The United States Trade Representative (USTR) has issued a statement on behalf of Australia, Canada, the European Union and its member states, Japan, South Korea,
Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States, who have
reaffirmed their commitment to the Anti-Counterfeiting Trade Agreement (ACTA)
at a signing ceremony in Tokyo.
When it enters into force with all participants, the ACTA will formalize the
legal foundation for a first-of-its-kind alliance of trading partners, representing
more than half of world trade. It is hoped that it will represent a significant achievement
in the fight against the infringement of intellectual property rights (IPR),
in particular the proliferation of counterfeiting and piracy on a global scale,
providing a mechanism for the parties to work together in a more collaborative
manner to achieve the common goal of effective IPR enforcement.
It includes provisions on civil,
criminal, border and digital environment enforcement measures, robust cooperation
mechanisms among the ACTA parties to assist in their enforcement efforts, and
the establishment of best practices for effective IPR enforcement.
With respect to the legal framework, the ACTA establishes a strengthened standard
that builds on the minimum standards of the World Trade Organization Agreement
on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It is said
that this marks a considerable improvement in international trade norms for
effectively combating the current global proliferation of commercial-scale counterfeiting
and piracy.
Representatives of eight governments – Australia, Canada, Japan, South
Korea, Morocco, New Zealand, Singapore and the US – signed the agreement.
Representatives of the European Union, Mexico and Switzerland attended the ceremony
and confirmed their continuing strong support for and preparations to sign it
as soon as practicable. All participants expressed their firm resolve to work
cooperatively to achieve the ACTA’s prompt entry into force, and to support
actively its goals.
Formal ACTA negotiations started in June 2008, with the final round of negotiations
being held in Japan in October 2010. Following translation and technical work,
the ACTA was opened for signature on May 1, 2011. For those who have already
signed, the next step in bringing the ACTA into force is the deposit of instruments
of ratification, acceptance or approval. The agreement will enter into force
following the deposit of the sixth such instrument.
Furthermore, at a symposium in Sendai, Japan on September 30 this year, participants
in the ACTA negotiations invited other trading partners to consider joining
this emerging consensus on stronger IPR enforcement.