Фотография: Георги Грънчаров

По-долу можете да прочетете две писма, които Европейската федерация за интерактивен софтуер и Групата против фалшификати са разпратили до евродепутатите с апел да подкрепят ACTA.

Сред подписалите първото писмо е и Българската асоциация на музикалните продуценти. В писмото се казва, че „през последните две седмици сме свидетели на координирани атаки срещу демократичните институции“ и „ACTA е за доброто на Европа“.

Второто писмо, изпълнено с обяснения за ползите от ACTA върху европейската икономика, е придружено с предупреждение, че съдържанието му е поверително, а разпространението му може да е незаконно.

10 February 2012
Please support ACTA for the good of Europe

Dear Member of the European Parliament,

Over the past two weeks, we have seen coordinated attacks on democratic institutions such as the European Parliament and national governments over ACTA. The signatories to this letter and their members stand against such attempts to silence the democratic process. Instead, we call for a calm and reasoned assessment of the facts rather than the misinformation circulating. A considered reaction is more important than ever at a time when many outside of Europe doubt the ability of the European Union institutions and its Member State governments to act together.

The signatories of this letter represent thousands of European companies of all sizes and millions of workers in dozens of sectors crucial to the European economy, which are eager to get Europe out of the current economic crisis by promoting innovation and growth-enhancing measures. We are all dependent on intellectual property.

ACTA is good for Europe. Without changing EU law, it establishes common procedures for dealing with IPR infringements across countries accounting for 50% of world trade. The framework set up by ACTA will have a positive impact on protecting Europe’s industries, jobs and people. ACTA will have no negative consequences as it does not depart from EU law – as confirmed by two opinions of the European Parliament’s Legal Service as well as the European Commission. It is important to show that Europe is united and has trust in its institutions and government processes. That is why ACTA is supported by all the organisations and companies below, as well as 22 European Member States who joined the EU in the first step towards ratification.

We therefore urge you to focus on the facts and not the misinformation and to support ACTA. ACTA is an international cooperation project that will protect Europe’s rights and people and will confirm the EU’s global importance as a responsible trading partner. For Europe to have a successful knowledge economy and manufacturing base it must protect its workers, creators and the innovations of its manufacturers and industries abroad. The ACTA treaty sends an important message to third countries and to Europe’s workforce that our rights must be protected in practice, and that Europe will not fall behind other countries in this regard. This is a crucial moment for Europe’s governments and institutions in their effort to safeguard Europe’s jobs and economic future. Failure to do so will irrevocably affect Europe’s credibility as a trusted global trade partner.

We thank you for your support on this crucial issue:

ACG – Anti-Counterfeiting Group
Alliance Against IP Theft
ANDEMA – Spanish Association for Defence of the Trademark
AIM – European Brands Association
APM – Aktionskreis Deutsche Wirtschaftgegen Produkt – Und Markenpiraterie
AFP – Associacao Fonografica Portugesa
AGPP – Association of Greek Producers of Phonograms
BAMP – Bulgarian Association of Music Producers
BASCAP – Business Action to Stop Counterfeiting and Piracy
BBB – Börsenverein des Deutschen Buchhandels
BEA – Belgian Entertainment AssociationBIEM – Mechanical Rights Societies
BPI – British Phonographic Industry
BREIN – Protection Rights Entertainment Industry Netherlands
BVA – British Video Association
BVMI – Bundesverband Musikindustrie
CIPR – Coalition for Intellectual Property Rights
EACA – European Association of Communications Agencies
ECTA – European Communities Trademark Association
EPC – European Publishers Council
EURATEX-European Apparel and Textile Confederation
EUROCINEMA – Association of Film and Television Producers
FAMA – Fachverband der Film- und Musikindustrie
FEP-FEE – Federation of European Publishers/Fédération des éditeurs européens
FESI – Federation of the European Sporting Goods Industry
FIAPF – Fédération Internationale des Associations de Producteurs de Films
FIAD – International Federation of Film Distributors Associations
FIMI – Federazione Industria Musicale Italiana
GESAC – European Authors and Composers Societies
IFPI – Representing the Recording Industry Worldwide
INDICAM – Instituto di Centramarca per la lotta Contraffazione
INTA – International Trademark Association
IRMA – Irish Recorded Music Association
ISFE – Interactive Software Federation of Europe
IVF – International Video Federation
MAHASZ – Magyar Hanglemezkiadók Szövetsége
MARKENVERBAND – German Branded Businesses Association
NVPI – Nederlandse Vereniging van Producenten en Importeurs van beeld
SACG – Swedish Anti-Counterfeiting Group
TIE – Toy Industries of Europe
TABD – Trans-Atlantic Business Dialogue
TUOTOS – Finnish Audiovisual Producers
UNIFAB – Union des Fabricants
VKE – German Cosmetics Manufacturers
More organisations being added

Dear Member of the European Parliament

Please see the attached letter from industry representatives throughout Europe.

