The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath

ISBN-13: 9781107070127 / Angielski / Twarda / 2014 / 472 str.

Pedro Roffe; Xavier Seuba

Opis

The Anti-Counterfeiting Trade Agreement (ACTA) is the most important effort undertaken to lay down a plurilateral legal framework for the enforcement of intellectual property rights. With the view to learn more about the origins of this treaty, the process leading to its conclusion and its implications for law making in this field, The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath analyses in great depth both the context and the content of the agreements. In order to attain this objective, a large and diverse group of experts - renowned scholars, policy makers, civil society and industry actors - who represent different perspectives on the necessary balance between intellectual property enforcement and other economic and social interests have been gathered together. This book is the most comprehensive analysis of ACTA, and of its relation with ongoing initiatives to improve enforcement of intellectual property and norms pertaining to a range of international legal regimes, conducted so far.

Spis treści

Part I. The Final Act: Its Main Features and Contents: 1. An overview of the agreement: contents and features Frederick Abbott; 2. ACTA initial provisions and general definitions Xavier Seuba; 3. ACTA general obligations with respect to enforcement Xavier Seuba; 4. Provisions on civil enforcement - Section 2 of ACTA Anselm Kamperman Sanders; 5. Legal framework for enforcement: border measures Henning Grosse Ruse-Khan; 6. The Anti-Counterfeiting Trade Agreement (ACTA) and beyond: towards a differentiated approach to criminal enforcement of intellectual property rights at the global level Christopher Geiger; 7. ACTA's digital chapter: remaining concerns and what can be done Rita Matulionyte; 8. The ACTA committee Peter Yu; Part II. Domestic Legislative Challenges: 9. ACTA's constitutional problem in the United States Sean Flynn; 10. Trick or treaty?: the Australian debate over the Anti-Counterfeiting Trade Agreement Matthew Rimmer; 11. A Brazilian perspective: res inter alios ACTA Denis Borges Barbosa; 12. Lessons to be drawn from the ACTA process: an African perspective Andrew Rens; Part III. Impact on Related Processes: 13. Three steps taken toward a reinterpreted three-step test: the impact of ACTA and SOPA on TPP Jonathan Band; 14. ACTA and the future of access to knowledge in the digital environment: US enforcement trends as a global predictor Annemarie Bridy; 15. ACTA, East African enforcement legislation and generic medicines - a comparison Christoph Spennemann; 16. The EU and its IP policies: ACTA and third countries Anselm Kampermann Sanders; Part IV. Views from Stakeholders: Lessons: 17. Lessons learned from the ACTA process: an industry perspective Candice Li; 18. Lessons learned from the ACTA process: the view of creators Adriana Moscoso; 19. ACTA, a view from the eye of the storm Marietje Schaake; 20. ACTA, EU, and economic, social, and cultural rights in the digital environment Ante Wessels; Part V. What Lies behind ACTA: 21. Assessing the implications of the Anti-Counterfeiting Trade Agreement for the European Union: legitimate aim but wrong means Christophe Geiger; 22. ACTA: anatomy of a failed agreement Bryan Mercurio; 23. What was left out of ACTA Kimberlee Weatherall; 24. Slaying the ACTA myths Michael Geist; 25. Developing countries and ACTA: the anatomy of contestation Ahmed Abdel-Latif; 26. ACTA: what lessons for future plurilateral agreements? Ricardo Meléndez-Ortiz and Ahmed Abdel-Latif.