Czechs, Slovaks join Poland in pausing ACTA process

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The Czech Republic has become the second EU country to suspend its ACTA ratification process despite having signed the document.

Czech prime minister Petr Necas announced the move on Monday. Slovakia also suspended its ratification process on Monday, although that country had not signed the Anti-Counterfeiting Trade Agreement (ACTA) in the first place.

As with the suspension of Poland's ratification process on Friday, these latest moves cast doubt on ACTA's future in the EU. Due to its criminal provisions, the intellectual property enforcement deal is being treated in the EU as a so-called mixed agreement. This means that it cannot enter into force anywhere in the union without being ratified by every single member state, as well as the European Parliament.

Slovakia, Cyprus, Estonia, Germany and the Netherlands have not even signed ACTA, let alone ratified it. All the other EU countries have signed, as has the European Commission, but not yet provided ratification.

ACTA is a trade agreement by name, but is effectively an international treaty that aims to harmonise copyright and trademark enforcement around the world. It was negotiated behind closed doors, and critics say it is both undemocratic and a threat to online freedoms.

The agreement's defenders say it would not change existing laws in places such as the EU and US, which already have relatively stringent copyright enforcement regimes.

Necas said on Monday that the Czech government would "by no means [allow] a situation where civic freedoms and free access to information would be threatened". Echoing Polish prime minister Donald Tusk, he said ACTA merited further analysis and expert assessment.

"We really must look into the impact it would have in real life," Necas added.

Also on Monday, the Czech data protection authorities expressed fears over ACTA's potential impact on citizens' individual rights.

Meanwhile, on Tuesday the European Parliament's Socialists & Democrats (S&D) bloc announced that British Labour MEP David Martin would be taking over as rapporteur for ACTA in the parliament's trade committee (INTA).

Martin replaces French MEP Kader Arif, who quit his role at the end of January, after the EU states signed. Arif denounced the entire ACTA legislative process in the EU as a "charade", saying it was being rushed through without any engagement with civic society.

In a statement on Tuesday, Martin, whose new role will involve examining the impact of ACTA on behalf of the wider European Parliament, indicated that he believed ACTA was being unfairly attacked.

"I want the parliament to have a facts-based discussion and not a debate around myths. That is why I want to have an open debate with all actors concerned," Martin said. "ACTA is meant to be about better enforcement of existing copyright and intellectual property rights through international cooperation. ACTA should not change existing European law in this area."

Martin also indicated that he may go to the European Court of Justice for legal advice, if necessary, to "to ensure that ACTA respects the existing body of EU law".

"I will not be rushed and will be open and transparent in my deliberations," Martin said.

This coming Saturday will see coordinated protests against ACTA take place across the EU. In the UK, there will be demonstrations in London, Glasgow and Nottingham.

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