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Anti-Counterfeiting Trade Agreement

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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.[1] 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. [2] [3]

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 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.[4] Any member of the World Trade Organization (WTO) supporting ACTA will be able to sign the agreement until May 2013.[5] 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.[6] The text of the negotiated ACTA was reviewed by legal experts of each negotiating countries on December 2010 which was held in Sysdney Australia.[7] On November 15, 2010, the negotiating parties announced that they were able to finalized the content of ACTA. [8] The final text of the agreement is available here

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.[9] [10] 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.[11]

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:[12] [13]

Oppositions

ACTA also receives criticisms and oppositions from different sectors particularly the internet industry, digital rights groups such the Electronic Frontier Foundation the Pirate Party, Reporters Without Borders, Oxfam, Sakharov Laureates, Hactivist Group Anynymous and Members of the European Parliament and EU parliamentary Rapporteur for ACTA, Kader Arif.[14] [15]

References


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