jonathan band jonathan band pllc [email protected] acta: a quick overview 1
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Anti-Counterfeiting Trade Agreement
• Holy Roman Empire?
• Plurilateral Approach• Preliminary discussions in 2006; announcement in 2007;
negotiations begin in 2008
• Bad experiences with WIPO (Broadcast Treaty, Development Agenda), WTO (Doha Round)
• Bilaterals too slow
• Based on U.S. Free Trade Agreements
• U.S., EU, Japan, Canada, Australia, NZ, etc.
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Executive Agreement
• Unlike treaty, does not require Senate ratification
• Cannot change U.S. law (directly)
• But no other country wants to change its law either…
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Transparency
• Initially drafts were secret(Internet chapter available under an NDA)
• Secrecy led to rumors• Mandatory graduated response (“three strikes”)• Searching iPods at the border
• EU Parliament Resolution re transparency
• Draft released on April 21, 2010
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Content
• What does it do?• Unclear because so much is still in brackets• Much relatively uncontroversial
– International Cooperation– Technical Assistance
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Content
• More controversial:• Scope of agreement – all IP?• Civil enforcement : statutory damages• Criminal enforcement : patent infringement? (Many countries
do not have criminal penalties for IP infringement)• Internet chapter
– Secondary liability– DMCA safe harbors– DMCA anticircumvention provisions
• No mandatory exceptions• Coloring within the lines of U.S. law?
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Thank you for your attention!
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