ACTA vs. EU law

The following table compares the EU position during ACTA negotiations (as evidenced by leaked documents) to current EU law (eCommerce, IPRED) or legislative proposals (IPRED 2).

1. SECTION 1: CIVIL ENFORCEMENT

EU position on ACTA

EU law

Article 2: Each Party shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. The Parties shall also ensure that the right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right.

Recital(45) e-Commerce The limitations of the liability of intermediary service providers established in this Directive do not affect the possibility of injunctions of different kinds; such injunctions can in particular consist of orders by courts or administrative authorities requiring the termination or prevention of any infringement, including the removal of illegal information or the disabling of access to it.