The Anti-Counterfeiting Trade Agreement and Criminal Enforcement of Intellectual Property: What Consequences for the European Union?
In: J. Rosén (ed.), Intellectual Property Rights at the Crossroads of Trade, Cheltenham, Elgar, 2012, pp. 167-181
15 Pages Posted: 19 Apr 2012 Last revised: 24 Feb 2017
Date Written: April 12, 2012
The Anti-Counterfeiting Trade Agreement (ACTA) and the secrecy of its negotiation process have given rise to widespread speculation on the content and the objectives of the Agreement, leading to the development of considerable mistrust among the general public. This article concentrates on one of the most problematic aspects of the Agreement: the provisions on criminal enforcement. It will first show why criminal enforcement of intellectual property is generally a problematic issue, especially in the European Union, and then briefly try to demonstrate why ACTA is not the right answer in this regard, since criminal enforcement provisions clearly need a differentiated approach, an approach which is not reflected in the Agreement.
Keywords: ACTA, enforcement of intellectual Property, criminal law, European Union, directive proposal on criminal enforcement, TRIPS, WTO Panel Report of 26 January 2009
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