[ Last Updated 13 June 2008 ]
Short Description
Frequently asked questions and answers about the Anti-Counterfeiting Trade Agreement.
1. What is the objective of the proposed agreement?
The proposed Anti-Counterfeiting Trade Agreement (ACTA) aims to establish new global standards for the enforcement of intellectual property rights (IPRs) to more effectively combat the increasing prolific trade in counterfeit and pirated goods. The agreement would focus on three areas:
- increasing international cooperation between enforcement agencies and right holders;
- establishing best practices for enforcement; and
- providing a more effective legal framework to combat counterfeiting and piracy.
The agreement would build upon and complement existing international legal frameworks pertaining to the protection and enforcement of intellectual IPRs, including the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property (TRIPS).
2. Which countries are involved?
Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States have been involved in discussions.
3. What is the status of negotiations? What is the timetable and when will ACTA come into force?
A timetable has not been determined nor have parties agreed on a deadline to complete negotiations. It is expected that there will be a number of meetings as participants deal with different aspects of the proposed agreement.
4. Why has this process been kept from the public?
This process has not been kept from the public. On 23 October 2007, the partners involved in the proposed agreement at that time publicly announced that they had initiated preliminary discussions on the development of ACTA. The New Zealand Ambassador in Washington DC attended this announcement. A copy of the US Trade Representative's statement released in October 2007 is available online at:
Ambassador Schwab Announces U.S. Will Seek New Trade Agreement to Fight Fakes [link to external website]
While New Zealand has participated in the preliminary discussions following the October 2007 announcement, the decision to join negotiations was taken in May 2008:
New Zealand to Join Anti-Counterfeiting Trade Agreement Negotiations - Associate Minister of Commerce Media Statement
5. What impact will ACTA have on individual consumers?
The main objective of ACTA is to deal with large-scale counterfeiting and piracy activities, which often can involve criminal elements and pose a threat to public health and safety. It is not designed to be intrusive.
6. Will ACTA be discussed at this year's G8 Summit in Japan?
The development of ACTA and the G8 Summit are distinct and independent processes.
7. Why is ACTA not discussed in an existing international organisation dealing with intellectual property rights, such as the World Intellectual Property Organization (WIPO) or the World Trade Organization (WTO)?
The approach of a stand-alone agreement is considered appropriate to pursue this initiative at this stage. The partners involved in ACTA continue to value the important work of multilateral organisations such as the WIPO, WTO, APEC, OECD and others.
8. Why are countries recognised as the major sources of counterfeiting and piracy not involved?
At this point, the objective is to have a group of like-minded countries come together to work on ways to provide better protection and enforcement of IPRs. Counterfeiting and piracy is a growing global issue that has become a concern for all, in particular the adverse effects that such activities can have on a nation's economy, as well as on the public health and safety of its population. Organised criminal and terrorist groups are also involved in counterfeiting and piracy.
9. When will the public see a draft of ACTA and be able to input into its development?
As the substantive text of the proposed agreement is developed, officials will in be a position to conduct public consultations with interested parties on key elements of the agreement and, in particular, how those elements might impact upon existing enforcement measures currently provided in New Zealand.
10. Who will decide whether New Zealand joins ACTA?
A decision to join the proposed agreement will only be taken by the government after negotiations are concluded and the public have been invited to make submissions on the final form of the agreement.
The text of the Agreement, along with a National Interest Analysis assessing the benefits and costs of joining the Agreement, would then be submitted to the House of Representatives for review. This review involves the Agreement and National Interest Analysis being considered by a Select Committee (normally the Foreign Affairs, Defence and Trade Select Committee). The Select Committee consideration of the agreement provides a further opportunity for the public to make submissions in the event the government decides to join the agreement.