Wikileaks Posts ACTA Documents Revealing Enforcement Cooperation and Practices Info
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Sunday April 12, 2009
Wikileaks has posted additional original ACTA documents, including draft language for several sections of the treaty. The leaked documents are consistent with earlier reports on the Enforcement of Intellectual Property Rights Chapter. The leak package also includes the Canadian non-paper on institutional arrangements for ACTA (Canada has since supplied draft treaty language that has not been leaked).
The one document this is completely new is the release of the non-paper on International Enforcement Cooperation and Enforcement Practices, which would form Chapters 3 and 4 of ACTA. The basis for discussion for the International Enforcement Cooperation (Chapter 3) are:
Developing expertise within domestic law enforcement structures to ensure effective handling of IPR matters. One way of doing this would be maintaining specialized authorities for the investigation and prosecution of IPR infringement cases.
Undertaking measures designed to raise awareness among government officials and the public regarding the importance of protecting IPR (ie. the problems associated with IPR infringement, such as health risks, economic damage, and other detrimental effects).
Risk Management Techniques
Adoping and sharing practices that assist in better identifying and targeting for inspection shipments that contain counterfeit trademark goods or pirated copyright goods. Such activities could include:
a. consultations with relevant stakeholders and competent authorities responsible for IPR enforcement to identify and address risks;
b. exchanging available data with other Parties regarding significant customs seizures of counterfeit and pirated goods wherever possible, including international networks;
c. sharing information with other Parties on approaches that are developed to provide greater effectiveness in targeting shipments that could contain counterfeit and pirated goods;
d. providing that its competent authorities may conduct post-entry examinations of business records, methods of payment, purchasing contracts, and importers' internal controls to track illicit financial gains and expose business practices related to trademark counterfeiting and copyright piracy.
Publication of Enforcement Procedures and Practices
An ACTA Party's sharing of information related to the IPR enforcement with the public is without prejudice to the need to protect investigative techniques, confidential law enforcement information, and privacy rights.
Zakaria Carlos said:
George Smiley said:
Sunday April 12, 2009