringers gains based on the market price of the goods. For copyright media there should be pre-determined damages or ways to determine them sufficient to deter future infringement.

Both the goods and manufacturing equipment should be destroyed without compensation and the infringer is obliged to provide information for example about production, other people involved, distribution channels.

The rights owner has however first to provide evidence that infringement is happening or imminent.

CRIMINAL PROPOSALS 2008

Countries are required to have criminal procedures against infringement on a commercial scale, either with or without direct financial gain. Both fines and imprisonment are to be provided sufficient to remove monetary incentives.

All goods, materials and assets may be seized and the goods, manufacturing equipment destroyed without compensation.

There should be also criminal procedures against importation and sales on a commercial level and against copying, recording or transmission or media that has been released in public.

CONCLUSION

This information is at an early level but is being actively developed, in secret! It probably has been revealed to interested parties such as labels and publishers in private. It has a large chance to be adopted and to affect the UKs existing civil and criminal laws, especially as regards copyright and the internet. It is clearly one of the inspirations for the Digital Bill now currently going through parliament largely believed to have been inspired by meeting between government and the media industries.

I suggest everyone asks their MP if they have seen it, and if parliament will debate it.