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The '''Anti-Counterfeiting Trade Agreement (ACTA)''' is a global effort to improve and create international standards for the enforcement of Intellectual Property Rights laws against large scale IP Rights (IPR) infringements. The primary components of ACTA include (1) international cooperation (2) enforcement practices and (3)legal framework to enforce IPR.<ref>[http://trade.ec.europa.eu/doclib/docs/2008/october/tradoc_140836.11.08.pdf The Anti-Counterfeiting Trade Agreement, Fact sheet, Updated November 2008]</ref> On October 1, 2011,  United States, Australia, Canada, Korea, Japan, New Zealand, Morocco, and Singapore signed ACTA during a ceremony in Tokyo, Japan. On January 26, 2012, the members of the EU signed the agreement  despite street protests in France and Poland and international oppositions. <ref>[http://www.ustr.gov/acta ACTA Signing Participants in Tokyo, Japan on October 1, 2011]</ref> <ref>[http://infojustice.org/archives/7566 EU Signs ACTA Amid Protests and Growing International Opposition]</ref>  

The '''Anti-Counterfeiting Trade Agreement (ACTA)''' is a global effort to improve and create international standards for the enforcement of [[Intellectual Property]] Rights laws against large scale infringements. The primary components of ACTA include (1) international cooperation (2) enforcement practices and (3) legal framework to enforce IPR.<ref>[http://trade.ec.europa.eu/doclib/docs/2008/october/tradoc_140836.11.08.pdf The Anti-Counterfeiting Trade Agreement, Fact sheet, Updated November 2008]</ref> On October 1, 2011,  United States, Australia, Canada, Korea, Japan, New Zealand, Morocco, and Singapore signed ACTA during a ceremony in Tokyo, Japan. On January 26, 2012, the members of the EU signed the agreement  despite street protests in France and Poland and international opposition.<ref>[http://www.ustr.gov/acta ACTA Signing Participants in Tokyo, Japan on October 1, 2011]</ref> <ref>[http://infojustice.org/archives/7566 EU Signs ACTA Amid Protests and Growing International Opposition]</ref>  

==Background==

===Background===

In 2006, Japan and the United States introduced the idea of a new plurilateral treaty to combat counterfeiting and piracy which was called the  

In 2006, Japan and the United States introduced the idea of a new multilateral treaty to combat counterfeiting and piracy which was called the  

Anti-Counterfeiting Trade Agreement (ACTA) to bring together interested all governments worldwide that are willing to cooperate to improve the international standards to enforce the protection of Intellectual Property Rights. The European Union was mandated to lead the negotiation which started on June 2008.<ref>[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf The Anti-Counterfeiting Trade Agreement  - Summary of Key Elements Under Discussion]</ref> Any member of the World Trade Organization ([[WTO]]) supporting ACTA will be able to sign the agreement until May 2013.<ref>[http://www.mofa.go.jp/policy/economy/i_property/pdfs/acta1105_en.pdf Final Text of ACTA]</ref> The ACTA participants conducted series of negotiations discussing the content of the agreement. On April 16, 2010, a unanimous agreement was developed after the 8th round of egotiation which was held in Wellington, New Zealand.<ref>[http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/437&format=HTML&aged=0&language=EN&guiLanguage=en/ Joint Statement on Anti-Counterfeiting Trade Agreement (ACTA)]</ref> The text of the negotiated ACTA was reviewed by legal experts of each negotiating countries on December 2010 which was held in Sysdney Australia.<ref>

