India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries

from the good-for-india dept

While the various governments supporting ACTA continue to insist there’s nothing wrong with it, clearly more and more people are realizing that there are some massive problems with it, and we’re not talking about the usual group of activists. It seems that India — which is in the middle of reviewing its own copyright law — is quite worried about ACTA. It’s looking to team up with “like-minded countries” to oppose ACTA and to hold talks with countries who agree to ACTA to explain why they’re worried about it. India’s main concern appears to be over some of the proposals that would continue to allow the seizure of legal generic drugs passing through other countries, something that has been a huge problem for the Indian healthcare system.

Meanwhile, others elsewhere are seeing problems as well. Ray Dowd, a copyright litigator who writes an excellent blog on copyright issues, is getting himself up to speed on ACTA and seems horrified by what he’s reading. He admits that he expected that the scare stories online that he’d been reading would prove to be exaggerations, but he now thinks that people aren’t concerned enough about ACTA:

So when I finally got around to reading the text of ACTA, I thought that I would find the concerns I’d seen floating around the internet to be a little overblown.

In fact, I think that the concerns of the EFF are understated. I am not so concerned about confidential negotiations to give trade representatives some time to brainstorm. But the text appears to be so one-sided as to appear to have been spoonfed by certain aggressive Hollywood rights-holders who don’t think anyone can make fun of Mickey Mouse and that anyone crossing a border should be frisked for a fake Louis Vuitton handbag.

I am surprised that ISP’s and technology users seem to have had so little input into the process.

He notes that he’s all for a true anti-counterfeiting agreement, but he’s surprised that the government is using this to shoehorn in all sorts of things that have nothing to do with copyright:

What is counterfeiting? In my humble estimation, it is knowingly making large quantities of exact copies of a trademarked, patented, or copyrighted good with the intention of selling such large quantities to defraud consumers and the rights holders.

Thus, any anti-counterfeiting treaty would have the elements:

1. exact copies or copies intended to be so similar that a consumer could not tell the difference;
2. protected goods;
3. large quantities (500?) (2,000?);
4. intent to defraud consumers and rights holders.

Some kid copying stuff to his Ipod is not counterfeiting. Even 2,000 songs.

So anyone labeling a treaty “anti-counterfeiting” and that does not have the foregoing elements is trying to pull a scam on me.

His conclusion sums up what many of us have been saying for quite some time:

ACTA appears to be an attempt to tie Congress’s hands in terms of domestic copyright legislation, rather than a legitmate attempt to pursue counterfeiting.

But, of course, according to various folks at the USTR and the Copyright Office, now that ACTA’s been released, it’s proven that all the “fears” from online sources were misguided. Right?

Filed Under: , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries”

Subscribe: RSS Leave a comment
TAM (impersonation) says:

Re: What now TAM?

India just wants to copy everything the U.S. does. They want to freeload from the U.S. R&D and art and music and whatnot instead of producing their own. What freeloaders. and they do generic drugs as well, which again is freeloading off of those who produced the generics.

How did I do?

Fake TAM says:


Ha! Mike, as usual doesn’t know what hes talking about. Get the facts idiot before posting. You just defend pirates while they starve Yoko, Paul and Ringo! You never offer any rational dispute to my objections and this is an excellent example of what I’ve been saying. THANK YOU for proving my point!

Everyone knows that the LAW has been going the way of the pirates since the Internet came into being. Finely we get much needed relief, and all you want to do is defend the assholes that enslaved us! THIS IS A HUMAN RIGHTS ISSUE!! where is amnesty international when you need them? Want proof? Just look AT Fiona Apple jackass!

Anonymous Coward says:

Re: Re:

In opposed to twenty year monopolies (well, the effective life is less + extensions) despite the fact that there is no evidence that patents even promote the progress, especially in pharmaceutical where most of the innovation occurred during a time with fewer patent restrictions and what we have now, with all these patents, are me too drugs with minor modifications of previous drugs, drugs that would be produced perfectly well without patents.

Anonymous Coward says:

Re: Re: Re:

You are confusing copyright with patents. Copyright is a ridiculous duration, while many drug patents enter the public domain every year after the 20 year patent protection ends.

Impossible to discuss the rest of your assertions. What exactly constitutes “innovation” in pharma?

Regarding the minor modifications, this seems to be an issue that the market should figure out. If generics are available that are so chemically similar to the new patented drug, than people will gravitate towards the cheaper drug, or the patented drug will be similar in price to the generic.

Anonymous Coward says:

Re: Re: Re:2 Re:

That my friend is completely irrelevant to my original point.

1) Indians don’t pay any of the price to develop or create these drugs.
2) Indians get all of the benefits.
3) The rest of the world suffers, because overall innovation in the field is stunted, since the incentives to create pharmaceuticals are less.

Hephaestus (profile) says:

Re: Re:

“as every drug they have spent billions developing becomes “

Do you remember how the IP industry contributes 1.8?? trillion dollar to the US economy? Rememner how that number was called into question? I will give you a hint at what I am getting at … It Doesnt Cost The Pharma Industry Billions To Bring a Drug To Market. You are spouting industry rehtoric

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...