ACTA Draft.pdf

The Anti-Counterfeiting Trade Agreement (ACTA) draft text includes provisions on initial provisions and definitions, legal framework for enforcement of intellectual property rights, and civil enforcement. Key points include:

The agreement does not derogate from existing international obligations and allows parties to implement more extensive protection and enforcement of intellectual property rights.
The agreement is without prejudice to provisions governing the availability, acquisition, scope, and maintenance of intellectual property rights contained in a party's law.
Parties shall give effect to the provisions of the agreement and be free to determine the appropriate method of implementing the provisions within their own legal system and practice.
The agreement includes definitions for terms such as "days", "intellectual property", "Council", "measure", "person", "right holder", "territory", "TRIPS Agreement", "WTO", and "WTO Agreement".
The agreement establishes general obligations with respect to enforcement, including fairness, equity, and proportionality, and requires parties to take into account the need for proportionality between the seriousness of the infringement and the remedies or penalties ordered.
The agreement includes provisions on civil enforcement, including availability of civil procedures, injunctions, and damages, and requires parties to provide that their judicial authorities shall have the authority to issue injunctions and order damages to compensate for the injury suffered by the right holder.