Anti-Counterfeiting Trade Agreement (ACTA) to bring together governments worldwide that are willing to improve international standards to enforce the protection of Intellectual Property Rights. The European Union was mandated to lead the negotiations, which started in June, 2008.<ref>[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf The Anti-Counterfeiting Trade Agreement  - Summary of Key Elements Under Discussion]</ref> Any member of the [[WTO|World Trade Organization]] (WTO) supporting ACTA should be able to sign the agreement after May, 2013.<ref>[http://www.mofa.go.jp/policy/economy/i_property/pdfs/acta1105_en.pdf Final Text of ACTA]</ref> ACTA participants conducted a series of negotiations discussing the content of the agreement. On April 16, 2010, a unanimous agreement was developed after the 8th round of negotiation which was held in Wellington, New Zealand.<ref>[http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/437&format=HTML&aged=0&language=EN&guiLanguage=en/ Joint Statement on Anti-Counterfeiting Trade Agreement (ACTA)]</ref> The text of the negotiated ACTA was reviewed by legal experts of each negotiating country in December, 2010 in a meeting held in Sysdney Australia.<ref>

[https://www.ige.ch/en/legal-info/legal-areas/counterfeiting-piracy/acta.html Conclusion of Negotiations]</ref> On November 15, 2010, the negotiating parties announced that they were able to finalized the content of ACTA. <ref>[https://www.ige.ch/fileadmin/user_upload/Juristische_Infos/e/press_releases/Press_release_finalised_text_10-11-15_published_IPI.pdf Joint Press Release by ACTA Negotiating Parties]</ref> The final text of the agreement is available [http://www.mofa.go.jp/policy/economy/i_property/pdfs/acta1105_en.pdf '''here''']

[https://www.ige.ch/en/legal-info/legal-areas/counterfeiting-piracy/acta.html Conclusion of Negotiations]</ref> On November 15, 2010, the negotiating parties announced that they were able to finalize the content of ACTA. <ref>[https://www.ige.ch/fileadmin/user_upload/Juristische_Infos/e/press_releases/Press_release_finalised_text_10-11-15_published_IPI.pdf Joint Press Release by ACTA Negotiating Parties]</ref> The final text of the agreement is available [http://www.mofa.go.jp/policy/economy/i_property/pdfs/acta1105_en.pdf '''here''']

==Structure==

==Structure==

ACTA is built under the structure of existing international rules on Intellectual Property particularly the Trade-Related Aspects of Intellectual Property Rights  ([[TRIPS]]) Agreement, a comprehensive multilateral agreement established to protect all forms of intellectual property rights in 1995.<ref>

ACTA is built under the structure of existing international rules on Intellectual Property, notably the Trade-Related Aspects of Intellectual Property Rights  ([[TRIPS]]) Agreement, a comprehensive multilateral agreement established to protect all forms of intellectual property rights in 1995.<ref>

[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf ACTA Structure and Content]</ref> <ref>[http://www.who.int/medicines/areas/policy/wto_trips/en/index.html WTO and TRIPS]</ref> The legal framework in enforcing IPR protection under the agreements respects civil liberties and the rights of consumers and it has provisions on border measures, civil and criminal enforcement as well as  Intellectual Property Rights Enforcement in the Digital Environment.<ref>[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf Legal Framework for Enforcement of Intellectual Property Rights]</ref>

[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf ACTA Structure and Content]</ref> <ref>[http://www.who.int/medicines/areas/policy/wto_trips/en/index.html WTO and TRIPS]</ref> The legal framework in enforcing IPR protection under the agreements respects civil liberties and the rights of consumers and it has provisions on border measures, civil and criminal enforcement as well as  Intellectual Property Rights Enforcement within Digital Environment.<ref>[http://www.ustr.gov/sites/default/files/uploads/factsheets/2009/asset_upload_file917_15546.pdf Legal Framework for Enforcement of Intellectual Property Rights]</ref>

==Supporters==

==Supporters==

The supporters of ACTA recognize the importance of an international treaty in protecting intellectual property rights and they will be able to regain their lost revenues if counterfeit and pirated goods will be stopped. Supporters of ACTA are major brand owners, copyright holders, movie studios, pharmaceutical companies which include:<ref>[http://www.ustr.gov/acta Support for ACTA]</ref> <ref>[http://www.wired.co.uk/news/archive/2012-01/24/acta-101?page=all What is Acta and why should you be worried about it?]</ref>  

