VI. THE DRAFT ANTI-COUNTERFEITING TRADE AGREEMEMT
23. Since 2007, four negotiation rounds have taken place on an Anti-Counterfeiting Trade Agreement. The last one was held in Paris in December 2008 and should be followed by a round scheduled in March 2009 in Morocco.
24. This agreement should cover mainly the following aspects:
(a) general provisions and definitions,
(b) institutional issues,
(c) border measures,
(d) international cooperation,
(f) criminal enforcement, and
(g) civil enforcement.
25. As regards civil enforcement issues, the Community endeavours to reach an agreement which would provide added value to the Agreement on Trade-Related Aspects of Intellectual Property Rights and which would follow the logics of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
26. In particular the Community’s objectives are:
– to ensure that the text applies to every type of intellectual property rights;
– to impose compensatory damages rather than punitive damages; and
– to ensure that right holders may apply for an injunction against intermediaries.
27. The Committee on Civil Law Matters should keep the negotiations on this Agreement under consideration, in particular as regards its aspects relating to civil enforcement.
Also this ACTA-document is “declassified”, the mandate for the Commission to negotiate from the 133 Committee but without the relevant part, so the “unprecendented secrecy” of the EU in the matter continues.