Amend ACTA: Parallel Importation

Sean Flynn and James Love
September 13, 2010



Nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights. The effect of this provision is to leave every country free to choose and enforce its own provisions for the exhaustion of intellectual property rights. 


Currently, there is insufficient text in ACTA 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 Art. 2.6, application by right holder, Option 1:

[EU/KOR/Mor/Mex/US/CH: l. Each Party shall provide procedures13 for import, in-transit and export shipments, by which right holders may request the competent authorities to suspend release of or retain suspected counterfeit trademark goods and suspected pirated copyright goods {EU: goods suspected of infringing an intellectual property right} into free circulation

fn 13.  [Can/US/NZ: It is to be understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder.]




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