The supporters of ACTA emphasize the importance of an international treaty for protecting intellectual property rights and the chance to regain lost revenue by stopping the exchange of counterfeit and pirated goods. Supporters of ACTA are major brand owners, copyright holders, movie studios, pharmaceutical companies, and include:<ref>[http://www.ustr.gov/acta Support for ACTA]</ref> <ref>[http://www.wired.co.uk/news/archive/2012-01/24/acta-101?page=all What is ACTA and why should you be worried about it?]</ref>  

* [[Copyright Alliance]]

* [[Copyright Alliance]]

* Emergency Committee for American Trade

* Emergency Committee for American Trade

* [[International Intellectual Property Alliance]]

* [[International Intellectual Property Alliance]]

* [[International Trademark Association]]

* [[INTA|International Trademark Association]]

* Motion Picture Association of America

* Motion Picture Association of America

* National Association of Manufacturers

* National Association of Manufacturers

* Viacom

* Viacom

==Oppositions==

==Opposition==

ACTA also receives criticisms and oppositions from different sectors particularly companies within the internet industry, legal academics, digital rights groups such as [[EFF|Electronic Frontier Foundation]], Public Knowledge, the Pirate Party, Reporters Without Borders, Oxfam, Sakharov Laureates, Hactivist Group Anynymous and Members of the European Parliament including EU parliamentary Rapporteur for ACTA, Kader Arif.<ref>

ACTA has also received criticism and opposition from many quarters, particularly companies within the Internet industry, legal academics, digital rights groups such as the [[EFF|Electronic Frontier Foundation]] (EFF), Public Knowledge, the Pirate Party, Reporters Without Borders, Oxfam, Sakharov Laureates, Hacktivist Group Anynymous and Members of the European Parliament including EU parliamentary Rapporteur for ACTA, Kader Arif.<ref>

[http://www.wired.co.uk/news/archive/2012-01/24/acta-101?page=all What is Acta and why should you be worried about it?]</ref> <ref>[http://www.studentsforfreeculture.eu/blog/2012/01/actas-eu-chief-kader-arif-resigns-in-protest/ ACTA’s EU chief Kader Arif resigns in protest]</ref>

[http://www.wired.co.uk/news/archive/2012-01/24/acta-101?page=all What is Acta and why should you be worried about it?]</ref> <ref>[http://www.studentsforfreeculture.eu/blog/2012/01/actas-eu-chief-kader-arif-resigns-in-protest/ ACTA’s EU chief Kader Arif resigns in protest]</ref>

===EFF Says ACTA is Undemocratic===

===EFF Says ACTA is Undemocratic===

Critics of ACTA argue that the treaty is undemocratic. According to EFF, ACTA was "negotiated in secret  and it bypassed checks and balances of existing international IP norm-setting bodies, without any meaningful input from national parliaments, policymakers, or their citizens." In addition, EFF said that the worst part of the treaty is the creation of an "ACTA Committee" which will serve as a new global institution with a mandate to implement the treaty without legal obligation to be transparent in its proceedings. EFF pointed out that ACT is undemocratic in substance and in process.<ref>[https://www.eff.org/deeplinks/2012/01/we-have-every-right-be-furious-about-acta We Have Every Right to Be Furious About ACTA]</ref>

Critics of ACTA argue that the treaty is undemocratic. According to the EFF, ACTA was "negotiated in secret  and it bypassed checks and balances of existing international IP norm-setting bodies, without any meaningful input from national parliaments, policymakers, or their citizens." In addition, the EFF said that the worst part of the treaty is the creation of an "ACTA Committee" which will serve as a new global institution with a mandate to implement the treaty without legal obligation to be transparent in its proceedings. EFF pointed out that ACTA is undemocratic in substance and in process.<ref>[https://www.eff.org/deeplinks/2012/01/we-have-every-right-be-furious-about-acta We Have Every Right to Be Furious About ACTA]</ref>

