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Glimpses of ACTA - October 9, 2008

Trade ministers are meeting in Tokyo this week for the latest round of discussions toward the Anti-Counterfeiting Trade Agreement While U.S. citizens remain largely in the dark about what the agreement contains--officially on grounds that the U.S. must maintain the confidentiality of its trading partners--other governments involved in the talks have been at least slightly more forthcoming.

Thanks to this notice by the Australian Department of Foreign Affairs and Trade (DFAT), seeking public comment on issues likely to come up in the ACTA negotiations, we know that "Customs searches of material which infringes IP rights without notification from the right owner," is likely to be on the table.

Other topics on which DFAT is seeking public comment include:

• Issues related to the incorporation of a system of pre-established or statutory damages in IP matters
• Issues related to the incorporation of a statutory formula or presumptions for the calculation of damages in IP matters.
• Issues related to the incorporation of a statutory formula for the calculation of account of profits in IP matters.
• Issues related to criminal measures being applied to copyright piracy and trade mark counterfeiting.
• Issues related to judicial authorities having the authority to order the seizure of proceeds of crime for IP offences.
• Issues related to recording performances at public events.

According to DFAT, the most recent ACTA meetings, held June 3-4 in Geneva and on July 30 - August 1 in Washington, "addressed border measures, institutional measures and civil enforcement issues."

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