flux and contenux

While November 30th of this year fuitait the analysis by the European Commission of the proposal of the United States concerning the "Internet" chapter of ACTA (Trade agreement relating to counterfeiting), one , dated from December 7th, 2009 confirms the position of the Council of the European Union on ACTA, and more precisely on chapter relating to "criminal proceeding" (or criminal supplies ): 2 pages of presentation were d classifi es, the rest (therefore the heart of the document) is classified.
On this subject, read the recent articles of the professor of Canadian right Michael Geist, and the summary which gave the Quadrature of the net last April::
This section concerns cases for which parts should envisage procedures and criminal sanctions. Debates notably concern following questions:
Clarification of the level of the necessary infringement of personal rights so that cases of counterfeiting of a trademark or mark of piracy of royalties or of rights related are the object of criminal sanctions.
- Clarification of the range of criminal sanctions.
- Cases in which the competent authorities should be authorised to act on their own initiative (without consultation, that is to say without a holder's of rights applying for it.
- Authorisation to order search or seizure of the goods of which they suspect that they undermine rights of possession intellectual, of the equipment and materials used to make offence, of decisive elements of proof and of every active derivative or drawee of activity in reason.
- Authorisation of the judicial authorities to order confiscation and destruction of the goods causes it.
- Authorisation of the judicial authorities to order the confiscation of every active derivative or drawee of activity causes it.
- Authorisation of the judicial authorities to order confiscation or destruction of the equipment and of materials having served for producing the goods in reason.
- Procedures and criminal sanctions in cases of recording of films or of other broadcasting writings with the aid of a video camera, and
- Procedures and criminal sanctions to be adopted in case of traffic of forged tags.
By Astrid Girardeau
December 8th, 2009 in 17:25
In [EXPRESS]
Graffiti: ACTA, Michael Geist