The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath

Cambridge University Press, 11/27/2014
EAN 9781107070127, ISBN10: 1107070120

Hardcover, 472 pages, 22.9 x 15.2 x 2.5 cm
Language: English

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.

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.