Intellectual Property Enforcement

Intellectual Property Enforcement

A Commentary on the Anti-Counterfeiting Trade Agreement (ACTA)

Elgar Commentaries series

Michael Blakeney

This important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment.

Chapter 12: International Cooperation

Michael Blakeney

Subjects: law - academic, intellectual property law, law -professional, intellectual property law

Extract

INTRODUCTION Chapter IV of ACTA deals with the general subject of international cooperation in IPR enforcement. This includes cooperation between law enforcement authorities, information-sharing and capacity-building and technical assistance. It is a trite observation that the modern trade in infringing goods, whether by physical transportation systems or online, will often involve a number of parties in various countries. Consequently, cooperation between enforcement agencies in different countries is extremely important in counteracting this trade. For example, INTERPOL reported in 2009 that transnational organized criminals in Southeast Asia were responsible for the flow of counterfeit anti-malarial medicines into parts of Africa.1 Of course, countries involved in the negotiation of ACTA have not waited for this agreement before engaging in international cooperation in IPR enforcement. For example, as early as 1979, during the Tokyo Round of the GATT, the US and the EC proposed an Anti-Counterfeiting Code,2 which was a precursor to the TRIPS Agreement. A number of international, intergovernmental and regional organizations have concerned themselves with IPR enforcement. INTERNATIONAL ORGANIZATIONS United Nations On the initiative of the United Nations Office of Drug Control and Crime Prevention, a UN Convention against Transnational Organized Crime was promulgated in December 2000. The Convention deals with issues related to contraband and money laundering and identifies the exclusion of criminal 1 http://www.ul.com/global/documents/offerings/services/programs/anti counterfeitingoperations/conference/2009_IP_Crime_Conference_Article.pdf. 2 Agreement on Measures to Discourage the Importation of Counterfeit Goods GATT Doc. No. L/4817, 31 July 1979. 321 322 Intellectual property enforcement groups from legal businesses and...

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