9th round of negotiations on an Anti-Counterfeiting Trade Agreement (ACTA), 28 June- 1 July 2010

The 9th round of negotiations on an Anti-Counterfeiting Trade Agreement (ACTA) was held in Lucerne (Switzerland) from 28 June to 1 July 2010. According to negotiating States, this agreement aims to strengthen the protection of intellectual property rights in a context of growth in the trade of counterfeited goods.

After the publication of a draft agreement following the 8th round of negotiations held in April 2010, in New Zealand, negotiating States of the Anti-Counterfeiting Trade Agreement (ACTA) met in Lucerne from 28 June to 1 July 2010 for a 9th round of negotiations.

States participating in the negotiations include Australia, Canada, the European Union, Japan, Morocco, Mexico, New Zealand, South Korea, Singapore, Switzerland and the United States of America.

Several representatives of civil society, such as Médecins sans frontières, Act up Paris, Knowledge Ecology International, Oxfam, La Quadrature du Net and Third World Network, were present and had the opportunity to meet negotiators. Representants of the Law School of the American University of Washington presented a paper, published on 23 June 2010 and signed by ninety experts, which raises several questions concerning the content of the draft Agreement.

According to the Swiss Federal Institute of Intellectual Property, debates were intense and concerned mainly civil and criminal measures in cases of intellectual property rights infringements, border measures, enforcement of rights in the digital environment and the scope of application of the agreement.

Negotiating States underlined that the draft Agreement respects fundamental rights and freedoms and does not go against the provisions of World Trade Organization (WTO) TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights). Finally, negotiating States highlighted that the draft Agreement does not require customs authorities to seek pirated goods in travelers’ luggage and electronic devices.

The next round of negotiations will be held in the United States of America, during summer 2010.

• 30-07-2010