Amend ACTA: Ex-Officio Action

Amendment

In Chapter Two, Section 2, DELETE Art. 2.7:  Ex-Officio Action

Justification

Border officials will inevitably be “educated” and provided with information about suspect shipments by those who may have a vested interest in keeping out parallel imports and may even have an interest in causing serious inconvenience to a legitimate competitor.  The recent wrongful seizure of generic aids medicine in the Netherlands was vivid proof that empowering border officials to make difficult IP decisions can lead to serious and even potentially fatal consequences.  Somebody should pay for the economic losses resulting from wrongful seizures. Who will that be?  What remedies will there be for abuse or misuse of the “ex officio” system by competitors?  What if the result of a wrongful seizure of medicine results in harm to health and safety?

 

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