A Commentary on the Anti-Counterfeiting Trade Agreement (ACTA)
Elgar Commentaries series
Anti-Counterfeiting Trade Agreement
The Parties to this Agreement, Noting that effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally; Noting further that the proliferation of counterfeit and pirated goods, as well as of services that distribute infringing material, undermines legitimate trade and sustainable development of the world economy, causes significant financial losses for right holders and for legitimate businesses, and, in some cases, provides a source of revenue for organized crime and otherwise poses risks to the public; Desiring to combat such proliferation through enhanced international cooperation and more effective international enforcement; Intending to provide effective and appropriate means, complementing the TRIPS Agreement, for the enforcement of intellectual property rights, taking into account differences in their respective legal systems and practices; Desiring to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Desiring to address the problem of infringement of intellectual property rights, including infringement taking place in the digital environment, in particular with respect to copyright or related rights, in a manner that balances the rights and interests of the relevant right holders, service providers, and users; Desiring to promote cooperation between service providers and right holders to address relevant infringements in the digital environment; Desiring that this Agreement operates in a manner mutually supportive of international enforcement work and cooperation conducted within relevant international organizations; Recognizing the principles set forth in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on 14...
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