Tuesday, November 16, 2010

Final Text of Anti-Counterfeiting Trade Agreement Released

On November 15, the U.S. Trade Representative announced that the text of the Anti-Counterfeiting Trade Agreement (ACTA) had been finalized, subject to legal verification.  The final text is available here

The U.S. Chamber of Commerce issued a statement calling the agreement "a major step forward in our international efforts to protect innovators, workers and consumers all around the world" and a proactive policy that is "absolutely necessary to ensure our continued economic recovery by protecting American innovators, consumers, and workers."

However, privacy and freedom of speech advocates continue to criticize the agreement. 

I have previously written about ACTA, its purpose, and some of the criticism it had earlier faced, most recently in my October 15, 2010 and April 26, 2010 posts.  Although some minor edits have since been made, the final text does not appear to significantly differ from the draft that was released in October. 

According to the U.S. Trade Representative, the agreement will now go to the governing bodies within the countries that negotiated the agreement for a decision on whether to approve it. 

In the United States, the Obama administration has suggested it might approve ACTA as an "executive agreement," without seeking Congressional approval.  However, at least 70 law professors have written a letter to the President, criticising the agreement and suggesting that the "executive agreement" approach may be unconstitutional. 

Watch this space for further developments.