Sunday 2 October 2011

IPR protection: ACTA opinions USA and EU

After the signing ceremony blog post ACTA signed – EU deaf-mute and arguments by proponents in IPR protection in world trade: ACTA signed, we turn to recent and varied opinions about the Anti-Counterfeiting Trade Agreement (ACTA) and the quest for more stringent protection of intellectual property rights (IPR) in international trade.

Information Society Project

Margot has posted a note on the Information Society Project at Yale Law School, wondering if ACTA is unconstitutional in the United States as a Sole Executive Agreement.

The post links to four articles, among which and Techdirt are the most recent ones.

Sean Flynn, on, discusses the Constitutional problem in the USA. Can ACTA be implemented by the executive, or does it need approval by Congress? The post links to a number of articles arguing the need for Congressional consent and doubting if the ACTA provisions are consistent with US law.

The post also discusses potential approval or ratification problems in the European Union and Mexico, with links to detailed opinions and sources.


Ahead of the signing ceremony, Techdirt ran a story with links to a number of articles regarding Constitutional concerns in the United States and EU views corroborating that ACTA is an international treaty. According to the article, intellectual property is clearly a Congressional issue.


Official US views are expressed by the Office of the United States Trade Representative (USTR), which was diligent enough to post three news items during the weekend.

Partners Sign Groundbreaking Anti-Counterfeiting Trade Agreement, with a link to the USTR ACTA ”fact sheet”

ACTA: Meeting U.S. Objectives

Joint Press Statement of the Anti-Counterfeiting Trade Agreement Negotiating Parties

Due to the lack of recent active information from EU institutions and services, the USTR serves European and other readers as well:

Representatives of the European Union, Mexico, and Switzerland attended the ceremony and confirmed their continuing strong support for and preparations to sign the Agreement as soon as practicable. All participants expressed their firm resolve to work cooperatively to achieve the Agreement’s prompt entry into force, and to support actively its goals.

Ralf Grahn

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