[OpenEnterprise] ISDS: ACTA by the Back Door?

As I noted in my last TTIP update, things are beginning to get moving again on this front. One reflection of the growing interesting in this important trade and investment agreement was the public discussion entitled "Internet, Trade and Democracy: Transatlantic Relations under the Shadow of Surveillance", held in Berlin, [...]

I gave a talk there with the title "TAFTA/TTIP - trade, Internet and democracy". My slides can be downloaded, and I've also embedded them below: [...] There is also a recording of the talk: [...]

In determining the amount of damages for infringement of intellectual property rights, a Party’s judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which mayinclude lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.

That's from Article 9, paragraph 1 of ACTA. Yes, entire paragraphs of ACTA have been cut and paste into the new EU-Singapore FTA. [...]

When you put all that together, it comes down to the fact that the documents that De Gucht wants to keep "confidential", are almost certainly known to everyone - the US, China, Russia, US industry etc. - everyone except the European public. [...]