Experts Stated Their Arguments “For” and “Against” The ACTA

Thursday, 15 March 2012 9:52

In the Round Table Conference at the UNWE were highlighted the experts statements “for and “against” the implementation of ACTA. In the forum took part representatives of different Ministries, National Assembly Commissions, Organizations for Collective Management of Author`s or Similar Rights, Art Unions and Affiliated Professional Associations, Music and Film Industry, Software Industry, Advertising and Multimedia Industry, independent producers, etc. The majority of attendants stated in details the disputable issues concerning the International "Anti-Counterfeiting Trade Agreement - АСТА" signed on January, 26th in Tokio from 22 of the total 27 countries of EU.

As an agreement for the intellectual property protection ACTA is a necessary document in its principle, pointed out at the opening of the forum Prof. Borislav Borisov, Head of the Intellectual Property Department and Director of the Center for Intellectual Property of UNWE – the organizers of the event. Prof. Borisov highlighted the idea of “better protection of the intellectual property objectives” but in searching of a balance between the intellectual property and the consumers. According to him in the elaboration of the document are basically grounded mostly corporative interests and the texts concern issues of common character allowing a wide and extreme interpretation which the society doesn`t accept.

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From the Left to The Right: Assoc. Prof. Violeta Tsakova,
Prof. Borislav Borisov,Assoc. Prof. Rumiana Brestnitchka
and Assoc. Prof. Vladya Borisova
Participants in The Round Table Conference Which Was Held at
The Large Conference Hall of UNWE.


The implementation of ACTA may become dangerous because of the lack of clear guaranties against the abuses with the rights, the exoneration of officials from responsibility, unscrupulousness, misfeasance, ignorance and even arbitrariness, added also Assoc. Prof. Tsakova. One of the dangers is infringe upon basic civil rights. The intellectual product creators are not in a position to control the lawful use of their work themselves so the state and other organizations must support them, outlined also Assoc. Prof. Tsakova.Assoc. Prof. Tsakova determined her statement as “an independent opinion with prejudiced attitude to the author`s rights”. Is there any necessity of new regulations for intellectual property, she asked rhetorically giving the determined answer: “Yes!”. In her presentation Assoc. Prof. Tsakova explained the reason for such determination, mentioned the international agreements and some other potential responsibilities as outlined the essence and the new points of view in the ACTA. “Anti-Counterfeiting Trade Agreement!? I miss the piracy”, pointed out Assoc. Prof. Tsakova. “The scale of intellectual piracy strongly begins to worry me because it brings losses for the economy”.

Assoc. Prof. Rumiana Brestnitchka analyzed the contradictions in art.23 and art.9 of the ACTA as well as the regulations for border control. Whose rights are protected and may it be talked about a balance of interests in the agreement, commented Assoc. Prof. Vladya Borisova, Scientific Secretary of the Intellectual Property Department.
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The ACTA is a trial to be implemented a part of American legislation into the rest of the world, pointed out one of the organizers of demonstrations against the agreement (on February, 11th). “85% is the reduce of physical selling of Bulgarian music but a part of it is because of the uncontrolled use of music”, emphasized Ina Kileva, representative of the United Nations Programme for Development and according to her there has been set the precedent of “full freedom”. The solvation of the issue has already reached to the people in the streets and when the situation comes to that end then nobody listens to the academic opinion, said Georgy Sarakinov, Expert on Intellectual Property Rights and according to him the advantage of all that is for the companies not for the authors. The producer Victor Tchutchkov appealed the governing not to succumb to “anonymous people trying to arouse any fear”.

It must be always searched the balance between the interests of creators and society. Creators themselves don`t start from the zero to create. Everyone starts from where somebody has reached up before him, said Assoc. Prof. Jivko Draganov, lecturer at the Private Law Sciences Department of UNWE.

A dozens of arguments “for” and “against” the ACTA and a lot more opinions were shared in the Round table Conference organized by the university.

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