A Commentary on the Anti-Counterfeiting Trade Agreement (ACTA)
Chapter 13: Institutional Arrangements
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, http://keionline.org/sites/default/files/Non_paper_on_Institutional_Issues.pdf 349 1 350 Intellectual...
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