Anti-Counterfeiting Trade Agreement (ACTA)

In May 2008, New Zealand announced its decision to join negotiations with Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, Singapore, Switzerland and the United States of America with a view to development of a multi-lateral Anti-Counterfeiting Trade Agreement (ACTA).

According to the Ministry of Economic Development (“MED”), the purpose of ACTA is “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”.

While the negotiations are being conducted on a confidential basis, the MED has stated that the Agreement is intended to focus on

• increasing international cooperation between enforcement agencies and the owners of IPRs;
• establishing best practices for enforcement of IPRs; and
• improving the legal framework for combating counterfeiting and piracy.

The Agreement is concerned with counterfeiting and piracy on a commercial scale. It is not concerned with infringement by individuals for private or domestic use.

The negotiations are led by the United States of America and Japan and are independent of any international organisations such as the World Trade Organisation.

There have been four rounds of negotiations thus far. The topics covered by these rounds of negotiations include border protection measures, civil remedies and enforcement of IPRs, criminal enforcement of IPRs, international cooperation and enforcement practices, and internet distribution and information technology. The next round of discussions is due to be held in Morocco in March 2009.

As the negotiations and draft versions of the Agreement are confidential, no opportunity has been provided for the public to provide submissions on draft versions of the Agreement. However, in mid 2008 the New Zealand public was given an opportunity to present submissions identifying specific matters that they felt should be the focus of the Agreement for New Zealand. A summary of submissions received can be viewed on the Ministry of Economic Development’s website.

Once the Agreement has been completed, the New Zealand Government will need to ratify it before it takes effect in New Zealand. The public will be given an opportunity to make submissions on the text of the Agreement when the Government decides whether or not to ratify it.

There is no timeframe for completion of the Agreement. However, the negotiating parties have affirmed a commitment to conclude the Agreement as soon as possible.

Watch this space for updates on ACTA.