PIJIP Research Paper No. 10: ACTA's Abandoned Third-Party Liability Provisions and What They Mean for the Future

Throughout September, PIJIP will release a series of Research Papers on ACTA.  The series is available at http://digitalcommons.wcl.american.edu/research/

Michael Morris
PIJIP Research Paper No. 10
September 2010

Abstract

One of the most controversial aspects of the proposed Anti-Counterfeiting Trade Agreement (ACTA) was its requirement that signatories adopt a system of secondary liability akin to that which has developed in American law, but without the protections that have been carved out by statute and court. This white paper examines and explains the concept of secondary liability; the controversy surrounding its incorporation into ACTA; its exclusion from the ACTA draft leaked in August 2010, and the future of secondary liability expansion.

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