Relevant bibliographies by topics / ACTA (Anti-Counterfeiting Trade Agreement)

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Academic literature on the topic 'ACTA (Anti-Counterfeiting Trade Agreement)'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "ACTA (Anti-Counterfeiting Trade Agreement)"

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Geist, Michael. "The Trouble with the Anti-Counterfeiting Trade Agreement (ACTA)." SAIS Review of International Affairs 30, no. 2 (2010): 137–47. http://dx.doi.org/10.1353/sais.2010.0017.

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Judge, Elizabeth F., and Saleh Al-Sharieh. "Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law." Alberta Law Review 49, no. 3 (2012): 677. http://dx.doi.org/10.29173/alr113.

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The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.
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Uerpmann-Wittzack, Robert. "Das Anti-Counterfeiting Trade Agreement (ACTA) als Prüfstein für die Demokratie in Europa." Archiv des Völkerrechts 49, no. 2 (2011): 103. http://dx.doi.org/10.1628/000389211796966643.

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Cossiavelou, Vassiliki. "ACTA as Media Gatekeeping Factor." International Journal of Interdisciplinary Telecommunications and Networking 9, no. 1 (2017): 26–37. http://dx.doi.org/10.4018/ijitn.2017010103.

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This paper explores the influence of regulatory instruments in media content gatekeeping model and especially, the impact of ACTA (Anti-Counterfeiting Trade Agreement) in online media industries. The author argues that both developments in the regulatory field worldwide as well as the emerging role of international agreements' negotiators on internet access and security issues are going to influence also the media gatekeeping model. The analysis shows that even an updated by the ICTs' evolutions media gatekeeping model should follow the developments on regulations' global debate related to online media and on their impact to the electronic and mobile (e/m) business models. The actions taken by EU institutions indicate the establishment of EU as a global negotiator in cultural industries as well as the global internet users' communities as an informal negotiator for online media issues.
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Matthews, Duncan, and Petra Žikovská. "The Rise and Fall of the Anti-Counterfeiting Trade Agreement (ACTA): Lessons for the European Union." IIC - International Review of Intellectual Property and Competition Law 44, no. 6 (2013): 626–55. http://dx.doi.org/10.1007/s40319-013-0081-y.

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6

Telec, Ivo. "Political Freedom and Intellectual Property Rights: Conflict of values." International and Comparative Law Review 15, no. 2 (2015): 7–22. http://dx.doi.org/10.1515/iclr-2016-0033.

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Abstract The paper critically observes the current legal and political happenings around the international multilateral Anti-Counterfeiting Trade Agreement (ACTA), including criticism for its rejection by the European Parliament in the year of 2012. This example is treated in the sense of the collision of values in today’s information society, e.g. political freedom on the one hand, and intellectual property rights on the other. The collision of values is balanced fairly by the laws, for example by the statutory licenses and compulsory licenses, too. This text also critically considers some aspects of the contemporary political ideology of information. The author considers the majority of the European public reaction to the Anti-Counterfeiting Trade Agreement as fearful, irrational and populist by politicians. “Electronic Violence” remains violence like any other and everyone must have the courage to face it. The information society itself is based on the same values as any other human society. Likewise, the information society is prone to various vices, such as greed for foreign assets without any compensation. This greed is only masked by political rhetoric about freedom and human rights. Therefore, it is necessary to distinguish between legal ideology of information from legally regulated economic shifts.
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Subramanian, Sujitha. "THE CHANGING DYNAMICS OF THE GLOBAL INTELLECTUAL PROPERTY LEGAL ORDER: EMERGENCE OF A ‘NETWORK AGENDA’?" International and Comparative Law Quarterly 64, no. 1 (2014): 103–39. http://dx.doi.org/10.1017/s0020589314000426.

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AbstractThe Anti-Counterfeiting Trade Agreement (ACTA) had sought to augment intellectual property (IP) enforcement practices, to counter the proliferation of counterfeit and pirate goods and to regulate digital infringements. This paper examines the collapse of ACTA and challenges the traditional orientation of the debate concerning the tension between the ‘enforcement’ and ‘development’ agendas. The ACTA negotiating partners, mainly developed states, created a forum outside the aegis of international IP norm-making bodies to avoid the distractions posed by developing countries whilst promoting an alternative ‘enforcement agenda’. Despite this effort, ACTA collapsed from ‘within’. The paper argues that ACTA failed due to the extemporaneous emergence of a random configuration of civil society groups, academics, ‘netizens’ and legislators within ACTA negotiating countries independently pursuing an agenda that can be called the ‘network agenda’. This new agenda aimed to protect the right to privacy, data protection and freedom of speech within the digital medium. While current debates on the global IP legal order are generally limited to, and characterised by the Global North-South considerations, the ‘network agenda’ cuts longitudinally through territorial configurations and squarely places the interests of the IP owner against those of the public. Consequently, the paper highlights the potential of the network agenda to dilute the existing polarities in the IP debate and impact on the dynamics of international intellectual property law by creating an inclusive platform within IP discourse that attempts to integrate colliding rationalities present within the world society.
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Fellmeth, Aaron X. "The Anti-Counterfeiting Trade Agreement." International Legal Materials 50, no. 2 (2011): 239–57. http://dx.doi.org/10.5305/intelegamate.50.2.0239.

