The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union

@article{Matthews2012TheRA,
  title={The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union},
  author={D. Matthews and Petra Žikovsk{\'a}},
  journal={IIC - International Review of Intellectual Property and Competition Law},
  year={2012},
  volume={44},
  pages={626-655}
}
  • D. MatthewsPetra Žikovská
  • Published 15 October 2012
  • Law, Political Science
  • IIC - International Review of Intellectual Property and Competition Law
This article revisits the arguments, debates and controversies that led up to the European Parliament’s rejection of the Anti-Counterfeiting Trade Agreement (ACTA), and evaluates the implications for the European Union (EU) of the scrutiny of international agreements with provisions on intellectual property rights in the future. The article undertakes these tasks in four stages. First, it examines how Parliament was able for the first time to exercise its power of veto over a draft… 

The anti-counterfeiting trade agreement: the ethical analysis of a failure, and its lessons

  • L. Floridi
  • Political Science
    Ethics and Information Technology
  • 2015
It is argued that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy, and three lessons that can help in shaping a potential ACTA 2.0.

Revisiting the European Convention: the origins of the EP veto over international commercial treaties

ABSTRACT The European Parliament had long tried and failed to gain a substantive role in the Common Commercial Policy. The Treaty of Lisbon brought a breakthrough for the EP by giving it a veto over

The European Union in International Investment Governance: A Hybrid Approach to Dispute Settlement

Investor-state dispute settlement and arbitration, in particular, stands at the centre of a process intended to reform the global regime of international investment treaties. The mechanism’s negative

The European Union in International Investment Governance: A Hybrid Approach to Dispute Settlement

Investor-state dispute settlement and arbitration, in particular, stands at the centre of a process intended to reform the global regime of international investment treaties. The mechanism’s negative

The role of the European Parliament in international negotiations after Lisbon

ABSTRACT After the entry into force of the Treaty of Lisbon, the European Parliament (EP) can give or withdraw its consent to most international agreements. This new scenario calls for theoretical

The connection between parliamentary and extra-parliamentary opposition in the EU. From ACTA to the financial crisis

Abstract With no formal division between majority and opposition in the parliamentary arena, the European Union (EU) calls for an approach to political opposition which considers the role of civil

A Normative Basis for EU External Relations? Protecting Internal Values Beyond the Single Market

This chapter analyses the EU’s obligation to uphold and promote its values and interests in its external polies, in particular as regards some of the values generally underpinning the EU’s internal

Towards a Balanced International Legal Framework for Criminal Enforcement of Intellectual Property Rights

The harmonization of the legal framework for criminal enforcement of intellectual property rights (IPR) at the regional and international level has since its inception been a sensitive and difficult

The Anti-Counterfeiting Trade Agreement and European Civil Society : A Case Study on Networked Advocacy

As a case study the European Anti-Counterfeiting Trade Agreement (ACTA) debate provides the opportunity to investigate networked advocacy in information policy within European Democracy. However,

The Anti-Counterfeiting Trade Agreement and the Networked Public Sphere : How to avoid a Convergent Crisis

Communications scholarship faces a convergent crisis. Research on networks includes the role of information networks in supporting social movements, networked civil society, the information society,

References

SHOWING 1-10 OF 12 REFERENCES

Beyond the Text: The Significance of the Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement (ACTA) aims to combat the proliferation of counterfeit and pirated goods 'through enhanced international cooperation and more effective international

Copyright enforcement in the digital age: a post-ACTA view on the balancing of fundamental rights

This article analyses the relation between copyright enforcement and the fundamental rights of (alleged) infringers in the context of the existing European framework and assesses whether the measures proposed in ACTA upset the balance set by the CJEU.

Six Secret (and Now Open) Fears of ACTA

In April 2009, Japan, the United States, the European Community, and other negotiating parties of the Anti-Counterfeiting Trade Agreement released a joint consolidated draft of the once-secret

Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting Trade Agreement (ACTA)

Over the past four years, through a coordinated series of public announcements that seemed to have been stimulated in part by previously leaked documents, details gradually came to light concerning

Transparency Soup: The ACTA Negotiating Process and ‘Black Box’ Lawmaking

The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously,

The Lisbon Treaty, Trade Agreements and the Enforcement of Intellectual Property Rights

Under the Lisbon Treaty on the Functioning of the European Union, national parliaments no longer ratify international trade agreements, such as those relating to intellectual property enforcement.

Parallel trade: a user's guide.

This chapter provides guidance about parallel trade to developing country policy-makers and other stakeholders in intellectual property. What is parallel trade? And how can it be utilized to promote

Counterfeiting and Public Health

The seizure of generic drugs by the Dutch customs authorities under the auspices of the EU Border Measures Regulation raises the prospect that public health imperatives are being jeopardized by a tendency to merge concerns about counterfeit goods that infringe trademarks, with the debate about how best to deal with medicines suspected of infringing patents.

Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research

Contents: Introduction PART I: COUNTERFEITING: A SOCIETY ISSUE? 1. Economic, Legal and Social Impacts of Counterfeiting Reto M. Hilty 2. Counterfeiting and Consumer Protection Ansgar Ohly 3.

Intellectual Property, Human Rights and Development: The Role of NGOs and Social Movements

Contents: 1. The Interface between Intellectual Property Rights and Development 2. Public Health and Access to Medicines 3. Agriculture, Genetic Resources and Traditional Knowledge 4. South Africa 5.