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July 19, 2012
by Ana Arana

Mexico signs ACTA despite opposition

Last week Mexico’s ambassador to Japan signed the Anti-counterfeiting Trade Agreement (ACTA).  The approval was deemed a scandal by Mexican media. The Agreement is not widely known in the country, but serious opposition is rising up from academic and human rights organisations.  The end of the Stop Online Piracy Act (SOPA) was cheered here, but nobody had any idea something like ACTA was coming along.

ACTA is a new enforcement treaty that was negotiated in secret by the United States, Switzerland, Japan and the European Union, but not ratified.  It will create increased international cooperation on intellectual property enforcement. Signatory countries will be able to share information on intellectual property violations more expediently, and the agreement seeks to define an international legal framework for targeting counterfeit goods, including medicine.

Although some of the most intrusive elements of the treaty were struck down because of worldwide opposition and claims of threats to digital freedom — earlier this month, the European Parliament voted to throw out the controversial legislation — the measure that worries everyone in Mexico is the one that allows “right owners” the possibility of obtaining information on the identity of ISP users and on defining what is an infringement on their property rights.

Late last year the Mexican Senate voted to reject the treaty.  But now that the Mexican government signed the treaty, a new Mexican Senate elected in July will have to vote again.

Representatives of  Mexico’s three political parties in the Senate have already declared they will reject the decision by the Mexican government. They blamed the government of President Felipe Calderon, who leaves office in December, of going against national sentiment.

Mexicans fear further intrusion by government agencies on their use of internet.  One of the powers provided to governments by ACTA, allows the release by ISP providers to “rights owners”, of personal information on individual Internet users suspect of copyright infringement.

Counterfeiting and piracy is a 12.5 billion dollar business in Mexico. According to the US-based Intellectual Property Alliance, Mexican buyers account for 9 per cent of all pirated US goods sold around the world.  Fifty-eight per cent of all clothing sold in Mexico and 60 per cent of all sound recordings are contraband or pirated. The illicit sales of pharmaceutical products are also sky high, reaching 12 per cent of all medical product sales. Counterfeiting amounts for 80 per cent of that illicit market.

For Mexico the problem has grown bigger because of the participation of organised crime groups linked to drug cartels, who launder their drug earnings through the system.

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  • MEXICO

    The second largest country in Latin America after Brazil, Mexico has the 14th largest economy in the world. The country has been shaken by the growth of powerful drug cartels that have wreaked havoc in Mexico’s regions.

    The cartels have an insidious impact on civil society. A study by the Fundación de Periodismo de Investigación (MEPI) of 11 drug-affected provinces – almost half of Mexico’s state territories – found that newspapers report only three out of ten drug-related news stories, if not fewer. There is little official censorship, although press freedom at the state level is controlled by financial restraints, as the provincial press depend on state advertising.

    I have been a journalist for three decades, in the 1980s I reported on Central America and its civil wars. In the 1990s I covered Colombia for US news outlets and since 1993, when I left daily journalism, I have focused on investigative journalism projects. I worked first for the New York based Committee to Protect Journalists and then moved to the Open Society Institute of West Africa, where I helped set up a media assistance project in Guinea Bissau. In 2007 I came to Mexico as a Knight international Fellow to train local newsrooms.

    In January 2010 with the help of other journalists and editors I launched the Fundación de Periodismo de Investigación (MEPI) launched to promote investigations and work with journalists in the US, Mexico and Central America

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