Jonathan Band Jonathan Band PLLC ACTA: A Quick Overview 1

Anti-Counterfeiting Trade Agreement Holy Roman Empire? Plurilateral Approach Preliminary discussions in 2006; announcement in 2007; negotiations begin in 2008 Bad experiences with WIPO (Broadcast Treaty, Development Agenda), WTO (Doha Round) Bilaterals too slow Based on U.S. Free Trade Agreements U.S., EU, Japan, Canada, Australia, NZ, etc. 2

Executive Agreement Unlike treaty, does not require Senate ratification Cannot change U.S. law (directly) But no other country wants to change its law either… 3

Transparency Initially drafts were secret (Internet chapter available under an NDA) Secrecy led to rumors Mandatory graduated response (“three strikes”) Searching iPods at the border EU Parliament Resolution re transparency Draft released on April 21,

Content What does it do? Unclear because so much is still in brackets Much relatively uncontroversial –International Cooperation –Technical Assistance 5

Content More controversial: Scope of agreement – all IP? Civil enforcement : statutory damages Criminal enforcement : patent infringement? (Many countries do not have criminal penalties for IP infringement) Internet chapter –Secondary liability –DMCA safe harbors –DMCA anticircumvention provisions No mandatory exceptions Coloring within the lines of U.S. law? 6

Thank you for your attention! 7