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Mercurio, B. "Beyond the Text: The Significance of the Anti-Counterfeiting Trade Agreement." Journal of International Economic Law 15, no. 2 (2012): 361–90. http://dx.doi.org/10.1093/jiel/jgs018.

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Floridi, Luciano. "The anti-counterfeiting trade agreement: the ethical analysis of a failure, and its lessons." Ethics and Information Technology 17, no. 2 (2015): 165–73. http://dx.doi.org/10.1007/s10676-015-9374-9.

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Dissertations / Theses on the topic "ACTA (Anti-Counterfeiting Trade Agreement)"

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Losey, James. "The Anti-Counterfeiting Trade Agreement and the Networked Public Sphere : How to avoid a Convergent Crisis." Thesis, Uppsala universitet, Medier och kommunikation, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-204641.

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Communications scholarship faces a convergent crisis. Research on networks includes the role of information networks in supporting social movements, networked civil society, the information society, and new forms of communication. But while communications literature utilizes a variety of approaches to describe the impact of networked communications, a dearth of technical expertise permeates scholarship. Despite the discourse on networks potentially bridging previously distinct disciplines, the lack of a fundamental understanding of communications networks and relationships between technical and socio-political networks remains a consistent gap. This thesis will investigate the extent that opposition to the Anti-Counterfeiting Trade Agreement (ACTA) in Europe constitute a networked public sphere. Through studying the role of civl society and the networked public in the European ACTA debate, the horizontal and vertical dimensions of socio-political and communications technology networks are not only illuminated, but the importance of analyzing the mechanisms through which vertical hierarchies enclose the public sphere become abundantly clear. This research provides the foundation for an interdisciplinary approach to understanding the relationship between information technology and socio-political networks and offers lessons for information policy makers, communications scholars, and networked civil society within the context of European democracy.
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Runi, Rutendo Juliana. "Balancing trade remedies and preferential trade agreements: A South African experience." University of the Western Cape, 2018. http://hdl.handle.net/11394/6831.

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Magister Legum - LLM<br>Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade with bilateral, regional and multilateral trade negotiations on the rise. Multinational companies have also enlarged which enable production to be done seamlessly in different countries, increase in capital flows such as purchase of assets and bonds has also contributed. Furthermore, the surge on technological innovations and advancement cannot be ignored when one speaks of globalisation this era has been dubbed the technological era additionally there is also the role of migration which enhances labor movements. The world has rapidly shrunk to one global economy. After the World War II countries began to move away from protectionism to liberalised trade and this resulted in the formation of the General Agreement on Tariffs and Trade (GATT) then the World Trade Organisation (WTO) which is comprised of 164-member states. The WTO regulates trade and promotes free trade. Over the years the organisation has been evolving to deal with issues such as climate and technical assistance. Global trade presents challenges which may give rise to the need for countries to protect their domestic industries for political and economic reasons.
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Kang, Su-Ju. "L'action extérieure de l'Union Européenne en faveur du renforcement du regime des droits de propriété intellectuelle en Chine." Thesis, Rennes 1, 2016. http://www.theses.fr/2016REN1G011.

