SpicyIP Tidbits: ACTA Mistrust Intensifies – India and China Come Together

When it comes to a discussion on the ACTA, the variables remain the same, and not much seems to have changed. The negotiations run their own course, in intermittent phases of secrecy and sudden displays of transparency, while civil society groups and other bodies continue their opposition, unabated. But more recently, we have seen the coming together of those countries that have been excluded from the entire process, making concerted efforts towards voicing their concerns at international fora.

Recently, we had a post discussing Brazil and India’s complaint against the EU at the WTO for customs measures that have obstructed the free-flow of generic medicines. IP Watch now reports that India and China are planning to discuss at the June meeting of the TRIPS Council, more specifically, the numerous ‘TRIPS-plus’ measures contained in the ACTA. Officials have mentioned, ‘a lowering of the threshold for criminal cases, damages, transit issues, and cross-referencing in the European Union,’ as important issues that deserve attention. However, the immediate concern of India and China appears to be the effect of unrelated agreements such as the EU-CARIFORUM agreement, which make ACTA-implementation necessary, even for non-negotiating countries (Caribbean countries, in this case). We have already blogged about the dangers of such thoughtless imposition on the developing countries, and the concerns of India and China, given recent developments, do not appear to be without merit. Let’s hope other like-minded nations come together and manage to involve themselves in the negotiation process, before it is thrust upon them in a crystallised form.