All You Need To Know About The Anticounterfeiting Trade Agreement Text

The Anticounterfeiting Trade Agreement Text is a treaty that aims to enhance the global enforcement of intellectual property rights like trademarks and copyrights. The agreement was signed by the European Union and some other countries in 2012, at the Ministry of Foreign Affairs in Tokyo.

Although there are some controversies about internet freedom and perceived privacy threats, many organisations still show their support towards the method of fighting counterfeits. Over time, the Anticounterfeiting Trade Agreement Text is bound to be generally accepted around the world.

In the European Union, the  arrival of the ACTA is not going to lead to new laws, intellectual property rights, or criminal offences. Instead, it will create an international framework that improves the processes involved in the enforcement of intellectual property laws.

Some critics argue that the Anticounterfeiting Trade Agreement will favour right-owners interests over privacy, free speech, and some fundamental human rights. The reason for this criticism is that the ACTA might lead to infringements on the personal information of suspected offenders when internet providers run surveillance on their network.

How It Happened

The ACTA started its fight against counterfeits on 1st October, 2011, in Tokyo, when the United States, Australia, Canada, South Korea, Morocco, Japan, and New Zealand signed the agreement text. The signing was an important step in igniting the battle against copyright piracy and trademark counterfeiting.

In the ceremony, representatives from the participant countries and the European Union confirmed their complete support to the preparation and signing of the ACTA. To bring the ACTA into full effect, the signatories must deposit instruments of ratification, approval, or acceptance.

The ACTA Controversy

There has been a few controversies about the Anticounterfeiting Trade Agreement Text. One controversy is the worry some people have over the agreement favouring the interests of large businesses over citizen’s rights. This set of people also see its online application as a threat to privacy.

Another controversy is over a perceived lack of transparency, as developing countries and civil society groups are not involved in the Anticounterfeiting Trade Agreement Text. 

What Does The Anticounterfeiting Trade Agreement Text Cover?

The Anticounterfeiting Trade Agreement Text covers everything that has to do with counterfeit goods and copyright infringements. Whether counterfeits of your company’s products are being sold in the market, or someone infringes on your originality, the ACTA is set to protect you. 

Participants And Countries That Signed The ACTA

The participating countries of the Anticounterfeiting Trade Agreement Text (ACTA) include: Australia, Japan, Canada, Mexico, South Korea, Singapore, Morocco, New Zealand, the United States of America, and the European Union. These countries all signed the Anticounterfeiting Trade Agreement Text.

The European Union was represented in the agreement’s negotiations by the EU Presidency, Member States, and the European Commission. 

ACTA And The European Parliament 

Before the Anticounterfeiting Trade Agreement can be enforced in the EU, the European Parliament needs to give its consent. This is due to the Lisbon Treaty that grants the Parliament the right to veto most of the international agreement that the EU partakes in.

On the 4th July, 2012, the European Parliament rejected the Anti-Counterfeiting Trade Agreement, which led to the agreement not coming into effect in the EU. This incident was the first time the European Parliament utilised its power of the Lisbon Treaty to reject an international agreement.

During the session held by the Parliament, 39 MEPs voted in favour of the ACTA, 478 voted against, and 165 abstained from voting. There was also direct lobbying by thousands of European citizens during the debate to reject the agreement. 

After repeated emails, street demonstrations, and a petition signed by 2.8 million citizens around the world, the European Parliament was left with little choice but to prevent the EU and its member states from joining the ACTA. Especially since the agreement proved to be controversial from inception.

In addition, a total of five parliamentary committees were against the ACTA. The first committee was the legal affairs committee who voted against a draft opinion. The civil liberties committee and industry committee voiced their approval to the rejection.

Following the three committees, the development committee on June 4th, 2012, also voted against the ACTA. The international trade committee was the final straw, and it recommended MEPs to reject the Anticounterfeiting Trade Agreement.

Although the Parliament rejected the ACTA, that doesn't mean the EU has given up on its fight against counterfeiting. The EU has set several brand protection solutions in motion like Digital Product Passports that work by using data carriers, like QR-codes, to help Europe tackle counterfeits. Authentify provides an easy way for you to protect your brand with an intuitive app. Check our complete guide to DPP.

Final Words 

The Anti-Counterfeiting Trade Agreement Text is a revolutionary initiative signed by several countries that intends to strengthen the framework set in place for combating global counterfeiting or intellectual property right infringements.

The ACTA protects the originality of trademarks and intellectual copyrights. To find out how to protect your business with the ACTA, check out our site.