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Intellectual Property Trade and Intellectual Property Anti-Counterfeiting Trade Agreement (ACTA)

Intellectual Property Trade and Intellectual Property Anti-Counterfeiting Trade Agreement (ACTA). What is the importance of protecting and enforcing intellectual property rights in a global context. Counterfeit Goods. Trademark original infringement Patent

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Intellectual Property Trade and Intellectual Property Anti-Counterfeiting Trade Agreement (ACTA)

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  1. Intellectual PropertyTrade and Intellectual PropertyAnti-Counterfeiting Trade Agreement (ACTA) What is the importance of protecting and enforcing intellectual property rights in a global context.

  2. Counterfeit Goods • Trademark original infringement • Patent infringement • Passing off Nike shox system US Patent 5353523

  3. The consequences of IPR infringement • Depriving legitimate business and their workers of income • Discouraging innovation and creativity • Threatening consumer health and safety • Providing an easy source of revenue for organized crime • Loss of tax revenue

  4. Anti-Counterfeiting Trade Agreement (ACTA) • In October 2007 Australia, Canada, the European Union, Japan, Jordan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, the United Arab Emirates, and the United States are involved in the discussions. • The ACTA negotiations have been conducted in secrecy until on 22 May 2008.

  5. Anti-Counterfeiting Trade Agreement (ACTA) • The proposed Anti-Counterfeiting Trade Agreement (ACTA) aims to establish new global standards for the enforcement of intellectual property rights (IPR) to more effectively combat the increasingly productive trade in counterfeit and pirated goods. • The ACTA would focus on three areas: a) increasing international cooperation, b) establishing best practices for enforcement, c) providing a more effective legal framework to combat counterfeiting and piracy.

  6. International Cooperation • Cooperation among the parties to the agreement would be a vital aspect of the ACTA – specifically cooperation and sharing of information between law enforcement authorities, including Customs and other applicable agencies. Possible provisions in this area could include: • International cooperation among enforcement agencies; and • Capacity building and technical assistance in improving enforcement. Existing international agreement.

  7. Enforcement Practices • Proponents of the ACTA believe it is crucial to establish enforcement “best practices” that promote strong IPR protection in collaboration with trading partners and right holders. These practices would support the application of the relevant legal tools. Areas for possible provisions include: • Formal or informal public/private advisory groups; • Fostering of specialized intellectual property expertise within law enforcement structures to ensure effective handling of IPR cases; and • Measures for raising consumer public awareness about the importance of IPR protection and the detrimental effects of IPR infringement

  8. Legal Frameworks • The final pillar of the ACTA would strive to provide private citizens, law enforcement agencies, and the judiciary with the appropriate tools to deal effectively with counterfeiting and piracy through a strong and modern legal framework. Areas for possible provisions include: • Criminal enforcement; • Border measures; • Civil enforcement; • Optical disc piracy; and • Internet distribution and information technology. E Bay cases • Disputes settlement

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