ACTA in Mexico
So far, there has been no clear justification for Mexico to enter ACTA (Anti-Counterfeiting Trade Agreement).
Counterfeiting is a very complex subject. However, the bottom line is that counterfeiting involves a violation of intellectual property rights. The ACTA treaty is also complex. ACTA is a multinational agreement created to improve the legal framework to defend large-scale intellectual property rights against counterfeiting of goods and copyright violation in the context of Internet distribution.
The definitive draft document has been available on the Internet since December 2010. However, this agreement is controversial since the negotiations took place in secret, and after three years, the discussion has been brought to the Senate for evaluation.
“ACTA is a multinational agreement created to improve the legal framework to defend large-scale intellectual property rights against counterfeiting of goods and copyright violation in the context of Internet distribution.”
There are strong arguments for and against Mexico becoming a member. According to what has been released to the media, the main topic discussed at this first hearing was copyright infringement in the context of Internet distribution. In this area, arguments are mostly against Mexico subscribing to the treaty because it is considered that the sanctions against downloading information from the Internet are extreme. It is also important to note that copyright infringement on the Internet is only one part of the analysis.
Some arguments state that downloading and using information generated by an individual for their own purposes is legal provided that it is not used for commercial purposes. As well, these arguments also state that this treaty would suppress any form of distribution of information through the Internet. Making it illegal to download information would probably become counterproductive quickly.
Currently, there is no background or legal basis that supports the fact that downloading information from the Internet to be used for a chosen purpose is illegal. Some also argue that the treaty is unnecessary since copyrights are very well enforced in Mexico.
The treaty goes beyond established provisions for copyrights. For example, in order to comply with ACTA provisions, Mexico would have to amend applicable laws in order to be entitled to apply some of the provisions.
It must also implement criminal penalties for counterfeiting actions and increase the ability of customs in order to improve its performance when confiscating counterfeited goods. Discussion must address how to create provisions that benefit IP owners without damaging the evolution of information technologies. That’s just one of the great challenges of the ACTA negotiations.
Rosa Elena Nuria Becerril Cortes is the head of marketing at Becerril, Coca & Becerril, S.C. She can be contacted at: rbecerril@bcb.com.mx
