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ACTA: A Quick Overview

This overview provides information on the Anti-Counterfeiting Trade Agreement (ACTA), including its origins, transparency issues, content, and controversies.

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ACTA: A Quick Overview

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  1. ACTA: A Quick Overview Jonathan Band Jonathan Band PLLC • jband@policybandwidth.com 1

  2. Anti-Counterfeiting Trade Agreement • Holy Roman Empire? • Plurilateral Approach • Preliminary discussions in 2006; announcement in 2007; negotiations begin in 2008 • Bad experiences with WIPO (Broadcast Treaty, Development Agenda), WTO (Doha Round) • Bilaterals too slow • Based on U.S. Free Trade Agreements • U.S., EU, Japan, Canada, Australia, NZ, etc. 2

  3. Executive Agreement • Unlike treaty, does not require Senate ratification • Cannot change U.S. law (directly) • But no other country wants to change its law either… 3

  4. Transparency • Initially drafts were secret • (Internet chapter available under an NDA) • Secrecy led to rumors • Mandatory graduated response (“three strikes”) • Searching iPods at the border • EU Parliament Resolution re transparency • Draft released on April 21, 2010 4

  5. Content • What does it do? • Unclear because so much is still in brackets • Much relatively uncontroversial • International Cooperation • Technical Assistance 5

  6. Content • More controversial: • Scope of agreement – all IP? • Civil enforcement : statutory damages • Criminal enforcement : patent infringement? (Many countries do not have criminal penalties for IP infringement) • Internet chapter • Secondary liability • DMCA safe harbors • DMCA anticircumvention provisions • No mandatory exceptions • Coloring within the lines of U.S. law? 6

  7. Thank you for your attention! 7

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