Protection and enforcement of intellectual property (IP) rights are among the longstanding priorities of the European Commission, with the support of the EU Parliament.  For example, this support was expressed in Parliament’s strong vote adopting the Gallo Report on Enforcement of IP Rights in the Internal Market.

Link to Parliament resolution

Since the Commission launched its Green Paper on Combating Counterfeiting & Piracy in the Single Market in 1998 (COM(98)569) which was welcomed by the EU Parliament and stakeholders, and then presented its Action Plan in 2000, new challenges have been posed, both by the exponential growth of the internet and by the increasing sophistication of the serious organised criminals who control and benefit from the trade in fakes.

IP is the bedrock for the EU’s economic growth and job markets, fostering innovation and protecting consumers, who can trust the legitimate brands and products they recognise.  A truly harmonised global approach to its protection, which is the basis for ACTA, is now essential as counterfeiting and piracy networks continue to expand globally, without concern for borders, laws or regulations.

The basic aim of ACTA is to establish a new global level of IPR enforcement to combat the worldwide threat of IP crime (counterfeiting and piracy) which will also benefit developing countries:

• building international cooperation leading to harmonised standards and better communication between law enforcement and other authorities
• establishing common enforcement practices to promote strong intellectual property protection, in coordination with right holders and trading partners
• creating a strong modern legal framework which reflects the changing nature of IP crime in the global economy, including the rise of easy-to-copy digital storage mediums and the increasing danger of health threats from e.g. counterfeit food and pharmaceutical drugs.

The many scaremongering stories and false claims are unfounded, and much has been made of the fact that negotiations have been conducted ‘in secret’.  But trade agreements are always conducted confidentially, for the obvious reason that to do otherwise would hamper the negotiation, by risking premature or unwarranted disclosures.

• it is an agreement concerning the enforcement of intellectual property rights
• it does not oblige any of its signatories to create new substantive rights, or to change existing ones
• it only commits its signatories to ensuring that rights holders can fully assert their rights if, when and where they exist
• it is about tackling large-scale illegal activity and pursuing criminal organisations
• it is not about limiting civil liberties or harassing consumers
• there is not (and never has been) a ‘three-strikes’ rule for internet infringements
• it will be in line with the current EU régime for enforcement of IPRs, which fully respects fundamental rights and freedoms and civil liberties, such as the protection of personal data

Some of the main features to commend to you are:

• giving a broad coverage of intellectual property rights (IPRs)
• providing an international standard for IPR infringements on the internet, with a ground-breaking, yet balanced, level of harmonisation and transparency for the rules applicable to such infringements, whilst remaining fully in line with the EU acquis
• preserving the protection of fundamental rights, privacy and data protection
  • referencing those provisions of the TRIPS Agreement which:  safeguard the essential balance between the rights of the right holders and the public interest, and\
  • stress the ‘need for intellectual property rights to contribute to technical innovation, socio-economic welfare, or the protection of health’

Some points to note:

• the Commission would have liked the section on border controls to go further, but this wasn’t possible
• patents may be included in the civil enforcement chapter, but are otherwise excluded (because other countries do not control patents,so this would have required major changes in their legislation)
• ACTA only deals with illegal products – no negative effect is expected on EU trade
• the main impact will be on how infringements are dealt with in third countries
• ACTA will not change the acquis communautaire so it needs no actual implementation
• it will help to encourage some of our trading partners to move closer to the EU’s high standards of IPR enforcement, to the benefit of all of our citizens and industries
• Current IP regimes in the single market already facilitate unprecedented consumer access to products and use of content in the digital environment, including online retail websites for all the major companies; numerous other trading platforms for the purchase of manufactured goods; the ability to watch broadcasts e.g. of sporting events on a live, delayed or highlights basis across a number of technologies; legal music download services; digital copies of films; countless video game sites that allow download, and methods to allow over 90% of academic journals to be available online.

Thanks to our IP framework consumers can now access products and content how and when they want – with that same framework rewarding the efforts of those who invest in and create the content.  But trust and confidence are also essential for the successful development of commercial, creative and consumer interests on the internet.  ACTA will add a crucial level of protection and support, both for member states, and for third countries where, for some, a higher standard of IPR enforcement is urgently needed.

For more information about ACTA please visit the DG TRADE website

http://ec.europa.eu/trade/creating-opportunities/trade-topics/intellectual-property/

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