The Anti-Counterfeiting Trade Agreement (ACTA)

Die Studie des Forscherteams vom Institute for Globalisation and International Regulation (IGIR) der Maastrichter Universität war vom Handelsausschuss des Europäischen Parlaments in Auftrag gegeben worden. Sie beschäftigt sich mit dem Anti-Counterfeiting Trade Agreement und dessen Vereinbarkeit mit europäischem Recht.

Abstract:

The ACTA was motivated by a desire to establish equivalent provisions in international agreements containing rules on anti-counterfeiting. This is important at a time free trade agreements are being negotiated by different parties. For the European Union it is also of importance to protect EU intellectual property rights (IPR) as future EU competitiveness depends on its ability to move into higher value added activities such as those for which IPRs are important. At the same time international agreements on IPRs will only be sustainable when they have the support of all parties. Within the EU the ACTA has also been the source of some concerns regarding the non-transparent way it was negotiated and whether it meets to aims agreed by the European Parliament and Commission that it would be compatible with the existing acquis communautaire and the World Trade Organisation’s Trade Related intellectual Property rights (TRIPs) Agreement.

Hauptpunkte der Gliederung:

1. Executive Summary
2. General Overview and Introduction
   1. Genesis of ACTA
   2. Rationale for ACTA and the new Enforcement Agenda
   3. The Approach taken by the Study
3. Debates and Perceptions of ACTA
   1. The Debate on ACTA in the European Parliament and in national Parliaments of the EU
   2. Public Perceptions of ACTA
   3. The Impact of the ACTA on third Countries
   4. Issues with Ratification of ACTA in the EU and other ACTA Parties
4. Legal Assessment of ACTA Conformity with TRIPS and The EU Acquis
   1. Conformity with TRIPS and the DOHA Declaration on TRIPS and Public Health
   2. Conformity with EU Law: Assessment of potentially conflicting clauses with EU Legislation
5. Overall economic and commercial Assessment
   1. Introduction
   2. IPRs and their complex economic Nature
   3. Innovation in Europe
   4. ACTA and Europe
6. Detailed Analysis of the Agreement
   1. Scope of the Agreement
   2. Civil Enforcement
   3. Border Enforcement
   4. Criminial Enforcement
   5. Digital Enforcement - combating Uses of the Internet for Piracy and Counterfeiting
   6. Institutional Agreements
7. Sector Specific Analysis
   1. Civil Liberties
   2. Access to Medicines
   3. Geographical Indications
8. Recommendations
   1. Primary Recommendation
   2. Recommendation regarding the Relationship with the TRIPS Agreement and the DOHA Declaration on TRIPS and Public Health
   3. Recommendations regarding conformity with the EU Acquis
   4. Evaluating the Consequences of Postponement or Rejection
9. Bibliography