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Anti-Counterfeiting Trade Agreement (ACTA)

Since December 2007, DFAT has invited submissions on the merits of the Anti-Counterfeiting Trade Agreement (ACTA). These submissions are used to guide our participation in ACTA negotiations. As part of our ongoing consultations, DFAT continues to seek submissions on the range of ACTA related issues, which may be raised in forthcoming negotiating sessions.  DFAT will update this page once it is provided with information on the issues to be addressed in upcoming meetings, including the next round of negotiations from 15-18 December in Paris. 

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.

Department of Foreign Affairs and Trade - Advancing the interests of Australia and Australians internationally.
R.G. Casey Building, John McEwen Crescent, Barton, ACT, 0221 Australia. Tel: +61 2 6261 1111 Fax: +61 2 6261 3111
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