Proposed Amendments to ACTA

Amend ACTA: Use By, For, or Authorized By a Government

In the current draft, the United States, NZ and Australia are moving to the TRIPS norms, which allow the flexibility to use limits on remedies for infringement to create liability rules in some areas. This is quite encouraging. There is zero evidence that statutory exceptions on injunctions or damages have contributed to counterfeiting, and many countries have some types of exception in their national laws...

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Amend ACTA: Scope of Agreement and Border Provisions

The scope of this ACTA should be limited to enforcement measures in cases of willful trademark counterfeiting and copyright piracy on a commercial scale. The EU/Switzerland proposal still assumes a default position that ACTA's border measures will apply to all classes of intellectual property, including patents, geographic indications, and all classes of trademark and copyright infringement -- not only willful counterfeiting and piracy.

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Amend ACTA: Parallel Importation

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Currently, there is insufficient text in the Anti-Counterfeiting Trade Agreement to ensure that it will not be used to alter the flexibility in TRIPS to establish and enforce an intellectual property exhaustion regime of choice. The first sale doctrine is alluded to in Article. 2.6, application by right holder, Option 1...

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Amend ACTA: Lawful Use

Amendment: In Ch.1 - Sec. B: General Definitions, at the end of the definition of "Pirated copyright good" INSERT "This definition does not extend to copies that are lawfully made, without the permission of the right owners." | Justification: The text should make explicit that the definition of piracy does not extend to copies that are lawfully made, without the permission of the right owners.

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Amend ACTA: Safeguards in Preamble, Ch. 1

The United States, the EU and Japan do not support the first paragraph in the preamble, which includes the text of Article 7 of the TRIPS, on objectives. Some also oppose restatement of the balancing principles from TRIPS article 7 and 8 in Chapter one. The weaker proposal to express that parties are "determined" to respect TRIPS should be rejected.

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Amend ACTA: Defining terms by country of importation

This amendment is necessary to avoid facial conflict with the WTO TRIPS agreement. This is also a key issue for access to medicines advocates concerned about the use of ACTA to globalize EU legal standards that have been used to seize legitimate generic medicines in transit between countries where introduction of the good would have otherwise been lawful.

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