IP NewsAnti-Counterfeiting Trade Agreement (ACTA)

Presented by Tony Wu on 2011.11.07

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What’s

ACTA ?

The ACTA providing a mechanism for the parties to work together in a more collaborative manner to achieve the common goal of effective IPR enforcement.

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ACTA Signing Participants in Tokyo, Japan on October 1, 2011

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Signatory

• Australia

• Canada

• Japan

• Republic of Korea

• Morocco

• New Zealand

• Singapore

• the United States

– signed the Agreement, and took a major step toward its entry into force.

– Article 39 of ACTA specifies that the agreement is open for signature until 31 March 2013.

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Participants

The European Union

Mexico

Switzerland

– attended the ceremony and confirmed their continuing strong support for and preparations to sign the Agreement as soon as practicable.

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Ambassador Sapiro Signs the ACTA in Tokyo, Japan on October 1, 2011 as Japanese Foreign Minister Koichiro Gemba and Canadian Trade Minister Ed Fast look on.

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Background

• 2005 Japan’s proposal at the G8 Gleneagles

• 2006Japan and the United States jointly reached out to other partners to develop the idea of a new plurilateral agreement

• 2007An announcement of the initiative.

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Background

• June ,2008 Formal negotiations started.

• October, 2010The final Round of negotiations was held in Japan.

• May 1, 2011The ACTA opened for signature.

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The ACTA provides for:

1) Enhanced international cooperation

2) Promotion of sound enforcement practices

3) A legal framework for IPR enforcement in the areas of criminal enforcement, enforcement at the border, civil and administrative actions, and distribution of IPR infringing material on the Internet.

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Influence

When it enters into force with all participants, the ACTA will formalize the legal foundation for a first-of-its-kind alliance of trading partners, representing more than half of world trade.

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Contribution

The ACTA establishes as trengthened standard that builds on the minimum standards of the WTO Agreement on TRIPS.

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Contribution

According to a USTR fact sheet, the ACTA includes the following provisions…

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Enforcement at the border

Requires that border enforcement authorities be empowered to act on their own initiative against both imports and exports of counterfeit and pirated goods.

邊境主管機關 (海關 )得針對盜版和仿冒品的進出口業務，主動執法

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"fixes a gap in existing standards that has sometimes meant customs officials are powerless to take action against fake goods"

Criminal enforcement

Requires that criminal authorities be able to act on their own initiative in piracy and counterfeiting cases, rather than waiting for a complaint from a right-holder.

(該國 )刑事專責機關針對盜版和仿冒，不須待權利人投訴，即得主動執法。

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Commercial advantage

Further clarifies existing international requirements for the availability of criminal penalties when piracy or counterfeiting is carried out for commercial advantage.

在盜版或仿冒獲得商業利益的情況下，擴大解釋現有國際刑事罰則要求的適用。

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“make it harder for foreign companies to steal U.S. intellectual property and then use it to make themselves more competitive"

Shipping separately

Requires criminal remedies against the importation or use of labels or packaging for counterfeit goods.

對單純將盜版或仿冒品外包裝分開運送的情況制定刑事補救措施。

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"preventing counterfeiters from escaping punishment by simply shipping labels or packaging separately from the products "

Seizure and destruction

Includes new rules on criminal seizure and destruction of fake goods, seizure of the equipment and materials used in their manufacture and seizure of the criminal proceeds from piracy and counterfeiting offenses.

沒收 /銷毀仿冒品、沒收使用的設備 /材料

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"take away both ill-gotten gains and the tools of illicit trade"

Digital security technologies

Clarifies existing international requirements to protect against the circumvention of digital security technologies such as passwords or encryption.

在涉及數位安全技術的情況下 (密碼、加密 )，擴大解釋現有國際刑事罰則要求的適用。

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Copyright piracy on digital networks

Creates a first-ever binding commitment to address copyright piracy on digital networks while preserving principles such as freedom of expression, fair process and privacy.

創造第一個對網路著作權侵害具約束力的條款，但仍保留言論自由、公正程序、隱私等原則 (存疑 )

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Future

The next step in bringing the ACTA into force is the depositof instruments of ratification, acceptance, or approval(送交國會批准 ). The agreement will enter into force following the deposit of such instrument.

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The attitude held by the people of EU

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Q&A

• How many countries had sign ACTA?

• Explain one provision of ACTA.

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End

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