ACTA
Contents1
- 0 Preamble
- Art. 01 Relation to Other Agreements
- Art. 02 Nature and Scope of Obligations
- Art. 03 Relation to Standards concerning the Availability and Scope of Intellectual Property Rights
- Art. 04 Privacy and Disclosure of Information
- Art. 05 General Definitions
- Art. 06 General Obligations with Respect to Enforcement
- Art. 07 Availability of Civil Procedures
- Art. 08 Injunctions
- Art. 09 Damages
- Art. 10 Other Remedies
- Art. 11 Information Related to Infringement
- Art. 12 Provisional Measures
- Art. 13 Scope of Border Measures
- Art. 14 Small Consignments and Personal Luggage
- Art. 15 Provision of Information from the Right Holde
- Art. 16 Border measures
- Art. 17 Application by the Right Holder
- Art. 18 Security or Equivalent Assurance
- Art. 19 Determination as to Infringement
- Art. 20 Remedies
- Art. 21 Fees
- Art. 22 Disclosure of Information
- Art. 23 Criminal Offences
- Art. 24 Penalties
- Art. 25 Seizure, Forfeiture, and Destruction
- Art. 26 Ex Officio Criminal Enforcement
- Art. 27(1,2) Enforcement in the Digital Environment
- Art. 27(3)
- Art. 27(4)
- Art. 27(5)
- Art. 27(6)
- Art. 27(7)
- Art. 27(8)
- Art. 28 Enforcement Expertise, Information, and Domestic Coordination
- Art. 29 Management of Risk at Border
- Art. 30 Transparency
- Art. 31 Public Awareness
- Art. 32 Environmental Considerations in Destruction of Infringing Goods
- Art. 33 International Cooperation
- Art. 34 Information Sharing
- Art. 35 Capacity Building and Technical Assistance
- Art. 36 The ACTA Committee
- Art. 37 Contact Points
- Art. 38 Consultations
- Art. 39-45
Introduction
Anti-Counterfeiting Trade Agreement (ACTA) between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America
See EU ACTA page, and full text.
Objective
- combat the proliferation of counterfeit and pirated goods, as well as of services that distribute infringing material through enhanced international cooperation and more effective international enforcement;
- provide effective and appropriate means, complementing the TRIPS Agreement, for the enforcement of intellectual property rights, taking into account differences in the legal systems and practices of the members to the agreement;
- ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;
- 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;
- promote cooperation between service providers and right holders to address relevant infringements in the digital environment;
- An Agreement that operates in a manner mutually supportive of international enforcement work and cooperation conducted within relevant international organizations;
Parties
the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation, the United States of America
Issues
See the discussion and links to opponent's arguments at http://www.facebook.com/DigitalAgenda
ACTA Why You Should Support It
Jan Goossenaerts
@collaboratewiki
The article by William New, Intellectual Property Watch (23 January 2012) identifies three factors, and provides evidence for them:
Jan Goossenaerts
@collaboratewiki
… and this is before ACTA is effective?
Jan Goossenaerts
@collaboratewiki
Taking into consideration the lessons and proposals highlighted by Yochai Benkler, in his article Seven Lessons from SOPA/PIPA/Megaupload and Four Proposals on Where We Go From Here (January 25, 2012) one could ask these questions:
PS. Text of SOPA and comments on it are at SOPA (in the Actor Atlas).
Jan Goossenaerts
@collaboratewiki
The Avaaz.org petition seems to have all the answers, yet where is the evidence for their statements?
One example: A shadowy new anti-counterfeiting body?
…and already more than one million signers.
Jan Goossenaerts
@collaboratewiki
A link to the statement explaining the position of Kader Arif's (MEP).
Jan Goossenaerts
@collaboratewiki
Will we find answers in this letter: Over 75 Law Profs Call for Halt of ACTA (October 28, 2010),
referenced in Meet SOPA's evil twin, ACTA (CNNMoney, January 26, 2012).
Jan Goossenaerts
@collaboratewiki
Further resources included in a Tweet Chat with EU Commissioner Neelie Kroes (January 30, 2012, 15:00-15:40). Check out #askneelie on Twitter.
Jan Goossenaerts
@collaboratewiki
See this website http://www.laquadrature.net/en/ACTA for an overview of ACTA related news and opinions, and http://www.laquadrature.net/wiki/Against_ACTA for a list of documents or public statements against the Anti-Counterfeiting Trade Agreement.
Jan Goossenaerts
@collaboratewiki
http://storify.com/ajstream/acta-questions-and-comments
Jan Goossenaerts
@collaboratewiki