[ALAC] ISOC statement on ACTA

Jean-Jacques Jean-Jacques
Wed Feb 16 17:03:25 UTC 2011

Dear Hong,

your message brings replies to some of the questions contained in my
e-mail of a few hours ago.

If Colleagues are interested in the suggestion I put forward (for an ALAC
statement going beyond the ISOC paper), you have already answered in part:
- clearly, you are one of the most qualified to provide expertise in
developing the required legal arguments;
- the ISOC paper, though interesting in itself, does not give a
comprehensive account of regional (e.g. EU) and national (e.g. China,
India) positions;
- this could be an opportunity for ALAC to make a statement, within the
confines of its charter, by providing a good analysis of issues which ACTA
must face, and which it is our duty to make known on behalf of our global


On 16/02/11 07:30, "Hong Xue" <hongxueipr at gmail.com> wrote:

>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 ³Calling for an open and international dialogue Š².
>> In the statement, ISOC refers to / ³Šwishes 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.² What is
>>our concern as well. I would like to share (with all those who haven¹t
>>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
>ALAC mailing list
>ALAC at atlarge-lists.icann.org
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