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• Enforcement

• Anti-Counterfeiting

• Invitation for Further Submissions
• Media Statement by Participants, 12 June 09
• Summary of Further Submissions
• Summary of Key Elements
• Summary of Key Elements
• Fact sheet
• anti-counterfeiting
• Summary of Submissions Received About ACTA
• ACTA: FAQ
• ACTA Negotiations

Background

New Zealand along with a number of trading partners, including the Australia, Canada, the European Union, Japan, Korea, Mexico, Singapore, Switzerland, and the United States have been engaged in discussions over the development of a pluralateral Anti-Counterfeiting Trade Agreement ("ACTA"). The goal of ACTA is to set a new, higher benchmark for intellectual property rights (IPRs) enforcement that countries can join on a voluntary basis. The discussions represent a cooperative effort by the governments to respond to the increase in global trade of counterfeit goods and pirated copyright protected works.

In May 2008 when announcing the government’s decision to participate in the negotiations the then Associate Minister of Commerce invited the public to indentify to the Ministry of Economic Development specific matters that should be the focus of the agreement for New Zealand.  Those submissions were used to guide our participation over the last four rounds of negotiations.

Further Consultation

The Ministry of Economic Development seeks further submissions from the public on a range of ACTA related issues, which may be raised in forthcoming negotiating rounds, to assist in guiding our on-going participation.  These are issues related to:

Border Protection Measures

• Extending the existing measures concerning copyright and trade marks infringement to goods infringing other types IPRs, such as patents and industrial designs.
• Customs detaining shipments of goods suspected of infringing IPRs without having received notification from a right holder.
• Customs targeting shipments being exported from New Zealand for goods infringing IPRs.

Civil Enforcement

• Incorporation of system of pre-established or statutory damages as part of the remedies available to right holders for infringement of IPRs.
• Incorporation of a statutory formula or presumptions for use by the courts in calculating of damages arising from infringement of IPRs.
• Incorporation of a statutory formula for use by the courts in taking account of profits arising from infringement of IPRs.
• The courts being given the authority to order the delivery up and disposal of those material and implements used in creation or manufacture of infringing goods.
• The courts being given the authority to order an infringer to provide to the right holder, for the purpose of collecting evidence, any information that the infringer possesses or controls, such as information on the origin and distribution networks of the infringing goods.

Criminal Enforcement

• Criminal measures being applied to copyright infringement and in particular substantial copying and/or large scale distribution of infringing works that has no direct or indirect motivation for financial gain.
• The courts having the authority to order the seizure of proceeds of crime from IPRs offences.
• Criminal measures being applied to the unauthorised copying, such as camcording, of a motion picture or other audiovisual work being exhibited in a facility open to the public.
• Trafficking of counterfeit labels, packaging and documents designed to be affixed to, enclose, or accompany counterfeit goods or pirated works.

To make a submission, please email your submission to trademarks@med.govt.nz

Please note that your submission may be subject to disclosure under the Official Information Act 1982.

Persons making submissions that include commercially or otherwise sensitive material that they wish the Ministry to withhold under the Act should clearly identify the relevant information and the applicable grounds under which the Ministry could withhold the information.

The closing date for submissions is Monday, 29 June 2009.