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 13: Institutional Arrangements

Michael Blakeney

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


CHAPTER V INSTITUTIONAL ARRANGEMENTS Article 36: The ACTA Committee 1. The Parties hereby establish the ACTA Committee. Each Party shall be represented on the Committee. In the early meetings of the Global Congress on Counterfeiting and Piracy, when ACTA was first mooted, the proponents of ACTA were uncertain about its ultimate destination and were searching for an international organization to act as a foster parent. When this did not eventuate, Canada in June 2008 proposed the creation of an international organization for ACTA oversight with the functions of: • supervising ACTA implementation (and also considering amendments, interpretations and modifications); • establishing and delegating responsibilities to ad hoc working groups; • assisting with resolving any disputes that may arise regarding the interpretation of application of ACTA; • ensuring that ACTA avoids duplication of other international efforts regarding IP enforcement; • seeking input from non-governmental persons or groups, particularly with respect to best practices in the field of intellectual property enforcement; • endorsing best practice guidelines for implementing ACTA; • supporting the efforts of international organizations active in the field of intellectual property enforcement; • assisting non-party governments with developing assessments of the benefits of accession to ACTA; and • adopting its own rules of procedure.1 The ACTA Committee established by Article 36 has much more modest or at least less explicit functions. The location of the committee is not identified, nor are provisions made for a budget or secretariat. ACTA: Non-Paper on institutional issues under the Agreement, 9 June 2008, 349 1 350 Intellectual...

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