Thursday, October 7, 2010


The text of the ACTA - Anti Counterfeiting and Trade Agreement - has been released today. I havent had much of a chance to go through it but it is available here for those looking for it. Be careful when you read it to separate the things that 'must' be done from those that 'may' be done. Also the text commonly states that it applies to 'at least' copyright and trade mark meaning there is discretion to expand the provisions to other areas in the future.

I note that the border security measures may be excluded with respect to travelers' personal luggage which means that the non commercial and personal use of works may continue without baggage or personal searches at airports.

The treaty does appear to insist on increased damages payable on infringement of the law, increased measures for the disclosure of identities from ISPs as well as the implementation of laws with respect to the anti circumvention of DRM.

Countries involved in the negotiation of the agreement include: Australia, Canada, the European Union (EU) represented by the European Commission and the EU Presidency (Belgium) and the EU Member States, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States of America.

Further Reading
Anti-Counterfeiting Trade Agreement (2 October 2010) <> at 7 October 2010

Office of the United States Trade Representative, Statement from Ambassador Ron Kirk Regarding the Public Release of ACTA Text (October 2010) < > at 7 October 2010

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