Xavier Seuba

The ACTA and the plurilateral enforcement agenda : genesis and aftermath

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. ACTAs digital chapter: remaining concerns and what can be done Rita Matulionyte 8. The ACTA committee Peter Yu Part II. Domestic Legislative Challenges: 9. ACTAs 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 Melendez-Ortiz and Ahmed Abdel-Latif.

Mainstreaming the Trips and Human Rights Interactions

The relationship between the TRIPS Agreement and international human rights law must be studied in two broad frameworks, namely, that concerning the more general relation between intellectual property law and human rights law, and the other related to the interaction between public international law and World Trade Organization (WTO) law. It is the combination of both that gives adequate answers to specific tensions and potential conflicts. We sustain, however, that in case of actual normative conflicts, the responses of the Vienna Convention on the Law of Treaties may be too formalistic and of difficult practical implementation.

Intellectual Property and the Judiciary

The crucial impact of judicial decisions on the shape and shades of intellectual property (IP) law is widely recognised. Intellectual Property and the Judiciary is a jointly edited volume that provides a comprehensive picture of judicial specialization in IP. It holds that yielding the benefits of specialization while preserving the contextualized understanding of IP law is key to the quality and fairness of IP adjudication, understood as a weighing and balancing process for the implementation of IP rights. Due consideration of the public interest, fundamental rights, competition and free trade principles are key in that operation. Judges also play a crucial role to adjust IP law to technological and social development. Digitalization, automation, centralization and delegation of authority in law enforcement challenge traditional notions of IP enforcement, judgecraft and the judiciary itself.

Trade, Public Health, and the 2030 Agenda for Sustainable Development

This paper reflects on the role of trade policy and trade rules in delivering on two key policy challenges in global public health: improving innovation in the healthcare industry and securing access to the goods and services required to deliver on the 2030 Agenda’s ambitious health objectives. The paper reviews the role of a range of trade policy tools, including intellectual property rules, subsidies and tariffs, in the achievement of each of these challenges and articulates options policymakers could consider as they assess how to shape trade policy to support the 2030 Agenda. Many of these options relate to the reform of multilateral trade agreements under the World Trade Organization.

Implementation Issues Arising from Intellectual Property Chapters Contained in Trade Agreements Between the EU and Developing Countries

This paper addresses four interrelated topics: the exportation of intellectual property (IP) standards, the impact on resources and welfare of new IP undertakings, the relationship between IP chapters contained in new trade agreements and the Agreement on Trade Related Aspects of Intellectual Property Rights and, finally, the flexibility existing in the area of IP enforcement. A feature that the European Union, the United Sates and the European Free Trade Association share when concluding free trade agreements is their willingness to export their respective IP legal orders. The exportation of European and North American standards can be a source of positive inspiration when interpreting the negotiated texts. Taking into account the ambivalent consequences of new IP enforcement rules on developing countries’ welfare, and the fact that these norms arise from very different legal traditions, the paper shows that avenues to adapt IP norms on enforcement to national contexts and human rights compromises exist.