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"The Anti-Counterfeiting Trade Agreement (ACTA) is the most important effort undertaken to lay down a plurilateral legal framework for the enforcement of intellectual property rights. With the view to learn more about the origins of this treaty, the process leading to its conclusion and its implications for law making in this field, The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath analyses in great depth both the context and the content of the agreements. In order to attain this objective, a large and diverse group of experts - renowned scholars, policy makers and civil society actors - who represent different perspectives on the necessary balance between intellectual property enforcement and other economic and social interests have been gathered together. This book is the most comprehensive analysis of ACTA, and of its relation with ongoing initiatives to improve enforcement of intellectual property and norms pertaining to a range of international legal regimes, conducted so far"--
List of contents
Part I. The Final Act: Its Main Features and Contents: 1. An overview of the agreement: contents and features Frederick Abbott; 2. ACTA initial provisions and general definitions Xavier Seuba; 3. ACTA general obligations with respect to enforcement Xavier Seuba; 4. Provisions on civil enforcement - Section 2 of ACTA Anselm Kamperman Sanders; 5. Legal framework for enforcement: border measures Henning Grosse Ruse-Khan; 6. The Anti-Counterfeiting Trade Agreement (ACTA) and beyond: towards a differentiated approach to criminal enforcement of intellectual property rights at the global level Christopher Geiger; 7. ACTA's digital chapter: remaining concerns and what can be done Rita Matulionyte; 8. The ACTA committee Peter Yu; Part II. Domestic Legislative Challenges: 9. ACTA's constitutional problem in the United States Sean Flynn; 10. Trick or treaty?: the Australian debate over the Anti-Counterfeiting Trade Agreement Matthew Rimmer; 11. A Brazilian perspective: res inter alios ACTA Denis Borges Barbosa; 12. Lessons to be drawn from the ACTA process: an African perspective Andrew Rens; Part III. Impact on Related Processes: 13. Three steps taken toward a reinterpreted three-step test: the impact of ACTA and SOPA on TPP Jonathan Band; 14. ACTA and the future of access to knowledge in the digital environment: US enforcement trends as a global predictor Annemarie Bridy; 15. ACTA, East African enforcement legislation and generic medicines - a comparison Christoph Spennemann; 16. The EU and its IP policies: ACTA and third countries Anselm Kampermann Sanders; Part IV. Views from Stakeholders: Lessons: 17. Lessons learned from the ACTA process: an industry perspective Candice Li; 18. Lessons learned from the ACTA process: the view of creators Adriana Moscoso; 19. ACTA, a view from the eye of the storm Marietje Schaake; 20. ACTA, EU, and economic, social, and cultural rights in the digital environment Ante Wessels; Part V. What Lies behind ACTA: 21. Assessing the implications of the Anti-Counterfeiting Trade Agreement for the European Union: legitimate aim but wrong means Christophe Geiger; 22. ACTA: anatomy of a failed agreement Bryan Mercurio; 23. What was left out of ACTA Kimberlee Weatherall; 24. Slaying the ACTA myths Michael Geist; 25. Developing countries and ACTA: the anatomy of contestation Ahmed Abdel-Latif; 26. ACTA: what lessons for future plurilateral agreements? Ricardo Meléndez-Ortiz and Ahmed Abdel-Latif.
About the author
Pedro Roffe is Senior Associate at the International Centre for Trade and Sustainable Development (ICTSD), where he contributes to the work of the Programme on Technology, Innovation and Intellectual Property and Development. He often advises governments, international organizations and private entities. In his work, he has paid particular attention to international negotiations and has advised governments on strategies and policies on international aspects of transfer of technology, intellectual property and foreign direct investment. In his various capacities, he has published articles and books and has been responsible for a number of collective publications.Xavier Seuba is Senior Research Associate and Lecturer at Centre d'Études Internationales de la Propriété Intellectuelle (CEIPI) at the University of Strasbourg and at Pompeu Fabra University, Barcelona. He has advised governments and international organizations in the context of trade negotiations and on occasions of adoption of policies and laws relating to intellectual property and pharmaceutical products. The books, articles and papers that he has authored, coordinated or edited deal with a range of topics falling within the areas of public international law and intellectual property law.
