[Upd-discuss] USTR calls for anti-copying treaty ("counterfeiting" and "piracy")

[robert weissman]

1. USTR news release
2. USTR fact sheet
3. Chamber of Commerce new release


http://www.ustr.gov/Document_Library/Press_Releases/2007/October/Ambassador_Schwab_Announces_US_Will_Seek_New_Trade_Agreement_to_Fight_Fakes.html

Ambassador Schwab Announces U.S. Will Seek New Trade Agreement to Fight 
Fakes
	10/23/2007

Anti-Counterfeiting Trade Agreement will boost the fight against 
counterfeiting and piracy

WASHINGTON DC - In a major step in the fight against intellectual 
property rights (IPR) counterfeiting and piracy, U.S. Trade 
Representative Susan C. Schwab today announced the United States and 
some of its key trading partners will seek to negotiate an 
Anti-Counterfeiting Trade Agreement (ACTA).

“Global counterfeiting and piracy steal billions of dollars from 
workers, artists and entrepreneurs each year and jeopardize the health 
and safety of citizens across the world,” said Ambassador Schwab.  “The 
United States looks forward to partnering with many of our key trading 
partners to combat this global problem.  Today launches our joint 
efforts to confront counterfeiters and pirates across the global 
marketplace.”

In a press conference on Capitol Hill with Members of Congress and 
Ambassadors from countries who will be part of the new initiative, 
Schwab explained that ACTA is a bold leadership effort among countries 
that support high standards of enforcement against piracy and 
counterfeiting.

The participants in this effort will elaborate on a vision, developed 
over the past year, for a new agreement addressing three main areas: 
cooperation, best practices, and a strong legal framework for IPR 
enforcement.

Trading partners engaged in discussions so far include Canada, the 
European Union (with its 27 Member States), Japan, Korea, Mexico, New 
Zealand, and Switzerland.

The ACTA would complement the Administration’s work to encourage other 
countries to meet the enforcement standards of the Agreement on 
Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the 
World Trade Organization, and to comply with other international IPR 
agreements.  It will not involve any changes to the TRIPS Agreement. 
Rather, the goal is to set a new, higher benchmark for enforcement that 
countries can join on a voluntary basis.  The negotiations represent a 
cooperative effort by the governments involved, and will not be 
conducted as part of any international organization.

Schwab said the United States and its ACTA partners will work closely to 
complete the new agreement as quickly as possible.  She added that she 
expects other trading partners to join in the emerging consensus for 
stronger IPR enforcement and stressed that all countries, including 
developing countries, have a major stake in fighting counterfeiting and 
piracy.

Background

Counterfeiting and piracy threaten U.S. jobs and economic growth, 
striking at the reputation of U.S. brands and stealing the products of 
U.S. creativity and innovation.  Industry loss estimates run into 
hundreds of billions of dollars.  It poses a similar threat to U.S. 
trading partners around the world.  Developing countries are among the 
biggest victims, as counterfeiters passing off shoddy and unsafe goods 
undermine emerging local economies.

The envisioned ACTA will include commitments in three areas: (1) 
strengthening international cooperation, (2) improving enforcement 
practices, and (3) providing a strong legal framework for IPR 
enforcement.  No precise deadline has been agreed for conclusion of 
negotiations, but the concepts have been vetted with multiple countries 
and the U.S. Government is eager to move ahead as quickly as possible.

The ACTA will complement a wide range of other trade policy tools that 
USTR and other agencies use as part of our long-standing and enduring 
efforts to help protect U.S. intellectual property overseas, working in 
cooperation with our foreign trading partners and with U.S. right 
holders.  These tools include U.S. free trade agreements, negotiation of 
Trade and Investment Framework Agreements (TIFAs), WTO accession 
negotiations, bilateral discussions of IP issues, the Special 301 
process, U.S. preference programs, and dispute settlement.