===Law Professors Say ACTA is Unconstitutional===

===Law Professors Say ACTA is Unconstitutional===

===Citizens Against ACTA===

===Citizens Against ACTA===

A petition online was launched by citizens and residents of New Zealand asking their government to withdraw from the treaty. According to the petitioners, ACTA is "offensive, negotiated by a small club of like minded countries" without a democratic debate and it bypassed parliaments and international organizations and it is a "major threat to freedom of expression online and creates legal uncertainty for Internet companies." <ref>[http://www.petitiononline.co.nz/petition/citizens-against-acta-anti-counterfeiting-trade-agreement/1442 Citizens Against ACTA]</ref>

An online petition was launched by citizens and residents of New Zealand asking their government to withdraw from the treaty. According to the petitioners, ACTA is "offensive, negotiated by a small club of like minded countries" without a democratic debate and it bypassed parliaments and international organizations and it is a "major threat to freedom of expression online and creates legal uncertainty for Internet companies." <ref>[http://www.petitiononline.co.nz/petition/citizens-against-acta-anti-counterfeiting-trade-agreement/1442 Citizens Against ACTA]</ref>

===Members of the European Parliament Oppose ACTA===

===Members of the European Parliament Oppose ACTA===

Four Members of the European Parliament (MEP) namely Stavros Lambrinidis (Greek, Socialist), Zuzana Roithova (Czech, EPP), Alexander Alvaro (Germany, Liberal) and Francoise Castex (France, Socialist) expressed their opposition to ACTA and asked all ACTA documents to be disclosed to the public. According to them the treaty lacks transparency and it should not weaken freedom of expression and privacy. They express concern over the introduction of new criminal sanctions, the possibility that ACTA might hinder the global access to legal, affordable and safe medicines.<ref>[http://www.iptegrity.com/index.php/acta/474-european-parliament-acta-declaration European Parliament ACTA Declaration]</ref>

Four Members of the European Parliament (MEP) namely Stavros Lambrinidis (Greek, Socialist), Zuzana Roithova (Czech, EPP), Alexander Alvaro (Germany, Liberal) and Francoise Castex (France, Socialist) expressed their opposition to ACTA and asked all ACTA documents to be disclosed to the public. According to them the treaty lacks transparency and it should not weaken freedom of expression and privacy. They expressed concern over the introduction of new criminal sanctions, and the possibility that ACTA might hinder the global access to legal, affordable and safe medicines.<ref>[http://www.iptegrity.com/index.php/acta/474-european-parliament-acta-declaration European Parliament ACTA Declaration]</ref>

===EU Rapporteur for ACTA Resigns in Protest===

===EU Rapporteur for ACTA Resigns in Protest===

On January 27, 2012, Kader Arif, EU parliamentary rapporteur resigned from his position in protest of the treaty. He described the process of the international agreement as "problematic." According to him, "This agreement might have major consequences on citizens’ lives, and still, everything is being done to prevent the European Parliament from having its say in this matter. That is why today, as I release this report for which I was in charge, I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade." <ref>

On January 27, 2012, Kader Arif, EU parliamentary rapporteur resigned from his position in protest of the treaty. He described the process of the international agreement as "problematic." According to him, "This agreement might have major consequences on citizens’ lives, and still, everything is being done to prevent the European Parliament from having its say in this matter. That is why today, as I release this report for which I was in charge, I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade."<ref>

[http://www.studentsforfreeculture.eu/blog/2012/01/actas-eu-chief-kader-arif-resigns-in-protest/ ACTA's EU chief Kader Arif resigns in protest]</ref>

[http://www.studentsforfreeculture.eu/blog/2012/01/actas-eu-chief-kader-arif-resigns-in-protest/ ACTA's EU chief Kader Arif resigns in protest]</ref>

==References==

==References==

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[[Category:Glossary]]

[[Category:Glossary]]