Draft Text Of Draft Anti Counterfeit Trade Agreement (ACTA)
U.S.A Members of the European Union (EU) and 9 other countries have recently met in Tokyo to draft a copy. acta (ACTA) the draft text, according to the office of the United States Trade Representative (USTR), "to establish a most advanced international framework to provide a model for effectively cracking down on the widespread proliferation of counterfeiting and piracy in the twenty-first Century". The draft agreement is a product after three years of negotiations.
The participating countries represented more than half of the world's trade activities except the United States. European Union Besides the Member States, there are Australia, Canada, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland.
US trade representative Kirk said: "this text means that we have made great progress in cracking down on counterfeiting and piracy. Counterfeiting and piracy are a global crime wave. It deprives the workers of the United States and the world's high earners of their job opportunities and enables consumers to access dangerous products. While anti counterfeiting trade agreement (ACTA) partners are looking for solutions, they should send a strong signal to piracy and counterfeit products. Piracy and counterfeit products have no place in legitimate trade channels. We must quickly complete the results achieved in Tokyo with our partners. For those who care about the protection and implementation of intellectual property rights, this work represents a major victory.
The legal framework of the agreement includes the following provisions:
The general obligation of the parties is to provide effective means of law enforcement.
Civil enforcement provisions include payment of damages, prevention of further infringement, legal and other cost recovery, and destruction of goods violating regulations.
Customs and other border procedures handle import and export goods;
The provisions of criminal law enforcement include the piracy activities related to commercial scale, the use or import of counterfeit goods packaging labels, the commitment to confiscate counterfeit goods, destroy counterfeit goods, confiscate the equipment and materials for producing counterfeit goods, and the proceeds of crime, including other provisions;
The digital environmental enforcement of intellectual property rights, including the legal system for dealing with the deception of digital security functions, is included in other measures.
The agreement also provides for strengthening international cooperation and promoting effective enforcement actions.
After reviewing the minority issues and making decisions, individual countries will finalize the draft text and enter the final examination.
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