It is a first (and still unfinished version) analysis of the ACTA (based on the version published on May 27th 2011). I will periodically update the file.

1. ACTA: Personal analysis
Axel Beelen, lawyer in house at SAJ (Belgium)
3 Juin 2011
1

2. ✤ Analyse based on the version published on May 27th 2011
✤ 25 pages
✤ 45 articles & 6 chapters
✤ Has to be read having the TRIPS Agreement in mind
2

3. Noting that...
Complement to the TRIPS Agreement
Desiring to address the problem of infringement of intellectual
property rights, including infringement taking place in the digital
environment
Desiring to promote cooperation between service providers and right
holders to address relevant infringements in the digital environment
3

4. Table of content
✤ Chapter 1: INITIAL PROVISIONS AND GENERAL DEFINITIONS
✤ Chapter 2: LEGAL FRAMEWORK FOR ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS
✤ Chapter 3: ENFORCEMENT PRACTICES
✤ Chapter 4: INTERNATIONAL COOPERATION
✤ Chapter 5: INSTITUTIONAL ARRANGEMENTS
✤ Chapter 6: FINAL PROVISIONS
4

5. Chapter 1
✤ Section 1: Initial Provisions
✤ Section 2: General Definitions
5

6. Chapter 1, Section 1
✤ Article 1 to 4
✤ Nothing in this Agreement shall derogate from any obligation of a Party with respect to
any other Party under existing agreements, including the TRIPS Agreement.
✤ Each Party shall give effect to the provisions of this Agreement. Each Party shall be free
to determine the appropriate method of implementing the provisions of this Agreement
within its own legal system and practice.
✤ This Agreement shall be without prejudice to provisions in a Party’s law governing the
availability, acquisition, scope, and maintenance of intellectual property rights.
6

7. Chapter 1, Section 2
✤ Article 5
✤ Definitions (17) of: ACTA, Committee, competent authorities,
counterfeit trademark goods, country, customs transit, days,
intellectual property, in-transit goods, person, pirated copyright
goods, right holder, territory, transhipment, TRIPS Agreement, WTO
& WTO Agreement
7

8. Chapter 2
✤ Section 1: General Obligations
✤ Section 2: Civil Enforcement
✤ Section 3: Border Measures
✤ Section 4: Criminal Enforcement
✤ Section 5: Enforcement of Intellectual Property Rights in the Digital
Environment
8

9. Chapter 2, Section 1: General
obligations
✤ Article 6
✤
9

10. Chapter 2, Section 2
✤ Article 7 to 12
10

11. Chapter 2, Section 3
✤ Article 13 to 22
11

12. Ch apter 2, Section 4
✤ Article 23 to 26
12

13. Chapter 2, Section 5
✤ Article 27
13

14. Chapter 3
✤ Article 28 to 32
14

15. Chapter 4
✤ Article 33 to 35
15

16. Chapter 5
✤ Article 36 to 38
16

17. Chapter 6
✤ Article 39 to 45
17