In 2007, Bush administration began negotiations on ACTA particularly to contain several developing countries engaged in piracy acts, and to protect the interests of leading US firms which lost their price competitiveness on account of counterfeiting. Incidentally, the ACTA effect will not be restricted to internet activities alone but extends to counterfeit pharmaceuticals, designer merchandise, music, movies, etc.

Surprisingly, the final draft will not have the endorsement of China, one of the largest counterfeit producers. Hence, looking back to past events on taking action against China in regards to infringements, the trade pact is expected to encounter similar stalemate while implementing a likely ratified deal. Participants in the negotiations included Australia, Canada, the European Union, represented by the European Commission, the European Union Presidency (Spain) and EU Member States, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the US.

Many ACTA dissidents blame the secretive or undemocratic nature of reaching the agreement by not revealing the details for public discussion. On the other hand, WIPO provides scope for public scrutiny with an added advantage of the inclusion of major counterfeiting countries in negotiations.

Meanwhile, the tech firms are understood to be apprehensive about ACTA’s secondary liability clause, which recommends the responsibility of copyright infringement behaviour of the user on the online service provider. The clause will possibly affect social networking sites, video-sharing sites and several other user-generated content sites including the online encyclopaedia, Wikipedia.

Last month, a statement signed by senior trade-union officials from New Zealand, Australia, Singapore and the US raised the question of intellectual property rights becoming an element in the free-trade negotiations. However that fear is put to rest by officials at the eighth round of ACTA negotiations calling the deal as a ‘standalone’ one, and would not tinker with FTAs.

According to sources, the draft will leave out three-strikes provision that would require border agents to search the contents of electronic devices. Experts term three-strikes a preposterous idea as it would virtually bring every transit cell to a standstill.

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The new FTA is expected to largely benefit the Canadian producers and exporters as the duties of all Canadian non-agricultural merchandise exports are eliminated thus making it more competitive in those markets. Tariffs will also be removed or reduced on selected Canadian agricultural exports such as durum wheat, frozen french fries, beer and crude canola oil.

Now Canada will have access to state of the art technologies and other knowhow from the sophisticated EFTA markets at lower costs that includes the importation of machinery and scientific and precision instruments. Besides, the new deal is likely to attract other European countries as well in reaching similar trade ties and thereby increase the visibility of the Canadian business entities over there.

The EFTA was the seventh-largest export destination of Canada last year. The two-way trade between both parties reached $13.2bn in 2008 with Canada exporting goods worth $4.2bn. In 2007, the two-way trade was valued at about $12.9bn with the Canadian exports and imports reaching at about $5.2bn and about $7.7bn respectively.

According to the deal, there will be significant cuts in tariffs of merchandise from both sides, but Canada’s tariffs on sensitive shipbuilding products will stay. They have decided to waive these tariffs in phases over a period of 15 years with regard to the sensitivity of each product.

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