Anti-Counterfeiting Trade Agreement (ACTA)
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- Australia to sign Anti-Counterfeiting Trade Agreement (ACTA), 30 September 2011
- Trade Minister Craig Emerson welcomes finalisation of ACTA text, 16 November 2010
- Joint Statement on finalising ACTA text, 16 November 2010
ACTA tabled in Parliament
The ACTA text was tabled in Parliament on 21 November 2011 along with a National Interest Analysis and Consultation document.
Importantly, the National Interest Analysis states that the implementation of ACTA in Australia will not require any changes to existing Australian laws.
The Joint Standing Committee on Treaties will conduct an inquiry into ACTA and report to the Government on the proposed treaty action within 20 sitting days.
The Committee is inviting interested persons and organisations to make submissions addressing the terms of reference. Information about the inquiry is available on the Joint Standing Committee on Treaties webpage.
ACTA signing ceremony
On 1 October 2011, Trade Minister Craig Emerson signed ACTA on behalf of Australia at a ceremony in Tokyo, Japan. Seven other ACTA countries (Canada, Japan, the Republic of Korea, Morocco, New Zealand, Singapore and the United States) also signed.
Participants in ACTA
Australia, Canada, the European Union (represented by the European Commission, and the European Union Presidency), Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States were participants in the ACTA negotiations.
Objectives of ACTA
The participants in ACTA intend to use the treaty 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. Participants intend that ACTA improve IP enforcement by:
- improving international cooperation;
- establishing enforcement best practice; and
- enhancing the enforcement legal framework worldwide.
It is not intended that ACTA target individuals, the privacy of individuals or the property of individuals where those individuals are not engaged in commercial-scale trade in counterfeit and pirated goods.
The Australian approach to ACTA
It was important that Australian perspectives be reflected in the ACTA negotiations. Australia has a high quality IP system with an effective and balanced enforcement regime. Australia did not join ACTA to drive change in Australian laws.
Australia sought an enhanced, practical international standard on IP rights enforcement with broad international support, to complement the existing international IP architecture. Australia regards the extent to which ACTA can attract support from countries in our region as one important issue in determining the value of ACTA for Australia.
No new legislative measures will be required to implement obligations under ACTA in Australia.
Public information and consultations on ACTA
Australia consistently advocated the maximum possible transparency for the ACTA negotiations. During the negotiations, several versions of draft text were released to the public containing the various proposals put forward by parties.
Throughout the ACTA negotiations, DFAT led extensive whole-of-government consultations with stakeholders, and information sessions on the published ACTA text.
ACTA was first publicly announced by the United States on 23 October 2007. In November 2007, DFAT published an Australian discussion paper outlining the details of the proposed ACTA, its purpose in the international IP system and its likely impact on Australia. DFAT published the paper on its website, with a request for submissions on the merits of participating in negotiations. The majority of submissions received favoured Australia’s participation in negotiations. Australia announced its decision to participate on 1 February 2008 and posted a media release on the homepage of the then Minister for Trade.
Further information about ACTA can be found in the ACTA Factsheet.
Contact us
International Intellectual Property Section
Services and Intellectual Property Branch
Department of Foreign Affairs and Trade
R.G. Casey Building
Barton ACT 0221
Email: ip@dfat.gov.au