Author: Michael Blakeney
Publisher: Edward Elgar Publishing
ISBN: 1781006008
Category : Law
Languages : en
Pages : 407
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Book Description
'Professor Blakeney has written a detailed work on the current state of international enforcement of intellectual property rights. Using the background to, and the negotiation of, the Anti-Counterfeiting Trade Agreement, as well as the provisions of the ACTA itself, the book is a mine of information and analysis. Professor Blakeney's long experience of work on the laws and practice of IPR enforcement as a right-holder, an administrator, and as an academic and researcher, are second to none and it shows in this all-encompassing work.' – John Anderson, Global Anti-Counterfeiting Network This important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment. This book will strongly appeal to intellectual property rights policymakers at the World Trade Organization and World Intellectual Property Organization, legal practitioners, academics and students.
Author: Parties to the Agreement
Publisher: Good Press
ISBN:
Category : Fiction
Languages : en
Pages : 46
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Book Description
"Anti-Counterfeiting Trade Agreement" is a multilateral treaty to establish international standards for intellectual property rights enforcement that did not enter into force. The agreement focuses on establishing an international legal framework for targeting counterfeit goods, generic medicines, and copyright infringements on the internet. It would create a new governing body outside existing forums.
Author: Anselm Kamperman Sanders
Publisher:
ISBN: 9789282340295
Category :
Languages : en
Pages : 74
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Book Description
Author: L. Peets
Publisher:
ISBN:
Category : Trademarks
Languages : en
Pages : 3
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Author:
Publisher:
ISBN:
Category : Anti-Counterfeiting Trade Agreement
Languages : en
Pages : 135
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Book Description
Author: Anselm Kamperman Sanders
Publisher:
ISBN:
Category :
Languages : en
Pages : 76
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Book Description
The ACTA was motivated by a desire to establish equivalent provisions in international trade agreements containing rules on anti-counterfeiting. This is important at a time when free trade agreements are being negotiated by different parties. For the European Union it is also of importance to protect EU intellectual property rights (IPR) as future EU competitiveness depends on its ability to move into higher value added activities such as those for which IPRs are important. At the same time international agreements on IPRs will only be sustainable when they have the support of all parties. Within the EU the ACTA has also been the source of some concerns regarding the non-transparent way it was negotiated and whether it meets to aims agreed by the European Parliament and Commission that it would be compatible with the existing acquis communautaire and the World Trade Organisation's Trade Related intellectual Property rights (TRIPs) Agreement.
Author: Bryan Mercurio
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The Anti-Counterfeiting Trade Agreement (ACTA) aims to combat the proliferation of counterfeit and pirated goods 'through enhanced international cooperation and more effective international enforcement'. Despite news reports and academic commentary to the contrary, the first part of this article demonstrates that the finalized version of the ACTA does not meaningfully enhance the international intellectual property (IP) law framework as it relates to international cooperation or international enforcement and therefore does not pose a substantial risk to the public or to domestic sovereignty. This is not to say that the ACTA does not have value; the second part of the article argues that the real significance of the ACTA lies not in its textual obligations but more in the effect it will potentially have as a starting point in multilateral and bilateral trade negotiations, as an alternative forum for IP rule making and on the 'governance' of international IP more generally.
Author: Charles R. McManis
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Over the past four years, through a coordinated series of public announcements that seemed to have been stimulated in part by previously leaked documents, details gradually came to light concerning negotiations over a proposed new Anti-Counterfeiting Trade Agreement (ACTA). According to the governments involved in these closed-door “plurilateral” trade negotiations, the purpose of ACTA was simply to help fight the proliferation of counterfeit and pirated goods in international trade. From the outset, however, the negotiations were embroiled in controversy, for at least four reasons. First, while the negotiations were initially carried out behind closed doors, industry representatives were apparently being supplied with information that was not being disseminated to the public. Second, the “plurilateral” nature of the negotiations aroused suspicions that the ACTA negotiations were but the latest example of “forum-shifting” -- a well-documented tactic that is apparently being deployed by owners of intellectual property (IP) in an effort to ratchet up up international standards for the protection of private intellectual property rights (IPRs). These procedural concerns about the conduct of the negotiations, in turn, contributed to two further suspicions about the substantive purpose and scope of ACTA. The first suspicion was that ACTA was simply an effort on the part of intellectual property owners to socialize the enforcement costs of their private IPRs by enhanced civil, criminal, and border enforcement proceedings and remedies. The second suspicion -- generated in part by a leaked negotiating document -- was that the focus of these civil, criminal, and border enforcement provisions would not be limited to targeting commercial trade in counterfeit and pirated physical goods, but would also extend to “significant willful infringements without motivation for financial gain to such an extent as to prejudicially affect the copyright owner (e.g., Internet piracy).” To the suspicious eye, this verbatim quote from the leaked document clearly seemed to be referring to digital file-sharing -- a controversial consumer phenomenon, to be sure, but quite distinct from the issue of commercial trade in counterfeit and pirated physical goods. A particularly jolting development in the effort by critics to secure more specifics concerning the ACTA negotiations occurred in March 2009, when, notwithstanding President Obama's campaign promises of greater transparency in U.S. government policymaking, the Office of the U.S. Trade Representative (USTR) denied a Freedom of Information Act (FOIA) request for a copy of the ACTA discussion draft and related materials on the ground that they were “classified in the interest of national security.” While the invocation of national security may have been simply a ruse to camouflage and avoid exacerbating growing divisions among the negotiating parties, it proved useful to take this national security claim at face value, as it offered a starting point for this article's predecessor -- which sought “to provide two alternative tales of the treaty with a view to identifying and clarifying the various controversies currently surrounding the negotiations.” After revisiting the two tales told prior to the approval of the final draft of ACTA, this article will offer two additional cautionary tales about ACTA's ultimate impact on the development of intellectual property enforcement standards.
Author:
Publisher:
ISBN: 9789282337127
Category : Commercial law
Languages : en
Pages : 137
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Book Description
Author: Pimpitchaya Withoonwatcharawate
Publisher:
ISBN:
Category :
Languages : en
Pages : 130
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Book Description
