Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-09-08-Speech-3-086"
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"en.20100908.5.3-086"2
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"Mr President, Mr De Gucht, ladies and gentlemen, protecting inventors and companies from having their ideas stolen is an important issue, in particular, for small and medium-sized businesses. However, I would like to ask once again whether product piracy can really be restricted by a small club of countries signing an agreement, especially as these countries are better known for inventions than for forgeries. In my opinion, these negotiations should be taking place within an international context, such as the World Intellectual Property Organisation (WIPO).
In general terms, this is all about a new framework and a new commitment. Mr De Gucht, your concluding remarks today are pointing in this direction. I know that the negotiators from the Commission and the Council are aware of this dilemma. Their solution is to give companies comprehensive rights to take legal action in the potential forgers’ sales markets. They want to be able to arrest importers and, according to the draft text, even end customers at the borders, unless individual signatories to the agreement make exceptions. The text states that:
“Parties may exclude from border measures small quantities of goods of a non-commercial nature contained in travellers' personal luggage”.
They want to impose legislation in Europe that will allow a company to request that goods or software products that have been imported from a signatory to the Anti-Counterfeiting Trade Agreement (ACTA) are impounded or even destroyed by order of the courts. This can, if necessary, happen without the other party being given a hearing. In the case of a container of fake chainsaws, this may sound like a simple procedure. However, the agreement aims to extend this process to cover areas such as software components.
Will it be possible for software giants, such as Microsoft, to hunt down and destroy their smaller competitors by means of legal proceedings? The giants of the entertainment industry have also succeeded in having their concerns included in the ACTA negotiations. Legal action will be taken not only against downloading and copying, but also against the production and distribution of technologies which, among other things, allow copy protection to be circumvented.
You have said that progress has been made and it is true that the USA has dropped its call for Internet service providers (ISPs) to be held liable. However, in the section of the agreement concerning criminal law, there is still a paragraph on aiding and abetting. In addition, ISPs will be obliged to hand over the personal data of customers who are suspected of violating copyright legislation, following a legitimate request from a company. We have discovered in this House during the course of the SWIFT negotiations that the United States, for example, does not have data protection legislation as we understand it in the European Union. What is the situation in the other countries which are signatories to the agreement? The agreement must not be allowed to interfere with the
. We must be able to protect small and medium-sized companies against patent campaigns by software giants and guarantee that the personal data of Internet users is secure."@en1
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