Beyond the Text: The Significance of the Anti-Counterfeiting Trade Agreement

Journal of International Economic Law, Vol. 15, No. 2, pp. 361-390, 2012

30 Pages Posted: 31 Oct 2012

See all articles by Bryan Christopher Mercurio

Bryan Christopher Mercurio

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Date Written: October 30, 2012

Abstract

The Anti-Counterfeiting Trade Agreement (ACTA) aims to combat the proliferation of counterfeit and pirated goods ‘through enhanced international cooperation and more effective international enforcement’. Despite news reports and academic commentary to the contrary, the first part of this article demonstrates that the finalized version of the ACTA does not meaningfully enhance the international intellectual property (IP) law framework as it relates to international cooperation or international enforcement and therefore does not pose a substantial risk to the public or to domestic sovereignty. This is not to say that the ACTA does not have value; the second part of the article argues that the real significance of the ACTA lies not in its textual obligations but more in the effect it will potentially have as a starting point in multilateral and bilateral trade negotiations, as an alternative forum for IP rule making and on the ‘governance’ of international IP more generally.

Keywords: ACTA, international intellectual property, enforcement, TRIPS, FTAs, TPP

JEL Classification: K20, K11, K33, K39, K42, O34

Suggested Citation

Mercurio, Bryan Christopher, Beyond the Text: The Significance of the Anti-Counterfeiting Trade Agreement (October 30, 2012). Journal of International Economic Law, Vol. 15, No. 2, pp. 361-390, 2012. Available at SSRN: https://ssrn.com/abstract=2168587

Bryan Christopher Mercurio (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

6/F Western Teaching Complex
Shatin, New Territories
Hong Kong
(852) 2696 1139 (Phone)

University of New South Wales - Faculty of Law

Kensington, New South Wales 2052
Australia

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