Anti-Counterfeiting Trade Agreement
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]
- Copyright Alliance
- Emergency Committee for American Trade
- International Intellectual Property Alliance
- International Trademark Association
- Motion Picture Association of America
- National Association of Manufacturers
- Recording Industry Association of America
- Software & Information Industry Association
- U.S. Chamber of Commerce
- United States Council for International Business
- U.S. House Judiciary Committee Chairman Lamar Smith (R-Texas)
- Glaxo Smith Kline
- Pfizer
- Sanofi-Aventis
- Monsanto Company
- Time Warner
- Sony
- Verizon
- The Walt Disney Company,
- News Corporation
- Viacom
Oppositions
References
- ↑ The Anti-Counterfeiting Trade Agreement, Fact sheet, Updated November 2008
- ↑ ACTA Signing Participants in Tokyo, Japan on October 1, 2011
- ↑ EU Signs ACTA Amid Protests and Growing International Opposition
- ↑ The Anti-Counterfeiting Trade Agreement - Summary of Key Elements Under Discussion
- ↑ Final Text of ACTA
- ↑ Joint Statement on Anti-Counterfeiting Trade Agreement (ACTA)
- ↑ Conclusion of Negotiations
- ↑ Joint Press Release by ACTA Negotiating Parties
- ↑ ACTA Structure and Content
- ↑ WTO and TRIPS
- ↑ Legal Framework for Enforcement of Intellectual Property Rights
- ↑ Support for ACTA
- ↑ What is Acta and why should you be worried about it?