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WTO Piracy Concerns Remain High Despite Anti-Counterfeiting Talks

GENEVA -- Negotiators at the World Trade Organization and non-government organizations remain concerned about provisions under discussion for an Anti-Counterfeiting Trade Agreement, said a deputy ambassador to the WTO. Changes to Swiss customs rules have led to a 250 percent spike in customs interventions, primarily because Internet orders sent through the mail can now be searched. Countries in ACTA talks, launched in late 2007, include the U.S., Switzerland, Australia, Canada, European Union, Japan, South Korea, Mexico, Morocco, New Zealand, and Singapore. No text has been agreed to in the negotiations.

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One oft-cited erroneous claim is that talks are considering border searches of computers and smart devices for pirated software or content, officials said. Travelers in the EU can’t have their MP3 players or laptops searched unless they're suspected of participating in “large scale” trafficking, said an EC official. Existing EU laws prevent it, he said.

“ACTA is about tackling large scale, criminal activity,” according to an EC fact sheet: “It is not about limiting civil liberties or harassing consumers.” Swiss customs interventions increased 250 percent to 1,176 cases last year because “Internet orders for products of personal use sent via postal mail can now also be intercepted,” said a Wednesday news release on statistics tallied for last year. “About 90 percent of all copyright infringements happen online,” said the Swiss Counterfeiting and Piracy Platform. New Swiss rules also allow searches of travelers entering the country. Most counterfeit goods confiscated from travelers last year were bags and clothing, immediately destroyed without criminal charges being filed, according to a news release.

Only about 10 cases in the country of 7.5 million people involved electrical goods, mainly mobile phones, said a Swiss official who declined to be identified because she was not authorized to speak to the media. Counterfeit software was found only in a few cases, she said. Swiss customs authorities also don’t open and search computers or smart phones to look for pirated content, the Swiss official said. Recent revisions to customs rules didn’t change this practice, she said.