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| Article 133: "3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Community policies and rules." | |
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| "5. Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, in so far as those agreements are not covered by the said paragraphs and without prejudice to paragraph 6." According to the leaked document, the negotiators want to use a very broad definition of commercial, which may well fall outside a normal interpretation of "commercial aspects". Furthermore the treaty is intended to include non commercial acts. he |
ACTA: an illegal treaty?
Behind closed doors the EU, US and Japan negotiate an Anti-Counterfeiting Treaty (ACTA). According to the [http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm European Commission's website], a "path breaking" treaty is foreseen. For this reason the Commission likes to work outside the normal formal structures.
An [http://wikileaks.org/wiki/Image:Acta.pdf ACTA discussion paper] was leaked. On this page we will discuss whether the treaty falls within the the EU's competence.
[http://eur-lex.europa.eu/en/treaties/dat/12002E/htm/C_2002325EN.003301.html CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY]
Article 133: "3. Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Community policies and rules."
"5. Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, in so far as those agreements are not covered by the said paragraphs and without prejudice to paragraph 6."
According to the leaked document, the negotiators want to use a very broad definition of commercial, which may well fall outside a normal interpretation of "commercial aspects". Furthermore the treaty is intended to include non commercial acts. he
[http://www.ip-watch.org/weblog/index.php?p=1071 Intellectual Property Watch]
[http://wikileaks.org/wiki/Image:Acta.pdf Leaked document]
http://ipjustice.org/wp/campaigns/acta/
http://www.eff.org/issues/acta/acta-submission-032108.pdf
http://ec.europa.eu/trade/issues/sectoral/intell_property/fs231007_en.htm