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Los Verdes

6 février 2010 6 06 /02 /février /2010 19:08
We would like to express our concern over the lack of a transparent, credible process and over possibly objectionable  content concerning the Anti-Counterfeiting Trade Agreement that is being negotiated by the EU, the US, Japan and other countries. We declare that If the following benchmarks cannot be met by the final ACTA text the European Parliament should vote against the proposed treaty when its assent is requested.


  The active role of the European Parliament in its co-decision role and its access to  information and documents related to the ACTA negotiations must be guaranteed as stipulated by the Lisbon Treaty.
   The proposed ACTA  treaty should not mean the legal harmonization of copyright, patent or trademark law within the European Union and on a global scale while deliberately bypassing the scrutiny and democratic credibility of the normal consideration by the European Parliament,  national parliaments  and multilateral institutions.

 The diverse legal framework of  EU member-states on these issues should not be ignored and the principle of subsidiarity should be upheld.

   The proposed ACTA agreement should not force limitations upon the due process of judicial procedures nor in any way weaken the guarantees for fundamental rights as stipulated in the European Convention on Fundamental Rights.
   The persecution of possible violations of copyright or patent law should be the exclusive competence of state judicial authorities and not be  the competence of administrative bodies or private interests.

  Any imposition or suggestion of criminal sanctions where civil measures are actually in place should not inhibit economic innovation by increasing the costs and risks of European businesses.

Internet service providers should not be forced to bear  criminal nor civil liability for the content being transfered on their services..

No agreement should impose or promote that digital content be filtered, restricted nor censored, except in serious cases of threats to security or to public health.

The rights of privacy and data protection of digital communication should be respected in accordance with present EU legislation.

Any agreement to promote or strengthen the cross-border seizures and inspections of goods should not harm the global access to legal, affordable and safe drugs.

Any agreement to prohibit anti-circumvention technology should not limit the freedom of expression and the right to a free press on a global scale.

David Hammerstein
TransAtlantic Consumer Dialogue
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