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Malgré l’amélioration du régime des droits de propriété intellectuelle (DPI) en Chine après l’accession de celle-ci à l’Organisation mondiale du commerce (OMC) en 2001, la question relative aux DPI demeure l’un des « sujets de vive préoccupation » dans le commerce sino-européen. Selon la stratégie européenne visant à assurer le respect des DPI dans les pays tiers, adoptée en 2005 et renouvelée en 2014, la Chine est ciblée par la Commission européenne comme le premier pays tiers dans lequel les autorités locales ne prennent pas de mesure efficace pour s’attaquer aux problèmes de violations des DPI. En raison des enjeux politiques et économiques importants pour l’UE, son intervention est nécessaire pour améliorer le régime des DPI et l’environnement de l’investissement en Chine. L’analyse de l’action extérieure de l’UE s’appuie sur l’étude des instruments auxquels elle recourt en vue de renforcer la protection et le respect des DPI en Chine. L’objet de notre recherche est d’examiner la manière dont l’Union choisit d’exploiter les instruments à géométrie variable au sein des enceintes multilatérale et bilatérale. Deux axes distincts mais complémentaires orientent la mise en œuvre de l’action extérieure de l’UE vis-à-vis de la Chine : l’approche coopérative, d’une part, et de l’approche conventionnelle, d’autre part. L’approche coopérative vise d’abord à rapprocher le régime juridique chinois des standards les plus élevés du droit de l’UE. En dépit d’un certain nombre de difficultés limitant l’efficacité de l’action extérieure de l’UE, la coopération bilatérale avec la Chine permet de contribuer à l’amélioration du régime juridique chinois. La convergence normative devrait ensuite faciliter l’apparition d’une approche commune entre l’UE et la Chine sur le plan conventionnel. Il importe à cet égard de souligner la position divergente de la Chine face à la promotion de l’UE, par la voie conventionnelle, d’un renforcement de la protection et du respect des DPI. Malgré la convergence accrue des positions européenne et chinoise favorables à la protection « ADPIC-plus » des DPI, la Chine se montre réticente voire hostile envers les initiatives conventionnelles de l’UE tendant à renforcer les mesures relatives au respect des DPI<br>Despite the improvement of China’s intellectual property rights (IPR) regime after this country’s World Trade Organization (WTO) accession in 2001, the IPR remains one of “major concerns” in Sino-European trade relation. According to European strategy for the enforcement of intellectual property rights in third countries, adopted in 2005 and renewed in 2014, China is identified by the European Commission as first priority country, in which the local authority does not take effective measures to tackle the problems caused by IPR violations. Taking into account the EU’s important political and economic concerns, his action is necessary in order to improve the IPR regime and the investment environment in China. The analysis of EU’s external action is based on the instruments used to strengthen IPR’s protection and enforcement in China. The purpose of our research is to examine the EU’s method to use the different instruments within the multilateral and bilateral fora. Two distinct but complementary axes orientate the undertaking of EU’s external action vis-à-vis China: cooperative approach, on the one hand, and the conventional approach, on the other hand. Firstly, the cooperative approach aims to bring Chinese legal system closer to higher standards in EU law. In spite of certain difficulties limiting the efficacy of EU external action, the bilateral cooperation with China can contribute to a better legal system in China. Then, the normative convergence should be able to facilitate the emergence of a common approach between the EU and China in the conventional framework. In this respect, it is important to emphasis Chinese divergent position with regard to EU’s conventional approach aiming to strengthen IPR protection and enforcement. Despite the increasing convergence of European and Chinese positions favorable toward “TRIPs-plus” protection, China seems reluctant even hostile to EU’s conventional initiatives intending to strengthen IPR enforcement measures
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Huang, Yu-Ting, and 黃鈺婷. "An Evaluation of the Necessity for Taiwan to Accede to the Anti-Counterfeiting Trade Agreement." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/64876098766958359342.

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碩士<br>國立清華大學<br>科技法律研究所<br>100<br>The Anti-Counterfeiting Trade Agreement (ACTA) is being considered by the Taiwan government, but it still needs to be assessed at great length. This thesis uses the historical method to trace the history of the intellectual property rights (IPR) enforcement, and shows how global standard in IPR enforcement shifts both horizontally and vertically. Chapter 2 will provide an overview of ACTA, by introducing the institutional background of the negotiations on ACTA and analyzing the final provisions thoroughly based on its April, October and November version official drafts. This thesis further uses the comparative method to describe the relationships between the ACTA and the existing legal frame-work, draws a comparison to the context of ACTA with Agreement on Trade-Related Aspects of Intellectual Property Rights, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, and points to the difference and its possible problems in Chapter 3. Besides, in Chapter 5 section2 uses the same usage to identify what we should amend in Taiwan’s intellectual property law if we want to accede to the ACTA. The thesis then discusses some sharp criticism of ACTA in Chapter 4, including the process for negotiations, the potential impact of this treaty, the shortcomings of the currently proposed context of ACTA, and the risks to the lawful trade of generic medicines by using the documentary analysis method. Chapter 5 section1 enumerates the signatories’ attitude and non-signatories’ position to date, in order to discover the trend of ACTA. Chapter 6 weighs the pros and cons carefully from various points above mentioned. Finally this thesis makes a conclusion whether Taiwan have to sign the ACTA.
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Cheng, Yen Tai, and 鄭燕黛. "The relationship between the negotiation of anti-counterfeiting trade agreement and the intellectual property protection under the multilateral trade framework." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/40165008698856744207.

