PT Journal
AU Metzger, A
TI A Primer on ACTA What Europeans Should Fear about the Anti-Counterfeiting Trade Agreement
SO JIPITEC
PY 2010
BP 109
EP 116
VL 1
IS 2
AB The European Commission recentlypublished the first official draft of the Anti-Counterfeiting Trade Agreement (ACTA). The article describesthe institutional background of the negotiations onACTA and its relationship to the existing legal framework. The civil enforcement provisions and the Internet chapter are compared with the international andEuropean instruments in the field. For the most part,ACTA will not oblige EU member states to enact rules that go beyond the already established Europeanstandards. But stricter rules could be implementedregarding injunctions against non-infringing intermediaries, strict liability rules for damages, and exparte measures in preliminary proceedings. According to the published draft, the termination of useraccounts in the case of repeated intellectual property infringement will not be mandatory for memberACTA states.
ER