Further Opportunities

Intellectual Property

Anti-Counterfeiting Trade Agreement - Fact Sheet

The proposed Anti-Counterfeiting Trade Agreement (ACTA) aims to establish new global standards for the enforcement of intellectual property rights (IPR) to more effectively combat the increasingly prolific trade in counterfeit and pirated goods. The ACTA would focus on 3 areas: a) increasing international cooperation, b) establishing best practices for enforcement, and c) providing a more effective legal framework to combat counterfeiting and piracy.

International Cooperation: Cooperation among the parties to the agreement would be a vital aspect of the ACTA – specifically cooperation and sharing of information between law enforcement authorities, including Customs and other applicable agencies. Possible provisions in this area could include:

• International cooperation among enforcement agencies; and

• Capacity building and technical assistance in improving enforcement.

Enforcement Practices: Proponents of the ACTA believe it is crucial to establish enforcement “best practices” that promote strong IP protection in collaboration with trading partners and right holders. These practices would support the application of the relevant legal tools. Areas for possible provisions include:

• Formal or informal public/private advisory groups;

• Fostering of specialized intellectual property expertise within law enforcement structures to ensure effective handling of IPR cases; and

• Measures for raising consumer public awareness about the importance of IPR protection and the detrimental effects of IPR infringements.

Legal Frameworks: The final pillar of the ACTA would strive to provide private citizens, law enforcement agencies, and the judiciary with the appropriate tools to deal effectively with counterfeiting and piracy through a strong and modern legal framework. Areas for possible provisions include:

• Criminal enforcement;
• Border measures;
• Civil enforcement;
• Optical disc piracy; and
• Internet distribution and information technology.

To date, only informal discussions have taken place. Formal negotiations are expected to begin in the course of 2008.