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ACTA Down Under - August 6, 2008

For those looking to follow along at home with the ACTA negotiations (Anti-Counterfeiting Trade Agreement), the New Zealand Ministry of Economic Development has put together a Web site. In addition to short reports on the first two rounds of negotiations in June (Geneva) and July (Washington, DC), the site also includes a "fact sheet" on the agreement, albeit one not overly burdened with facts. From what you can tell, the discussions are focused on three main areas: 1) International cooperation among customs and law-enforcement agencies; 2) Establishing "best practices" for enforcement efforts, in cooperation with rights holders; 3) A "strong and modern legal framework" for bringing "counterfeiters and pirates to justice."

The site also includes an FAQ section, which is fairly cursory but does at least address two germane questions:

7. Why is ACTA not discussed in an existing international organisation dealing with intellectual property rights, such as the World Intellectual Property Organization (WIPO) or the World Trade Organization (WTO)?

The approach of a stand-alone agreement is considered appropriate to pursue this initiative at this stage. The partners involved in ACTA continue to value the important work of multilateral organisations such as the WIPO, WTO, APEC, OECD and others.

8. Why are countries recognised as the major sources of counterfeiting and piracy not involved?
At this point, the objective is to have a group of like-minded countries come together to work on ways to provide better protection and enforcement of IPRs. Counterfeiting and piracy is a growing global issue that has become a concern for all, in particular the adverse effects that such activities can have on a nation's economy, as well as on the public health and safety of its population. Organised criminal and terrorist groups are also involved in counterfeiting and piracy.

The site also says that the New Zealand government, at least, will conduct public consultations on whether to sign the agreement once the text is finalized.
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