Why we react to ACTA

By Marinos Cleanthos *

The adoption of the "Commercial Convention for the Suppression of Counterfeiting" (also known as ACTA), which the Council of Ministers voted on at its last meeting, is a negative development that will greatly affect and change the way we communicate via the internet and limit the free and unhindered access of citizens to information;

It is a fact that the development and expansion of the Internet - and technology in general - has affected the copyright of creators and created great insecurity among businesses. On the other hand, however, there are concerns that the proposed convention is too strict as it imposes a harsh legal framework that in essence encourages the creation of monopolies on art and culture and controls the limits of free access to knowledge via the Internet.

There are a number of reasons why one may feel uncomfortable with promoting a text like ACTA. The most important problem of the contract, however, is that its rules violate the valuable balance of intellectual property rules between copyright (which should be effectively enshrined) and the need for continuous cultural development and creation. I'm afraid that ACTA 's provisions will lead to a police - mostly - Internet where communication and access to cultural property will be restricted.

A second reading of the provisions of the contract reveals that its main goal is not to fight counterfeiting of products but the complete control of the Internet and the granting of excessive rights to copyright operators. Thus, with ACTA, many of the uses we make on YouTube, blogs and social networks will be considered illegal, even threatened with imprisonment. In this context, the ease with which the Republic of Cyprus adopted this agreement is surprising. Is the Government really aiming to protect copyright? If so, why has it not implemented the existing law for years? Was there a study showing that the adoption of ACTA will have a practical impact on the rights and obligations of Cypriot citizens - Internet users?

Also, if the Government sincerely seeks the protection of copyright, answers should be given to the following:
1. Why does the Intellectual Property Authority provided by the Cypriot legislation not work?
2. Why is not a law being promoted that governs the operation of Collective Management Companies?
3. Why is the Cypriot law not implemented to combat music piracy?
4. Why are copyright issues still the responsibility of the overcrowded company registrar and no separate government agency is created?

The solution to the current problem for ACTA will be given only with the renegotiation of the convention and with the involvement of the European Parliament and organized groups of citizens in the final formulation of its text.

* Marinos Cleanthous is a Lawyer - University, DIKO Social Networking Consultant