Further Opportunities

Intellectual Property

Frequently Asked Questions on Anti-Counterfeiting Trade Agreement (ACTA)

What is the objective of the proposed ACTA?

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.

The ACTA would build on and complement existing international legal frameworks pertaining to the protection and enforcement of intellectual property rights, including the Agreement on Trade-Related Intellectual Property Issues (TRIPs) under the World Trade Organization.

Which countries are involved?

Australia, Canada, the European Union, Japan, Jordan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, the United Arab Emirates, and the United States are involved in the discussions.

What is the status of the negotiations? What is the timetable and when will ACTA come into force?

A timeframe has not been determined nor have the parties considered a deadline to complete negotiations. It is expected that there will be a number of meetings as we deal with different aspects of the agreement.

Why has this process been kept from the public?

This process has not been kept from the public. On October 23, 2007, the partners involved in ACTA at that time publicly announced that they had initiated preliminary discussions on ACTA. Several countries involved in ACTA have conducted public consultations on the key proposed elements of the ACTA.

What impact will ACTA have on individual citizens?

The main objective of ACTA is to deal with commercial-scale counterfeiting and piracy activities, which can involve criminal elements and pose a threat to public health and safety. It is not designed to be intrusive.

Will ACTA be discussed at this year’s G8 Summit in Japan?

The ACTA and the G-8 are distinct and independent processes.

Why is ACTA not discussed in existing international organizations dealing with intellectual property, such as the World Intellectual Property Organization (WIPO) or the World Trade Organization (WTO)?

The approach of a stand-alone agreement is considered appropriate to pursue this initiative at this stage. The partners involved in ACTA continue to value the important work of multilateral organizations, such as WIPO, WTO, APEC, OECD and others.

Why are countries recognized as the major sources of counterfeiting and piracy not involved?

At this point, the objective is to have a group of like-minded countries come together to work on ways to provide better protection and enforcement of intellectual property rights. Counterfeiting and piracy is a growing global issue that has become a concern for all, in particular the adverse effects that such activities can have on a nation’s economy, as well as on the public health and safety of the population. Organized criminal groups have also been involved in counterfeiting and piracy.