Politics, compromise, text and the failures of the anti-counterfeiting trade agreement

Weatherall, Kimberlee (2011) Politics, compromise, text and the failures of the anti-counterfeiting trade agreement. The Sydney Law Review, 33 2: 229-263.

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Author Weatherall, Kimberlee
Title Politics, compromise, text and the failures of the anti-counterfeiting trade agreement
Formatted title
Politics, compromise, text and the failures of the anti-counterfeiting trade agreement
Journal name The Sydney Law Review   Check publisher's open access policy
ISSN 0082-0512
Publication date 2011
Sub-type Article (original research)
Volume 33
Issue 2
Start page 229
End page 263
Total pages 35
Editor David Rolph
Place of publication Rozelle, NSW, Australia
Publisher Lawbook Company
Collection year 2012
Subject C1
180115 Intellectual Property Law
940404 Law Enforcement
Formatted abstract
The Anti-Counterfeiting Trade Agreement (‘ACTA’) was concluded in
December 2010 after three years of controversy-plagued negotiations. This
plurilateral agreement seeks to set new international standards for the
enforcement of intellectual property (‘IP’), and promote global cooperation in
that field. Many have questioned the validity of negotiating a plurilateral
agreement on IP enforcement. This article does not seek to re-tread that wellworn
ground. Instead, the article evaluates the claims made for ACTA by its
supporters and proponents. Two key claims are made for ACTA: that it will
improve international cooperation in IP enforcement; and that it will enhance
the legal framework by establishing a ‘new standard of IP enforcement’. This
article seeks to assess these claims seriously, through a careful examination of
the ACTA text in context. The picture that emerges is that first, even in areas
where the ACTA text appears to be prescriptive, it is less so than first appears
owing to the adoption of politically expedient language and, second, that the
provisions addressing international cooperation are rudimentary in comparison
to other plurilateral enforcement-related treaties such as the Convention on
Cybercrime
. As a result, ACTA perhaps stands as an object lesson in how not to
negotiate an agreement on international cooperation in law enforcement.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2012 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 12 Sep 2011, 13:51:30 EST by Carmen Buttery on behalf of T.C. Beirne School of Law