[This post appears jointly here and at the PublicACTA site]
For the past two years, most of the ACTA discussion has centered on two issues: (1) substantive concerns such as the possibility of three strikes and a renegotiation of the WIPO Internet treaties; and (2) transparency issues. The leak of the comprehensive ACTA text highlights the fact that a third issue should be part of the conversation. The text reveals that ACTA is far more than a simple trade agreement. Rather, it envisions the establishment of a super-structure that replicates many of the responsibilities currently assumed by the World Intellectual Property Organization. Given the public acknowledgement by negotiating countries that ACTA is a direct response to perceived gridlock at WIPO, some might wonder whether ACTA is ultimately designed to replace WIPO as the primary source of international IP law and policy making.
