ACTA is dead
The European Parliament voted AGAINST ACTA with a large majority. The MEPs did not vote against the authors and promoting creativity.
With 478 votes against and 39 votes for they:
– said NO to the agreement that does not resolve legal problems in the system of promoting creativity and that would bring only one-sided solutions;
– said NO to the agreement that was drafted and negotiated in secrecy;
– said NO to the agreement that would introduce one-sided solutions, even though the freedoms of the citizens would be in danger.
The MEPs also said NO to the European bureaucrats who follow the requests of the industry, while the freedoms of the citizens are in danger. As European citizen, I believe that they voted for the democracy and for even more democracy in the processes of adopting decisions at EU levels.
ACTA is dead in the EU. This, however, does not mean it is necessarily dead in other countries as it can still be ratified by 6 other signatories.
We need to start seeking solutions for a better system of promoting creativity as soon as possible. This system needs to stimulate and upgrade creativity and not limit it. The supporters of ACTA will seek new ways and new possibilities to legalize in some other way the solutions of ACTA. This is why we need to keep working on. The debate and the political possibilities of the stakeholders in this game are not in balance, but I an optimist and I believe that the European Parliament clearly showed in today’s connected world where the politicians are under a better surveillance of the public legislation acts cannot be adopted in the way ACTA was.
I was against ACTA because of the following reasons (briefly):
– ACTA’s starting point that the legal system of intellectual property law (as a system to promote creativity and innovation) is good, is wrong;
– ACTA was negotiated in secrecy (such subject matter should not be negotiated in the first place, but should be publicly discussed and rules should be adopted in democratic legislative processes in parliaments) – this applies also to other areas, no rules should be adopted on such a non-democratic way;
– ACTA contains a lot of unclear and undefined legal concepts that so not help legal certainty but to the contrary, therefore ACTA is a serious threat for the freedoms of individuals.
dr. Maja Bogataj Jančič, Intellectual Property Institute
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.
A new book “Law and Artificial Intelligence: Issues of Ethics, Human Rights and Social Harm” was published (Institute of Criminology at the Faculty of law in Ljubljana, 2021), the editors of which are prof. dr. Aleš Završnik and dr. Katja Simončič. The author of one of the articles is also dr. Maja Bogataj Jančič, LL.M., LL.M., who wrote an article on the topic of whether artificial intelligence can be an author of a copyright work.
Jožef Štefan Institute is organising GO-DIP workshop series, first of them coming on November 19th, 2021 is revolving around software IP and data agreements. The GO-DIP project aims to increase the competencies of knowledge generators and intermediaries. At 15.10 dr. Maja Bogataj Jančič, LL.M., LL.M. will be lecturing in the Workshop: Development of a checklist for model digital IP agreements. Welcome!
2nd GPAI Summit will occur from 11-12 November, 2021 in Paris, France. Leading international AI experts from civil society, academia, industry and governments, including ministerial-level delegates from GPAI’s Membership, will come together for GPAI’s annual event. This public-facing event will include reporting on the ten Working Groups’ study topics, including the reporting of Data Governance Working Group (DG WG). Public conferences will be broadcasted live on GPAI’s Youtube channel. Welcome!