[ALAC] ISOC statement on ACTA

Hong Xue hongxueipr at gmail.com
Wed Feb 16 06:30:06 UTC 2011

ACTA seriously concerns legal community. Quit a lot of legal analyses
have been done from different prospective. Since ACTA must be
implemented in consistence with each Member State's domestic law,
there have been eloquent research done by scholars across Atlantic:

a) A group of European legal professors have produced a thoughtful
piece to identify the inconsistencies of ACTA with EU Directives,
inter alias Enforcement Directives;

b) American scholars (and PTO) have raised that implementation of ACTA
(particularly strengthening enforcement measures such as injunctive
relief or damages) may be contradictory with the on-going Patent
Reform Act, which has just been approved by the Senate Judicial

Developing countries that are excluded from the plurilateral ACTA
process, like India and China, have challenged the legitimacy of ACTA
at TRIPS Council.

It is very nice to see Internet community getting involved in the
campaign. ISOC's statement, albeit brief on legal issues, is very
positive action to assess ACTA in IG framework.


On Wed, Feb 16, 2011 at 5:20 AM, Wolf Ludwig
<wolf.ludwig at comunica-ch.net> wrote:
> Dear all,
> as some of you may have realised already, I am deeply concerned about the on-going process of the ACTA negotiations (ACTA stands for the Anti-Counterfeiting Trade Agreement). In this context, I got to know the ISOC statement “Calling for an open and international dialogue …”.
> In the statement, ISOC refers to / “…wishes to take this opportunity to provide our preliminary perspective on those parts of the proposed agreement which pertain to the Internet, Internet governance, Internet technologies, Internet intermediaries and/or Internet users.” What is our concern as well. I would like to share (with all those who haven’t seen the statement already) this with you. Full text see:
> http://www.isoc.org/internet/issues/docs/acta-ustr_20110214.pdf
> Kind regards,
> Wolf
> comunica-ch
> phone +41 79 204 83 87
> Skype: Wolf-Ludwig
> www.comunica-ch.net
> Digitale Allmend
> http://blog.allmend.ch -
> EURALO - ICANN's Regional At-Large Organisation
> http://euralo.org
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Dr. Hong Xue
Professor of Law
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
19 Xin Jie Kou Wai Street
Beijing 100875 China

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