The ACTA will complement the Administration’s on-going work to address 
IPR piracy.  Under the STOP! initiative, announced in October 2004, the 
Administration has been working to step up the fight against this 
illegal activity, including strengthening cooperation with trading 
partners.  STOP! is a comprehensive initiative to fight global piracy by 
systematically dismantling piracy networks, blocking counterfeits at our 
borders, helping American businesses secure and enforce their rights 
around the world, and collaborating with our trading partners to ensure 
the fight against fakes is global.  A key goal of STOP! is to 
aggressively engage U.S. trading partners to join our efforts against 
counterfeiting and piracy.

# # #


Trade Facts
Office of the United States Trade Representative www.ustr.gov
October 2007
Fact Sheet: Anti-Counterfeiting Trade Agreement

The proliferation of infringements of intellectual property rights 
(“IPR”) particularly in the context of counterfeiting and piracy poses 
an ever-increasing threat to the sustainable development of the world 
economy. The consequences of such IPR infringements include (1) 
depriving legitimate businesses and their workers of income; (2) 
discouraging innovation and creativity; (3) threatening consumer health 
and safety; (4) providing an easy source of revenue for organized crime; 
and (5) loss of tax revenue.

Goal: Establish, among nations committed to strong IPR protection, a 
common standard for IPR enforcement to combat global infringements of 
IPR particularly in the context of counterfeiting and piracy that 
addresses today’s challenges, in terms of increasing international 
cooperation, strengthening the framework of practices that contribute to 
effective enforcement of IPRs, and strengthening relevant IPR 
enforcement measures themselves.

Provisions:
• International Cooperation: Cooperation among the parties is a key 
component of the agreement – including sharing of information and 
cooperation between our law enforcement authorities, including Customs 
and other relevant agencies. Areas for possible provisions include:
o Capacity building and technical assistance in improving enforcement
o International cooperation among enforcement agencies.
• Enforcement Practices: It is necessary to establish enforcement 
practices that promote strong intellectual property protection in 
coordination with right holders and trading partners. Such “best 
practices” would support the application of the relevant legal tools, as 
outlined by the Legal Framework. Areas for possible provisions include:
o Formal or informal public/private advisory groups;
o Fostering of specialized intellectual property expertise within law 
enforcement structures to ensure effective handling of IPR cases;
o Measures for raising consumer public awareness about the importance of 
IPR protection and the detrimental effects of IPR infringements;

• Legal Framework: It is critical to have a strong and modern legal 
framework so that law enforcement agencies, the judiciary, and private 
citizens have the most up-to-date tools necessary to effectively bring 
counterfeiters and pirates to justice. Areas for possible provisions 
include:
o Criminal enforcement
o Border measures
o Civil enforcement
o Optical disc piracy
o Internet distribution and information technology

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U.S. Chamber Commends U.S. Government for New Trade Agreement to Fight 
Counterfeiting and Piracy

WASHINGTON, D.C.—Caroline Joiner, executive director of the Chamber’s 
Global Intellectual Property (IP) Center issued the following statement 
on the announcement of the proposed Anti-Counterfeiting Trade Agreement 
by U.S. Trade Representative Susan Schwab.

             “Today’s announcement proves that the U.S. government, U.S. 
industry, and foreign governments will no longer accept intellectual 
property theft as just another cost of doing business.  Through the 
Chamber’s Global IP Center, we will advocate for the timely negotiation 
of ambitious, comprehensive, and enforceable agreements.  We will urge 
additional countries to join these efforts until every key trading 
partner is committed to this important fight.  The Chamber believes that 
through cooperation, information sharing, and coordinated enforcement 
efforts between governments and businesses around the world, we can and 
will make measurable progress.”

The Chamber’s Global Intellectual Property Center is working around the 
world to champion intellectual property as a vital engine of global 
development, growth, and human progress.  The U.S. Chamber of Commerce 
is the world’s largest business federation representing more than 3 
million businesses and organizations of every size, sector, and region.

To contact Media Relations, please call 202-463-5682, or e-mail 
press@uschamber.com.