Mr. Martin Bugelli, Head of the European Commission Representation in Malta has kindly given his permission to reproduce this article that appears in today’s Times of Malta. Over the last few days I have been asked for my two cents on ACTA – I have politely refused to comment on the subject (thank you One News and MaltaToday for your interest) for the simple reason that I hate commenting on something that I do not know about. I have finally found time to start reading the text of ACTA – away from the pro- and anti- propaganda currently infesting the net. A little aside: do ignore our friendly PLPN’s posturing on the subject – the less said about them the better.
Back to ACTA. This subject merits our attention for many more reasons than simply “they want to destroy the internet”. The issue is one affecting international law and the very web that holds the global village together. It is about individual rights, corporate interests and who will best represent them. It is about the future of how the rules that bind us will effect us. On the other hand it is nothing new. International agreements have been signed for long before many of us were born. This time though we are armed with that all powerful weapon: information … and it is important to get it right. The interaction between civil society and its representatives is also evolving – we have a duty to work it out civilly and ensure that our prerogatives and freedoms are not abused of. So let’s start with Mr Bugelli’s article. Read it carefully and bear in mind that it is perforce a Commission perspective.
Needless to say that the opinions in the articles are Mr Bugelli’s and do not necessarily reflect J’accuse’s line. Later tonight I have been promised what I am sure will be an interesting perspective from a friend blogger in Estonia. Look out for that too (and if you have not subscribed for J’accuse updates in the mail remember that it is never too late). In the following text I have highlighted sections that I believe are crucial for further discussion.
(F)ACTA – the genuine article (Martin Bugelli)
Each year, we Europeans lose more than €8 billion through counterfeit goods sneaking into our markets, a figure which is steadfastly growing. Intellectual property is Europe’s raw material, the theft of which destroys jobs, harms competitiveness and stifles creativity and innovation.
On the other hand, European consumers should be protected from the potentially harmful effects of poor imitations and fake goods produced on a large scale by unscrupulous pirates of the high seas of trade. Unlike bona fide goods, the stuff supplied by these nefarious operations does not carry with it the responsibilities towards consumers, including the adherence to regulatory standards.
European adherence to the international Anti-Counterfeiting Trade Agreement (Acta) appears to be causing concern, particularly among internet users, possibly due to the lack of knowledge about what it really entails. This is mainly being fuelled by the confusion of Acta with the US’s now shelved Stop Online Piracy Act (Sopa), against which Wikipedia and Google protested by blacking out their websites for a day last week.
Acta is not Sopa. Acta does not foresee any rules to cut access for citizens to the internet. Acta is not about checking or monitoring your iPod, laptop, e-mails or phone.
It will not censor websites and is not about your shared files on Facebook. Indeed, Acta introduces no new EU legislation, and is definitely not a threat to internet freedom. The allegation that the implementation of Acta shall lead to a limitation of fundamental rights or civil liberties simply has no ground.
Acta is an international agreement (also entered into by Australia, Canada, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the US), which concerns procedures and measures to enforce rules which already exist in Europe. It gives holders of intellectual property rights protective tools against large-scale and organised counterfeiting operations. European intellectual property rights owners will see these rights also being upheld in participating countries outside the EU, even where previously they were exposed.
Contrary to some misperceptions being floated, Acta is not just about the internet. It is also about protecting our safety and health. Bogus medicines account for almost 10 per cent of world trade in medicines.
Acta concerns, in equal manner, the European author who is confronted with pirated copies of his or her book outside the EU, or the clothing company that discovers fake reproductions of its lines competing with its genuine products to the detriment of returns on its investment in product development.
The text of Acta has been publicly available since April 2010. It exists online in Maltese and all the other EU official languages. The negotiations for Acta within the EU structures were no different than similar negotiations on any other international agreement. Any intimations of secret proceedings are incorrect. Intergovernmental negotiations dealing with issues that have an economic impact do not however take place in public and negotiators are bound by a certain level of discretion. Under the Lisbon Treaty and the revised Framework Agreement, there are clear rules on how the European Parliament should be informed of such trade negotiations and these have been followed scrupulously.
The Commissioner, Karel De Gucht, has participated in three plenary debates of the European Parliament, replied to dozens of written and oral questions by MEPs, as well to two Resolutions and one Declaration of the EP. Commission services have also provided several dedicated briefings to MEPs during the negotiations.
The agreement is in line with current EU legislation which fully respects the fundamental rights and civil liberties of its citizens, in particular privacy, freedom of expression and data protection.
In a nutshell, Acta acts against large scale infringements very often being indulged in by criminal organisations. It is by no stretch of the imagination a restriction or control of the private use of the internet by citizens.
The European Commission is actively pursuing and promoting a digital agenda, including the most widespread, efficient and fully available internet for citizens, as a policy priority entrenched as one of the seven flagship initiatives of the Europe 2020 growth strategy.
Mr Bugelli is Head, European Commission Representation in Malta.
