Recently, many countries signed the anti-counterfeiting trade agreement (ACTA) wins the international trade in counterfeit and pirated goods, regulation range including of counterfeit goods, counterfeit drugs, as well as Internet copyright infringement case. The experts believe that this is dominated by the developed countries the main international conventions on intellectual property for developing countries for the representatives of China, China export processing enterprises or to form a barrier to trade, required close attention.
Lasted more than two years of secret "-ing", States has finally on the anti-counterfeiting trade agreement (ACTA) text. According to EU officials revealed that the final agreement content within weeks official release overseas. The European Commission said that ACTA against States should how to implement the intellectual property related laws of other countries to develop standards, will be globally more effective in combating piracy. Interviewees related experts believe that this is dominated by the developed countries the main international conventions on intellectual property for developing countries for the representatives of China, China export processing enterprises or the formation of trade barriers, and therefore requires the enterprise to give full attention to the ACTA and related national intellectual property law protection.
Secret weapons development
It is reported that the first proposed the idea of this agreement originated from the United States and Japan in 2006 of a negotiation, since then, Canada, EU, Australia and other countries in the accession negotiations into the right track. Reports indicate that negotiations in early October of this year reached agreement on the principles of the agreement, but of which does not appear in more detail. In fact, the agreement text content and the negotiation process has been carried out in secret, is widely blamed for international public opinion on the sly in developed countries legislation ".
The intellectual property Institute of Peking University, Ph.d., former Director of the Centre for intellectual property development, State intellectual property office assistants Wei yan Liang that ACTA secrecy status is to prevent developing countries raised objections against participation agreement drafting and discussion of population differentiation in developed countries. From 2010, published draft, ACTA extensive, involving intellectual property protection of civil, administrative, criminal, border and digital environment law enforcement and other measures and means of protection, and to a certain extent, beyond the TRIPS agreement to existing intellectual property rights TRIPS and so on, in particular the international rules on intellectual property protection in the digital environment has made a number of new provisions, further underlines the intellectual property international development strong protection trend.
ACTA power. According to the disclosure of details waimei, ACTA more specific than the TRIPS, tougher, more operational. ACTA will give customs on immigration officers carry MP3, portable and mobile inspection rights. The DVD and other digital products stored audio and video products, whether legitimate or not, must be examined. At the same time, when officials discovered any lawless behavior when pirates out punishment, confiscation and destruction of copying equipment. People will also be given to law enforcement, public security, without the presence of the judge, can conduct a preliminary examination of the suspect. "This agreement will certainly not against copyright piracy, are also covered the counterfeiting and piracy, and other intellectual property infringement. "Wei yan Liang said. Developed strategy to
On this agreement, Wen international review column writer David Zheng to unceremoniously wrote that the "anti-piracy" against still non-developed countries. You can imagine, once such an agreement a reality, will undoubtedly be developed against developing countries and a "weapon". Beijing fangda lawyers Wu Lin told reporters that the copyright, trademark, patent, etc. are available through a variety of conventions and protocols for protection.
China international economic law: Dr. Wu Chang-Hai, based on shared interests and protection of intellectual property developed at the instigation of each other, using WTO and other multilateral fora would be consistent with the position of its interests are reflected in the number of international rules. "Such as TRIPS, for the protection of industrial property, such as essentially reflects the interests of developed countries, developing countries need to become a victim of ' objectively '. "Wu Chang-Hai with respect. However, Wei yan Leung stresses, such as ACTA mainly by developed countries to participate in and management, and essential services to the interests of developed countries, and even members of the "all" as developed by the international conventions on intellectual property, there is no precedent in history.
Chinese enterprises are on the verge of risk
Lenovo patent Management Manager Chenyuan Green said that intellectual property can be an asset or a weapon. At present, ACTA will produce no small enterprises in China. Wei yan Liang said, ACTA instigated the greatest goal is to make the 2008 global financial crisis since the buck to the "fake commodities to normal international trade of China", more severe civil, criminal, administrative measures one uniform Chinese enterprises to large-scale exit international market.
Wu Lin is pointed out that at present, China is not a ACTA participating countries, nor will soon join the Protocol, its impact is on and the agreement Member States trade activities of Chinese enterprises. ACTA once in force, these enterprises will face more tough and strict oversight and management of the intellectual property system, especially in the OEM business export behavior may face barriers. To this end, she offered suggestions, Chinese enterprises should collect relevant information, establish intellectual property early warning mechanisms. In particular, on the one hand, specification and not pirated itself, not phishing; on the other hand the need to strengthen the protection of intellectual property rights of consciousness, not infringement.
Wei yan Liang further said that the Chinese enterprises to Europe, America and Japan and other developed areas of exports will face unprecedented situation. To avoid risk, the Chinese exporters should urge the foreign customers ahead of the signing of non-infringement of third party intellectual property rights, and intellectual property infringement of the guarantee of immunity guarantees, this is the basic self protection measures.
In addition, Wu Chang-Hai, exporters should change the original principal amount by increasing exports to the development of export trade mode, depending on the technology into
Step, improve product quality and the development of science and technology content. "Only the development as soon as possible with independent intellectual property rights to the leading industry, technology and products, to break through the barriers to foreign intellectual property. "
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