[A2k] Canada's intervention regarding ACTA during TRIPS Council (October 2010) meeting

thiru at keionline.org thiru at keionline.org
Tue Nov 2 09:53:07 PDT 2010

Agenda Item P ? TRIPs Council

The conclusion of the negotiation for the Anti-Counterfeiting Trade  
Agreement represents an important initiative undertaken by like-minded  
countries to achieve progress on enhancing intellectual property  
enforcement. The purpose is to more effectively combat the growing and  
internationally recognized problems of large-scale trademark  
counterfeiting and copyright piracy.  Numerous statistics exist,  
including from the OECD, demonstrating the growth of this illegal  
activity which undermines legitimate trade, threatens sustainable  
development of the global economy, and in some cases poses a risk to  
public health and safety.

The ACTA is consistent with the TRIPS Agreement.  It clearly states  
that it will not derogate from any obligation found in TRIPS, and that  
the objectives and principles of TRIPS apply mutatis mutandis to ACTA.  
  Nor does the ACTA create or alter rights relating to the protection  
of intellectual property rights.  Rather it sets new standards for the  
enforcement of existing intellectual property rights which are  
complementary to those provided in the TRIPs Agreement.  The ACTA is  
in line with what countries already do on enforcement, so, for  
example, it sets a minimum threshold for criminal
enforcement of willful counterfeiting and piracy. The ACTA will not  
hinder the cross-border transit of legitimate generic medicines, and  
it is intended to be implemented consistently with the Doha  
Declaration on TRIPS and Public Health.

The ACTA was negotiated with a view to be inclusive and attract  
accessions from other countries.  It is designed to be cooperative and  
mutually beneficial by facilitating information exchange, such as  
statistical data or best practices, as well as capacity building and  
technical assistance, where appropriate.  In encouraging higher  
standards, there is no intention to exclude any Country from joining  
this effort to combat counterfeiting and piracy.

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