International anti-counterfeiting deal unveiled
Secret trade agreement revealed after two years
Personal care product manufacturers protecting high value brands will be scouring a draft Anti-Counterfeiting Trade Agreement (ACTA) released on 21 April after two years of secret negotiations. Framed mostly by rich developed countries including the US, the EU and Japan, the deal has been under discussion because of the failure to agree a comprehensive global agreement in talks with emerging markets such as China and India at the World Intellectual Property Organisation (WIPO).
The draft is notable in that it would establish the right of companies to sue counterfeiters in the jurisdictions of countries supporting ACTA and receive significant damages; it would also allow them to demand the seizure and destruction of counterfeit products in any signatory country. The treaty would also insist that all supporting countries criminalise what the draft calls “commercial” counterfeiting. Signatory countries would have a duty to swap intelligence on counterfeiting.
EU trade Commissioner Karel De Gucht said ACTA “will provide our industry and creators with better protection in overseas markets which is essential for business to thrive”. A key issue is that a permanent ACTA committee would be established to assess whether countries are complying with the treaty. It would initially screen signatory countries, but the agreement allows the committee to help developing and emerging markets comply with what could become a global gold standard on anti-counterfeiting rules. In 2008 (the latest available figures), 4.5 million counterfeit personal care products were seized in the EU alone, according to the European Commission.
Click here to read the agreement.