Anti-Counterfeiting Trade Agreement (ACTA)

Since December 2007, DFAT has invited submissions on the merits of the Anti-Counterfeiting Trade Agreement (ACTA). In July 2008 before the second round of negotiations, DFAT called upon stakeholders to consider making submissions border enforcement and civil enforcement issues. In October 2008 before the third round of negotiations, DFAT called upon stakeholders to also consider making submissions on criminal enforcement issues. Each of the topics listed for submissions are set out below:

Border Enforcement

Issues related to extending the Customs Application for Suspension Scheme as required under TRIPS.
Issues related to Customs searches of material which infringes IP rights without notification from the right owner.
Issues related to targeting material which infringes intellectual property (IP) rights which is being imported or exported from Australia, or being moved in-transit through Australia.
Issues related to strengthening border measures as a key element of reducing the international trade in material which infringes IP rights.

Civil Enforcement

Issues related to the incorporation of a system of pre-established or statutory damages in IP matters.
Issues related to the incorporation of a statutory formula or presumptions for the calculation of damages in IP matters.
Issues related to the incorporation of a statutory formula for the calculation of account of profits in IP matters.

Criminal Enforcement

Issues related to criminal measures being applied to copyright piracy and trade mark counterfeiting.
Issues related to judicial authorities having the authority to order the seizure of proceeds of crime for IP offences.
Issues related to recording performances at public events, and
the trafficking of labels to be used on pirated copyright and counterfeit trade mark goods.

To make a submission, please email your submission to IP@dfat.gov.au, or post your submission to the address below.

International Intellectual Property Section
Services and Intellectual Property Branch
Department of Foreign Affairs and Trade
R.G. Casey Building
Barton ACT 0221

Please mark your submission as confidential if you do not want DFAT to make it public.