EU suspends anti-counterfeiting treaty ratification

Feb 22, 2012, 17:28 GMT

Brussels - The European Union on Wednesday suspended ratification of a controversial international anti-counterfeiting agreement and asked the bloc's highest court to rule on its legality, a process that could take about 20 months.

The European Commission asked the European Court of Justice to 'independently clarify the legality' of the Anti-Counterfeiting Trade Agreement (ACTA), which establishes global standards to fight counterfeit goods, non-licensed generic medicines and online piracy.

Twenty-two of the EU's 27 members, as well as the commission, signed up to the treaty in January. Supporters say it would help protect jobs, adding that it does introduce any change to the bloc's existing intellectual property rules.

Critics say the treaty is a blow to freedom of information because it would make it easier for signatory countries to punish non-commercial copyright breaches and shut internet websites.

There have been demonstrations against ACTA in several European capitals.

EU Trade Commissioner Karel De Gucht called for a debate 'based upon facts' and lamented 'the misinformation or rumours that have dominated social media sites and blogs in recent weeks.'

The commission hopes that the court will 'be as quick as possible' in its ruling, the commissioner's spokesman told dpa.

An ECJ spokeswoman said there was no official deadline for a ruling, adding that two previous court opinions on international agreements had taken 20 months to be delivered.

An online campaign has built up against ACTA. Hacker group Anonymous temporarily shut down the website of the European Parliament to urge its rejection.

ACTA 'will not change anything in the European Union,' as it is based on intellectual property standards 'already enshrined in European law,' De Gucht said.

However, it would help protect jobs by protecting European businesses against a global trade in counterfeited and pirated goods that is worth 200 billion euros (265 billion dollars), he said.

EU Justice Commissioner Viviane Reding was more sympathetic to critics of the deal.

'I am against all attempts to block internet websites. Even though the text of the ACTA agreement does not provide for new rules compared to today's legal situation in Europe, I understand that many people are worried about how ACTA would be implemented,' she said.

Of the EU's 27 members, only Cyprus, Estonia, Germany, Netherlands and Slovakia have not signed the agreement. The United States, Japan, Australia, Canada, South Korea, Singapore are among other signatories.

De Gucht said 'the (EU) ratification process will be suspended,' both in the European Parliament and national parliaments, until the ECJ delivers its opinion.

The lawmaker who was originally tasked with getting ACTA approved in the EU assembly, Kader Arif, resigned in protest in January. His replacement, David Martin, on Wednesday welcomed the decision to take the matter to the ECJ.

'We must guarantee a good balance between intellectual property rights, which are fundamental for the European economy and job creation, and individual freedoms,' he said.