Anti-Counterfeiting Trade Agreement (ACTA)
Public information and consultations on the ACTA
The ACTA was first announced publicly by the US on 23 October 2007. In mid November 2007, DFAT placed a discussion paper and request for submissions addressing the merits of joining negotiations on its homepage. Submissions were received for one month, and were then used to inform a decision announced by the Minister for Trade that Australia participate in negotiations. This decision to participate in negotiations does not bind Australia to join any subsequent treaty. This was announced on 1 February 2008, and a media release was posted on the Minister’s homepage. Several other countries involved in the ACTA have also undertaken public consultations on the ACTA.
Since December 2007, DFAT has welcomed submissions on the merits of the ACTA. To make a submission, please email your submission to IP@dfat.gov.au, or post your submission to the address below. Submissions made so far have been referred to in guiding participation in negotiations, and future submissions will play the same role.
To make a submission, please email your submission to IP@dfat.gov.au, or post your submission to the address below.
International Intellectual Property Section
Services and Intellectual Property Branch
Department of Foreign Affairs and Trade
R.G. Casey Building
Barton ACT 0221
Please mark your submission as confidential if you do not want DFAT to make it public.
Objectives of the ACTA
The participants in ACTA negotiations intend to use the ACTA to establish a new standard of intellectual property (IP) enforcement to combat the high levels of commercial scale trade in counterfeit and pirated goods worldwide. These participants intend that the ACTA improve intellectual property enforcement by:
- improving enforcement international cooperation;
- establishing enforcement best practice; and
- enhancing the enforcement legal framework.
The participants in ACTA negotiations do not intend for the ACTA to target individuals, the privacy of individuals or the property of individuals where those individuals are not engaged in commercial scale trade in counterfeit and pirate goods.
The Australian approach to the ACTA
As noted in Mr Crean’s media release, Australia seeks an enhanced, practical international standard on IPR enforcement with broad international support, to compliment the existing international IP architecture. Australia regards the extent to which the ACTA can attract support from countries in our region as a critical issue in determining the real value of the ACTA for Australia. Taking part in the negotiations does not oblige Australia to join any resulting treaty.
Australian involvement in ACTA meetings
Australia participated in informal discussions in late 2007 and early 2008, discussing the proposed ACTA in general terms. Australia then participated in negotiations for the ACTA held on 3-4 June in Geneva, 30 July to 1 August in Washington, 8-9 October in Tokyo and 15–17 December in Paris. Negotiations to date have addressed civil enforcement, border enforcement, criminal enforcement, enforcement practices, international cooperation and institutional arrangements. DFAT, the Attorney-General’s Department, Australian Customs Service, Australian Federal Police and IP Australia have been involved in negotiations.
Australia will next participate in negotiations planned for March in Morocco. Australia expects draft proposed text on internet issues will be discussed for the first time at this round. Australia also expects that areas of proposed draft text which have been discussed in previous negotiations will be discussed again in March, as well as in further rounds in 2009.
Participants in ACTA meetings
Participants at the meetings have included Australia, Canada, the European Union (represented by the European Commission, and the European Union President, France), Japan, Jordan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, the United Arab Emirates, and the United States. More countries may join the process at later meetings.