Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement is the title given to an international agreement that seeks to introduce a standard policy towards intellectual property rights worldwide. At the moment this agreement is in its final stages, with a revised and final text dating from November 2010. This trade agreement aims to establish a standard approach towards the enforcement of intellectual property rights which can be adopted internationally.

The primary items that this trade agreement seeks to control include the distribution and sale of generic medicines and counterfeit products. Another key issue that is a major concern internationally is the problem of copyright infringement on the Internet. The Anti-Counterfeiting Trade Agreement seeks to set up an international policy towards this issue, which would help to curb and prevent what has become a widespread issue.

The jurisdiction of this agreement is not currently fixed, as it will set up new legislation which nations can adopt on a purely voluntary basis. Once they join the agreement, each nation will agree to accept the standard policy towards the enforcement of intellectual property rights, and to enforce the legislation set out in the agreement.

An interesting element of the Anti-Counterfeiting Trade Agreement’s approach is that it seeks to operate independently from other international organisations such as the UN and the World Trade Organisation. This decision was taken as it was felt that an independent framework gave involved countries the greatest freedom when deciding whether or not they wished to join the agreement, and allowed the group to operate with the greatest flexibility. There has been a level of unease in some circles concerning this agreement, as many feel that it may impede free expression and freedom of information on the Internet. Many people are opposed to any restrictions being placed on net usage, and this latest trade agreement is seen as the beginning of increased legislation regarding the Internet.