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Anti-Counterfeiting Trade Agreement (ACTA)

Public information and consultations on the ACTA

The ACTA was first announced publicly by the US on 23 October 2007. In mid November 2007, DFAT placed an Australian discussion paper and request for submissions addressing the merits of joining negotiations on its homepage. Submissions were received for one month, and were then used to inform a decision announced by the Minister for Trade that Australia participate in negotiations. This decision to participate in negotiations does not bind Australia to join any subsequent treaty. This was announced on 1 February 2008, and a media release was posted on the Minister's homepage. Several other countries involved in the ACTA have also undertaken public consultations on the ACTA.

A detailed summary of all elements currently under discussion has been drafted by all ACTA negotiation participants, setting out the topics being addressed in ACTA discussions. This paper is intended to provide greater information to the public on the matters being negotiated, and guide stakeholders seeking to make submissions on ACTA negotiations.

Since December 2007, DFAT has welcomed submissions on the merits of the ACTA. DFAT has called for submissions on relevant issues following receipt of draft negotiating text. To make a submission, please email your submission to IP@dfat.gov.au, or post your submission to the address below. Submissions made so far have been referred to in guiding participation in negotiations, and future submissions will play the same role.

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.

Objectives of the ACTA

The participants in ACTA negotiations intend to use the ACTA to establish a new standard of intellectual property (IP) enforcement to combat the high levels of commercial scale trade in counterfeit and pirated goods worldwide. These participants intend that the ACTA improve intellectual property enforcement by:

The participants in ACTA negotiations do not intend for the ACTA to target individuals, the privacy of individuals or the property of individuals where those individuals are not engaged in commercial scale trade in counterfeit and pirate goods.

The Australian approach to the ACTA

As noted in Mr Crean's media release, Australia seeks an enhanced, practical international standard on IPR enforcement with broad international support, to compliment the existing international IP architecture. Australia regards the extent to which the ACTA can attract support from countries in our region as a critical issue in determining the real value of the ACTA for Australia. Taking part in the negotiations does not oblige Australia to join any resulting treaty.

Australian involvement in ACTA meetings

Australia participated in informal discussions in late 2007 and early 2008, discussing the proposed ACTA in general terms. Australia then participated in negotiations for the ACTA held on 3-4 June 2008 in Geneva, 30 July to 1 August 2008 in Washington, 8-9 October 2008 in Tokyo, 15-17 December 2008 in Paris, 16-17 July in Rabat, and 4-6 November in Seoul. Negotiations to date have addressed draft proposed text on civil enforcement, border enforcement, criminal enforcement, enforcement in the digital environment, enforcement practices, international cooperation and institutional arrangements. DFAT, the Attorney-General’s Department, Australian Customs Service, Australian Federal Police and IP Australia have been involved in negotiations.

Australia will next participate in the seventh round of negotiations to be held in Mexico in January 2010. We expect to publish the agenda for this round of negotiations in the weeks before the meeting. We also intend to continue to promote enhancing the transparency of negotiations at this round, to ensure the Australian public is kept well informed and has further opportunities to give input. Australia expects negotiations to extend into 2010.

Participants in ACTA meetings

Participants at the meetings have included Australia, Canada, the European Union (represented by the European Commission, and the European Union President), Japan, Jordan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, the United Arab Emirates, and the United States.