European Commission tests ACTA legality at ECJ
Critics say it invades freedom of speech rights
The European Commission is trying to defeat criticism of a multilateral treaty opposing medicine and other high-value product counterfeiting by referring its terms for assessment by the European Court of Justice (ECJ).
It has asked judges to rule on whether the Anti-Counterfeiting Trade Agreement (ACTA) complies with EU citizens’ ‘fundamental rights of freedom of expression and data protection’. Critics of the treaty say it invades freedom of speech rights protected by EU laws.
The ECJ will now provide ‘independent opinion’ on the agreement, said Brussels, and could in theory declare it illegal.
However, the Commission will argue that it is within European law and if judges agree, Brussels officials will use the result to promote the treaty in emerging markets and ease its ratification in the EU, which is being held up by some member states and members of the European Parliament.
‘What counts for us is getting other countries to adopt ACTA standards so that European companies can defend themselves against blatant rip-offs,’ said an EC official.
The move comes after a 1 March hearing staged at the parliament over the issue, where MEPs grilled experts in ACTA. There, UK Labour MEP David Martin, who is coordinating the parliament’s ratification procedure, welcomed the court referral saying it could help answer questions about how the treaty could affect access to generic medicines.
‘What we don't know is how border agencies will be asked to define counterfeit medicine as opposed to generic medicine, especially when many of these medicines that arrive at the frontier are packaged and labelled similarly to the original medicine,’ he said.
Noting that ACTA failed to deal precisely with this issue, he added: ‘The problem with ACTA is that the devil is in the lack of details.’
However, Dr Meir Pugatch, of Israel’s University of Haifa, argued at the hearing that ACTA would not restrict trades in generic medicines, as the agreement does not cover patents.
‘I think that we already have the necessary safeguards today to ensure access to generic medicines, and therefore I don't think ACTA poses any serious concern,’ he told MEPs.
‘The problem is counterfeited medicines and substandard medicines.’