ECJ anti-counterfeiting treaty meets opposition
ACTA treaty said to \'invade freedom of speech\'
The European Commission is trying to defeat criticism of a multilateral treaty opposing high-value cosmetics counterfeiting, referring its terms to the European Court of Justice (ECJ). Brussels wants 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 delaying its EU ratification say ACTA invades freedom of speech rights protected by EU laws. The ECJ will now provide an "independent opinion" and could in theory declare it illegal. However, the Commission is confident it is legal and if judges agree, Brussels officials will use the result to promote the treaty.
Britain’s Cosmetic, Toiletry and Perfumery Association (CTPA) backs ACTA. Director general Chris Flower said the group “supports the ultimate aim of ACTA in reducing the adverse consequences to legitimate businesses and potential risks to consumers…from counterfeit products.” That said it “recognises the difficulty” in framing ACTA-compliant laws without “unintended consequences for other legitimate concerns."