Personal (and still not finished) analysis of the Anti-Counterfeiting Trade Agreement (ACTA)
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Personal (and still not finished) analysis of the Anti-Counterfeiting Trade Agreement (ACTA)

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It is a first (and still unfinished version) analysis of the ACTA (based on the version published on May 27th 2011). I will periodically update the file.

It is a first (and still unfinished version) analysis of the ACTA (based on the version published on May 27th 2011). I will periodically update the file.

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Personal (and still not finished) analysis of the Anti-Counterfeiting Trade Agreement (ACTA) Presentation Transcript

  • 1. ACTA: Personal analysisAxel Beelen, lawyer in house at SAJ (Belgium)3 Juin 2011 1
  • 2. ✤ Analyse based on the version published on May 27th 2011✤ 25 pages✤ 45 articles & 6 chapters✤ Has to be read having the TRIPS Agreement in mind 2
  • 3. Noting that...Complement to the TRIPS AgreementDesiring to address the problem of infringement of intellectualproperty rights, including infringement taking place in the digitalenvironmentDesiring to promote cooperation between service providers and rightholders to address relevant infringements in the digital environment 3
  • 4. Table of content✤ Chapter 1: INITIAL PROVISIONS AND GENERAL DEFINITIONS✤ Chapter 2: LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS✤ Chapter 3: ENFORCEMENT PRACTICES✤ Chapter 4: INTERNATIONAL COOPERATION✤ Chapter 5: INSTITUTIONAL ARRANGEMENTS✤ Chapter 6: FINAL PROVISIONS 4
  • 5. Chapter 1✤ Section 1: Initial Provisions✤ Section 2: General Definitions 5
  • 6. Chapter 1, Section 1✤ Article 1 to 4✤ Nothing in this Agreement shall derogate from any obligation of a Party with respect to any other Party under existing agreements, including the TRIPS Agreement.✤ Each Party shall give effect to the provisions of this Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.✤ This Agreement shall be without prejudice to provisions in a Party’s law governing the availability, acquisition, scope, and maintenance of intellectual property rights. 6
  • 7. Chapter 1, Section 2✤ Article 5✤ Definitions (17) of: ACTA, Committee, competent authorities, counterfeit trademark goods, country, customs transit, days, intellectual property, in-transit goods, person, pirated copyright goods, right holder, territory, transhipment, TRIPS Agreement, WTO & WTO Agreement 7
  • 8. Chapter 2✤ Section 1: General Obligations✤ Section 2: Civil Enforcement✤ Section 3: Border Measures✤ Section 4: Criminal Enforcement✤ Section 5: Enforcement of Intellectual Property Rights in the Digital Environment 8
  • 9. Chapter 2, Section 1: Generalobligations✤ Article 6✤ 9
  • 10. Chapter 2, Section 2✤ Article 7 to 12 10
  • 11. Chapter 2, Section 3✤ Article 13 to 22 11
  • 12. Ch apter 2, Section 4✤ Article 23 to 26 12
  • 13. Chapter 2, Section 5✤ Article 27 13
  • 14. Chapter 3✤ Article 28 to 32 14
  • 15. Chapter 4✤ Article 33 to 35 15
  • 16. Chapter 5✤ Article 36 to 38 16
  • 17. Chapter 6✤ Article 39 to 45 17