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碩士<br>國立政治大學<br>國際經營與貿易研究所<br>98<br>Countries found out that the protection of intellectual property based only on national law was insufficient. They chosen to base on international agreement from 19 century and concluded important treaties such as Paris Convention, Berne Convention and Rome Convention. This is the first phase in the process of which the intellectual property protection under the multilateral trade framework forming. WIPO was established at 1967 and completed the multilateral trade framework a little further. But countries had different positions thus could not obtain mutual recognition on specific issues. The developed countries did not walk away from the framework; nevertheless, they worked even harder to try to get some result. TRIPS came into force at 1995 after the Uruguay Round which is the most important multilateral agreement at the present day. The multilateral trade framework was stuck after TRIPS resulting from the gap between the developed and developing countries. The former began to work in other direction. We took the U.S. bilateral trade policy of FTAs as an example and found out there is a temporary departure from the multilateral trade framework at this phase. The U.S. policy of FTAs however didn’t achieve the goal expected. We could point out the next step of U.S. by observing the negotiation of Anti-Counterfeiting Trade Agreement (ACTA). U.S. took a different approach by negotiating the ACTA and hoped there will be a spillover effect from the plurilateral agreement to the multilateral framework. Negotiating parties announced the final draft of ACTA on December 3rd, 2010. After analyzing the final draft, we could make a conclusion that the result from the negotiation is not outstanding; moreover, it is not clear whether the agreement will come into force in time. No matter what kind of action will the developed countries take in the next, their final and utmost goal is always trying to protect the intellectual property and their related interest. Changing policy becomes the normal condition. This leads to the phenomenon that the intellectual property protection is continuously swaying from the multilateral side to the bilateral or plurilateral trade framework, and vice versa. Key Words: TRIPS, Anti-Counterfeiting Trade Agreement, Intellectual Property Protection, TRIPS-Plus
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Books on the topic "ACTA (Anti-Counterfeiting Trade Agreement)"

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Intellectual property enforcement: A commentary on the Anti-Counterfeiting Trade Agreement (ACTA). Edward Elgar Pub., 2012.

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Jurczyszyn, Lukasz, Jacek Koltan, Pawel Kuczynski, and Mikolaj Rakusa-Suszczewski, eds. Obywatele ACTA. European Solidarity Centre, 2014.

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D, Chong Michael, ed. The Canada-European Union Comprehensive Economic and Trade Agreement, the Anti-Counterfeiting Trade Agreement, and issues regarding cultural diversity: Report of the Standing Committee on Canadian Heritage. Standing Committee on Canadian Heritage, 2011.

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Roffe, Pedro, and Xavier Seuba. ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath. University of Cambridge ESOL Examinations, 2014.

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Book chapters on the topic "ACTA (Anti-Counterfeiting Trade Agreement)"

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Meyer, Trisha. "Anti-Counterfeiting Trade Agreement: 2010–2012 European Parliament Discussions." In The Politics of Online Copyright Enforcement in the EU. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-50974-7_6.

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Delton, Jennifer A. "New Deal Blues and Global Boons." In The Industrialists. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691167862.003.0006.

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This chapter shows how the National Association of Manufacturers (NAM) reorganized and slowly emerged as the first line of resistance to the new New Deal state—thus conforming perfectly to New Dealers' view of capitalists as class-bound reactionaries. Much has been written about the reactionary anti-New Deal National Association of Manufacturers (NAM). The chapter reviews that history to demonstrate its significance in terms of the organization's identity, the struggle for workplace control, and US history in general. But some New Deal policies—such as the National Industrial Recovery Act of 1933, the Reciprocal Trade Agreements Act of 1934, and the establishment of the Export–Import Bank in 1934—furthered NAM's agendas in industrial rationalization and trade expansion. This highlights the tension between the conservative principles of its leaders and the progressive prerogatives of global capitalism.
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Acosta, Aidé. "Reshaping the Rural Heartland." In The Latina/o Midwest Reader. University of Illinois Press, 2017. http://dx.doi.org/10.5622/illinois/9780252041211.003.0004.

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This chapter analyzes the ways new Latino settlement patterns in the rural Midwest have destabilized the notion of a static and quaint Midwestern heartland. It focuses on the arrival of Mexican immigrants from Jiménez, Nuevo León, in Lorraine, Illinois, to become the primary labor force in the local broom industry over the last four decades. During a period of increasing anti-immigrant policies and rhetoric that marginalized Latinas/os, Mexican immigrants settled and created a sense of home in the rural Midwest by engaging in various religious and cultural practices, including La Fiesta de la Virgen de Guadalupe and quinceañeras. The chapter details how the passage of the 1986 Immigration Reform and Control Act and the North American Free Trade Agreement redirected immigrant flows to the rural Midwest and led to new Latina/o cartographies. It argues that Mexican immigrants engaged in diasporic cultural practices to claim a place in the rural Midwest as cultural citizens, and in the process, reshaped the rural heartland.
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