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WIPO supporters must oppose ACTA / move ACTA to WIPO?


Yesterday I authored, printed, signed and sent through snail-mail a letter to Peter Van Loan, Minister of International Trade. It was in reply to a reply letter he had written me earlier on ACTA, the Orwellian double-speak named Anti-Counterfeiting Trade Agreement. In it I asked him to protect the global intellectual property system from this attack on existing institutions.

This morning I read that the European parliament passed a resolution calling on Canada to support moving ACTA to WIPO.

While a bit out-of-date a day later, the following is the letter I sent:

May 6, 2010

Hon. Peter Van Loan, Minister of International Trade
CC David McGuinty, my MP in Ottawa South
CC Charlie Angus, MP who has been challenging the government on ACTA and other controversial technology policy.

Dear Hon. Peter Van Loan,

Thank you for your letter of March 26, 2010 in reply to my email of January 27, 2010, regarding the so-called Anti-Counterfeiting Trade Agreement (ACTA).

In your letter you suggested that, "The Anti-Counterfeiting Trade Agreement negotiations are being undertaken with a view to establishing global standards for the enforcement of intellectual property rights in order to more effectively combat the increasing trade in counterfeit and pirated goods."

If I believed this statement were true, I would not be concerned with the negotiations. The most controversial aspects of the previously leaked and now released draft text are those that have nothing to do with counterfeiting, or which seem to seek to undermine the established intellectual property framework as administrated through WIPO, WTO/TRIPS.

WIPO has had problems, with governments and NGOs being critical of its historical lack of transparency, accountability and policy balance when measured up to other UN special agencies. A number of initiatives to reform not only the organization itself but to also advance policies such as the development agenda have moved WIPO towards fulfilling the mandate that justified its status as a special agency of the UN.

An increasing number of politicians worldwide, including but not limited to members of the European Parliament, are realizing that the so-called "Institutional arrangements" (ACTA chapter 5) seem to overlap and seek to replace existing institutions such as the WIPO. They say that ACTA is an attempt to circumvent global norms on intellectual property enforcement and related public interest flexibility.

I urge you to do your part to protect the global intellectual property system from this attack on existing institutions. One way is to have Canada sign the Wellington Declaration http://publicacta.org.nz/wellington-declaration/ , whose preamble starts with:

"Consistent with the European Parliament’s Resolution of 10 March 2010 on the Transparency and State of Play of the ACTA Negotiations (P7_TA(2010)0058), ACTA should be limited to an Agreement regarding enforcement against counterfeiting (the large scale commercial production of illicit physical goods)."

Sincerely, Russell McOrmond
(Address information removed)

Note: I was going to hand-write this letter, but felt it better to save you from my handwriting.

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Russell McOrmond is a self employed consultant, policy coordinator for CLUE: Canada's Association for Free/Libre and Open Source Software, co-coordinator for Getting Open Source Logic INto Governments (GOSLING), and host for Digital Copyright Canada.




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