New ACTA leaks have emerged this week that fill in the blanks about the remainder of the still-secret treaty. While earlier leaks provided extensive detail on the Internet and civil enforcement chapters, these latest leaks shed new light into the criminal enforcement section, the chapter on ACTA institutional issues, and international cooperation.
Criminal Enforcement
As described by KEI, the European Union has proposed language to require criminal penalties for "inciting, aiding and abetting" certain offenses, including "at least in cases of willful trademark counterfeiting and copyright or related rights piracy on a commercial scale." Willful copyright infringement includes instances that "have no direct or indirect motivation of financial gain."
Institutional Arrangements
KEI reports that the Institutional Arrangement chapter – Chapter 5 of the ACTA text – is the second longest in the treaty. It includes the creation of an ACTA Oversight Committee that may have the power to amend the treaty itself. The leaked text reveals the following proposal:
