Catherine Bearder MEP writes… Lib Dem MEPs kill ACTA

After careful consideration, Lib Dem MEPs have decided to reject the controversial Anti-Counterfeiting Trade Agreement (ACTA) in the European Parliament. There is now a majority in the Parliament that will reject the ratification of this plurilateral treaty originally designed to establish international standards for intellectual property rights.

So why do we reject ACTA?

In principle, Lib Dems support the protection of intellectual property rights (IPR) and the fight against counterfeiting – in particular when it comes to dangerous counterfeit medicines, electronics and toys. But we are also champions of fundamental rights and freedoms and we must weigh up carefully between the need to protect property rights and our knowledge-based economy and these fundamental freedoms.

ACTA falls short in both regards. On the one hand, it is ‘an anti-counterfeiting agreement without the counterfeiters’ as countries such as China, which is a major source of counterfeit products, have not signed up to it. This undermines the entire creditability of ACTA and demonstrates that it cannot achieve its aim to combat global counterfeiting. At the same time, ACTA poses serious risks to the fundamental rights of people in the UK and EU in its provisions on digital goods and obligations on internet service providers. Only this week, the European Data Protection Supervisor said that ACTA would allow ‘indiscriminate or widespread monitoring’ of internet users which are ‘disproportionate’ while not providing sufficient safeguards. Approving such legislation would be against the fundamental civil liberties principles of the Liberal Democrats and we have therefore decided to reject ACTA.

What now?

Without the support of the Liberal and Democrat Group (ALDE) in the European Parliament, ACTA is dead in the water. But we need to get back to the drawing board to find a more suitable multilateral solution to protect IPRs and safeguard consumers from harmful products.

ACTA bundles together too many different types of IPR enforcement under the same umbrella which undermines the protection of each. We want to see a sectoral approach with each separate agreement focusing on a specific type of IPR infringement. And we want to see emerging economies (which are the major source of counterfeit products) brought to the negotiating table, if possible within the framework of the World Trade Organisation (WTO). Most of all, we want any new negotiations to be conducted in a very transparent manner to ensure that fundamental freedoms and civil liberties are not disproportionately infringed by any new agreements.

* Catherine Bearder is the Liberal Democrat MEP for the South East

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3 Comments

  • Alex Macfie 27th Apr '12 - 9:23am

    This is excellent news. However, it isn’t over until the vote, and with the weak party discipline of the European Parliament a majority on paper does not guarantee a win. Last time the European Parliament voted on ACTA, in a symbolic vote in Autumn 2010, a pro-ACTA resolution (supported by the right-wing groups) was passed despite the centre and left groups supporting a rival anti-ACTA resolution and forming a majority in pariament, because of a few rebels from the ALDE and S&D group. Regrettably these included some UK Lib Dem MEPs, as well as all UK Labour MEPs.

  • @Alex: your concerns are justified and we will have to wait till the vote in July to be 100% sure. However, I thinkt there is room for confidence since the situation is fundamentally different to the situation in Autumn 2010. This time the Greens, Communists, Socialists, Liberal Democrats and the EFD (UKIP’s political group) are opposed. Added to this, Most Eastern and Central European delegations in the conservatiive EPP Group are opposed, as well as the Tories’ Polish allies. The major difference to 2010 is that a whole swathe of EU governments are now either opposed to the agreement, hesitating or asking for exemptions from ACTA, these include Germany, Bulgaria, Poland, Czech Republic, Latvia, Slovenia and Romania. In such circumstances, it is very unlikely to rise from the dead.

  • Alex, do you mean this vote: http://www.votewatch.eu/cx_vote_details.php?order_by=euro_grup_cod&order=ASC&last_order_by=euro_tara_nume_en&id_act=1189&euro_tara_id=&euro_grup_id=&euro_vot_valoare=&euro_vot_rol_euro_grup=&euro_vot_rol_euro_tara=&vers=2

    Newton Dunn was the only one to vote against deploring Acta, but Duff, Wallis and Ludford abstained. But there were many votes, and I haven’t time to go through them all…

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