Apparently, there has been a draft since the 14th of September 2010 for the proposal of the Treaty; Anti-Counterfeiting Trade Agreement to be established. The main aim of the Treaty is to provide an international paradigm on intellectual property right and enforcement by presenting strategies for dealing with counterfeit goods namely; pirated software, films, fake electrical goods and medicines. This Treaty would if ratified, be between current member states of the European Union, as well as Australia, Japan, America, Canada and South Korea. However as with any other international Treaty, it is not without hitch.
Firstly, critics have stated that important organisation like the World Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO) have been left out of the negotiations, thus creating a non transparent situation.
Secondly, there has been controversy concerning certain tenders as to what should be included. Amongst these are: a proposal for making internet service providers liable for materials downloaded illegally and America’s press for the “three strikes” rule to be enforced against persistent file sharers. At present, the above proposals have been dropped but various member states are still pushing to have proposals that would benefit them.
One does have to wonder why the negotiation process is secret in nature and why organisations like the WTO and WIPO that would have otherwise assisted in smooth negotiations, have been left out. Again critics have placed this on the assumption that the Treaty is not in public interest. One thing is certain though, at the end of all negotiations, a new Treaty will be born to combat an area of law that is becoming increasingly difficult to handle.
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