Anti-Counterfeiting Trade Agreement (ACTA)

IP crime is a serious threat to our economic wellbeing. As highlighted by Lord Sainsbury in the Intellectual Property Office’s "Counter Offensive - an IP Crime Strategy" Report PDF document(260Kb), "many people and organisations are involved in the fight against counterfeiting and piracy have agreed to work together to improve the effectiveness of their response". ACTA will help to achieve this.

The effects of IP crime include:-

  • Depriving workers of their jobs and pay
  • Harming consumers, through the distribution of dangerous product
  • Inhibiting innovation
  • Providing a source of income for organised crime
  • Loss of tax revenue

IP crime is now recognised as a global issue - the Organisation for Economic Co-operation and Development reports that goods seized at national borders in 2005 added up to around US$200 billion, which does not include products distributed through the internet.

The Anti-Counterfeiting Trade Agreement (ACTA) seeks to coordinate international cooperation on IPR enforcement practices, to tackle effectively counterfeit and pirated goods. More information regarding this agreement is available on the Europa website External Link

ACTA is an agreement currently being negotiated by Australia, Canada, the UK as part of the European Union, Japan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore, Switzerland and the United States.

ACTA has three main objectives;

  • better coordinated International Cooperation
  • establishing best practice in Enforcement methods and
  • provide a more coherent legal framework.

As all the chapters are still under negotiation it is not possible to say what the final agreement will contain. A summary of the key elements PDF document(245Kb) discussed in ACTA is available.

The goal of the ACTA negotiations is to provide an international framework that improves the enforcement of intellectual property rights (IPR) laws from building on existing international rules. ACTA does not intend to create new intellectual property rights or laws, especially in criminal sanctions, and will be consistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The intention is to create improved international standards on how to take action against large-scale infringements of IPR.

If you wish to send any comments or concerns you may have concerning ACTA please e-mail ACTA.

It is hoped that negotiations will be completed in 2010. Negotiations have proceeded as follows;

Round 1 was held in Geneva on 3 - 4 June 2008 (agenda 1 PDF document(12Kb)), where there was an exchange of views on the proposed overall structure and discussions on Border Measures.

Round 2 was held in Washington on 29 - 31 July 2008 (agenda 2 PDF document(18Kb)) where discussion broadened into Civil Enforcement.

Round 3 was held in Tokyo on 8 - 10 October 2008 (agenda 3 PDF document(14Kb)), which included discussions on Criminal Enforcement.

Round 4 was held in Paris on 15 - 18 December 2008 (agenda 4 PDF document(30Kb)) where International Cooperation, Enforcement Practices and International Institutional Issues were started and Criminal Enforcement continued. Discussions on existing approaches to dealing with IPR infringements on the internet were also held.

Round 5 was held in Rabat, Morocco on 16 - 17 July 2009 (agenda 5 PDF document(23Kb)) where discussions on International Cooperation, Enforcement Practices and Institutional Issues were held.
Press statement PDF document(14Kb)

Round 6 was held in Korea 4 - 6 November 2009 (agenda 6 PDF document(22Kb)) where discussions on Enforcement in the Digital Age, Criminal Enforcement and Transparency were held.
Press statement PDF document(42Kb)

Round 7 was held in Guadalajara, Mexico from 26 - 29 January 2010 (agenda 7 PDF document(10Kb)) where discussions on Civil Enforcement, Border Measures, Enforcement Procedures in the Digital Environment and Transparency were held.
Press statement PDF document(13Kb)
Round 8 is to be held in Wellington, New Zealand 12 - 16 April 2010.

ACTA - Stakeholders' Consultation Meeting - 22 March 2010

The Directorate General for Trade of the European Commission is organising a meeting on 22 March 2010, to inform and consult interested parties about the negotiation of a plurilateral Anti-Counterfeiting Trade Agreement (ACTA).

Details can be found on the Europa website External Link.