[A2k] EU TRADE NEWS: Anti-Counterfeiting Trade Agreement (ACTA) - Statement following meeting in Geneva

[Thiru Balasubramaniam]

Geneva
5th June 2008
Anti-Counterfeiting Trade Agreement (ACTA) - Statement following
meeting in Geneva

Participants in discussions on the proposed Anti-Counterfeiting Trade
Agreement (ACTA) met at the U.S. Mission in Geneva June 3-4.  This was
one of a series of meetings through which the participants plan to
develop different aspects of the agreement.

A number of topics were discussed.  The main focus of the discussion
was border measures, particularly how to deal with large-scale
intellectual property infringements, which can frequently involve
criminal elements and pose a threat to public health and safety.
Participants considered the discussions useful and are satisfied with
the progress to date.

Participants will continue their substantive work over the coming
months in a focused manner.  They tentatively scheduled their next
meeting for mid-July, and expect to continue discussions on border
enforcement while also exploring other areas, such as civil
enforcement. Participants discussed future engagement with
stakeholders and agreed to proceed with such engagement at the
domestic level and to identify opportunities for further engagement in
the future.

Participants included Australia, Canada, the European Union, Japan,
Jordan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland,
the United Arab Emirates, and the United States.

Please see the attached FACT SHEET:
<<ACTA Fact Sheet 05062008.doc>>
For more information on EU Trade policy see: http://ec.europa.eu/
trade/ or contact Peter Power +32 498 98 03 48 or Michael Jennings +32
498 98 68 80



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Brussels
5th June 2008

Fact Sheet: Anti-Counterfeiting Trade Agreement

What is ACTA?
ACTA=92s goal is to provide a high-level international framework that
strengthens the global enforcement of intellectual property rights and
helps in the fight to protect consumers from the health and safety
risks associated with many counterfeit products.

ACTA would contribute to fighting counterfeiting in three ways:

=09=95 Building international cooperation leading to harmonised standards
and better communication between authorities. This will build on
coordinated anti-counterfeiting work the EU is already doing with
large partners like the US and Japan. These standards would then be
spread to other countries if they wished to sign up to ACTA. The EU
has proposed transitional mechanisms and technical assistance to help
advanced developing countries join the pact in the future.

=09=95 Establishing common enforcement practices to promote strong
intellectual property protection in coordination with right holders
and trading partners. The EU is consistently pushing countries like
China to enforce anti-counterfeiting legislation and to toughen the
legal penalties for intellectual property theft. Closer coordination
on international benchmarks can reinforce this pressure;

=09=95 Creating a strong modern legal framework which reflects the
changing nature of intellectual property theft in the global economy,
including the rise of easy-to-copy digital storage mediums and the
increasing danger of health threats from counterfeit food and
pharmaceutical drugs.


Recent data on counterfeit goods:

=09=95 OECD estimates that infringements of intellectual property traded
internationally (excluding domestic production and consumption)
account for more than =80150 billion per year (higher than the GDP of
more than 150 countries).  According to the OECD counterfeiting and
piracy undermine innovation, which is key to economic growth.
=09=95 79 million articles were seized at EU borders in 2007, in over
43.000 customs actions.
=09=95 There was growth in seizures of fakes dangerous to health and
safety since last year: e.g. cosmetics and personal care products
(+264%), toys (+98%), foodstuff (+62%), computer equipment (+62%) and
medicines (+51%) show a remarkable percentage increase. These sectors
correspond to 23% of the articles seized in 2007.
=09=95 Fake medicines are reckoned to account for almost 10% of world
trade in medicines. Most of these fake drugs are headed for the
world=92s poorest countries.




Background
An ACTA deal would strengthen efforts to protect and enforce European
intellectual property around the world, a key part of the Global
Europe Communication by the European Commission. The European Union is
also working with countries like China, Russia and others to stop
widespread and systematic piracy of European companies' intellectual
assets. The European Commission is also including strong IPR chapters
in all its new generation of Free Trade Agreements with India, Korea,
ASEAN and Latin America.

For more information on Global Europe see http://ec.europa.eu/trade/issues/=
sectoral/competitiveness/global_europe_en.htm


ACTA F.A.Q.

Question: Why is ACTA needed?
Answer: The proliferation of intellectual property rights (IPR)
infringements poses an ever-increasing threat to the sustainable
development of the world economy. It is a problem with serious
economic and social consequences. Today, we face a number of new
challenges: the increase of dangerous counterfeit goods
(pharmaceuticals, food and drink, cosmetics or toys, car parts); the
speed and ease of digital reproduction; the growing importance of the
Internet as a means of distribution; and the sophistication and
resources of international counterfeiters. All these factors have made
the problem more pervasive and harder to tackle.

Q: What is the objective?
A: The goal is to provide a good framework for countries committed to
solid IPR protection to more effectively combat the challenges of IPR
infringement today. We envision the ACTA as a leadership agreement,
setting a positive example for nations that aspire to strengthen IPR
protection. It is hoped that membership to this agreement will expand
over time, reflecting the growing international consensus on the need
for strong IPR enforcement.

Q: Which countries are involved?
A: A number of economies that consider IPR a key instrument for their
development and innovation policies have agreed to be part of
negotiations. The first round of negotiations in Geneva involved:
Australia, Canada, the European Union, Japan, Jordan, Korea, Mexico,
Morocco, New Zealand, Singapore, Switzerland, the United Arab
Emirates, and the United States.

Q: Is this really about ganging up on China and other countries that
are not part of the group?
A: No. ACTA is not intended to isolate countries or point the finger
at their enforcement efforts. The countries involved in this
initiative share a particular vision of a path to stronger enforcement
to deal with the challenges of piracy and counterfeiting today. This
is an inclusive vision which we hope that more countries will embrace
when they feel the time is right.

Q: Why are you not pursuing this agreement through the G8, WTO, WIPO
or other formal structure?
A: We feel that the approach of a free-standing agreement gives us the
most flexibility to pursue this project among interested countries. We
fully support the important work of the G8, WTO, and WIPO, all of
which touch on IPR enforcement. The membership and priorities of those
organizations simply are not the most conducive to this kind of path
breaking project.

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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org


Tel: +41 22 791 6727
Mobile: +41 76 508 0997