U.S. and Key Trading Partners to Negotiate New Anti-Counterfeiting Trade Agreement
The Office of the U.S. Trade Representative has issued a press release announcing that the U.S. and some of its key trading partners will seek to negotiate an Anti-Counterfeiting Trade Agreement (ACTA) in an effort to combat the global problem of intellectual property rights (IPR) counterfeiting and piracy.
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U.S. trading partners engaged in discussions so far include Canada, the European Union (with its 27 Member States), Japan, Korea, Mexico, New Zealand, and Switzerland. No precise deadline has been agreed for conclusion of the negotiations.
World-wide Trade in Counterfeit Goods Estimated at $200 Billion Annually
According to a 2007 study by the Organization for Economic Co-operation and Development (OECD), the estimated annual value of international physical trade in counterfeited goods is $200 billion, an amount equivalent to 2% of world trade and higher than the GDP of 150 countries.
Goal is to Set Common Standards, Higher Benchmarks for IPR Enforcement
A USTR fact sheet on ACTA states that one of its goals is to establish a common standard for IPR enforcement. Another goal is to set new, higher benchmarks for IPR enforcement that countries can join on a voluntary basis.
According to the USTR, ACTA would complement the Bush Administration's work to encourage other countries to meet the enforcement standards of the World Trade Organization (WTO) agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (and other international IPR agreements) and would not involve any changes to the existing TRIPS agreement.
Provisions Include International IPR Cooperation, Enforcement, Legal Framework
The participants in this effort will elaborate on a vision, developed over the past year, for a new agreement addressing three main areas: cooperation, best practices in enforcement, and a strong legal framework for IPR enforcement.
ACTA provisions would include the following:
International cooperation: According to the USTR, cooperation among the parties is a key component of the agreement - including sharing of information and cooperation between members' law enforcement authorities, such as Customs and other relevant agencies. Areas for possible provisions include:
o capacity building and technical assistance in improving enforcement, and
o international cooperation among enforcement agencies.
Best practices in enforcement:To establish "best practices" in enforcement that promote strong IPR protection in coordination with right holders and trading partners to support the application of the relevant legal tools, as outlined by the Legal Framework. Areas for possible provisions include:
o formal or informal public/private advisory groups;
o fostering of specialized IPR expertise within law enforcement structures to ensure effective handling of IPR cases; and
o measures for raising consumer public awareness about the importance of IPR protection and the detrimental effects of IPR infringements;
Legal framework: To have a strong and modern legal framework so that law enforcement agencies, the judiciary, and private citizens have the most up-to-date tools necessary to effectively bring counterfeiters and pirates to justice. Areas for possible provisions include:
o criminal enforcement;
o border measures;
o civil enforcement;
o optical disc piracy; and
o Internet distribution and information technology.
USTR press release (dated 10/23/07) available at http://www.ustr.gov/Document_Library/Press_Releases/2007/October/Ambassador_Schwab_Announces_US_Will_Seek_New_Trade_Agreement_to_Fight_Fakes.html
USTR ACTA fact sheet (dated October 2007) available at http://www.ustr.gov/assets/Document_Library/Reports_Publications/2007/asset_upload_file122_13414.pdf
BP Note
The World Customs Organization (WCO) and Dubai Customs will host the fourth Global Congress Combating Counterfeiting and Piracy in Dubai, February 3-5, 2008.
(Conference Information available at http://www.ccapcongress.net/)