Anti-Counterfeiting Trade Agreement

Frequently Asked Questions

1. What is the objective of the proposed agreement?

The proposed Anti-Counterfeiting Trade Agreement (ACTA) aims to establish new global standards for the enforcement of intellectual property rights to more effectively combat the increasing prolific trade in counterfeit and pirated goods. The agreement would focus on three areas:

increasing international cooperation between enforcement agencies and right holders;
establishing best practices for enforcement; and
providing a more effective legal framework to combat counterfeiting and piracy.

• The agreement would build upon and complement existing international legal frameworks pertaining to the protection and enforcement of intellectual property rights, including the World Trade Organisation Agreement on Trade Related Aspects of Intellectual Property (TRIPS).

2. Which countries are involved?

Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States have been involved in discussions.

3. What is the status of negotiations? What is the timetable and when will ACTA come into force?

A timetable has not been determined nor have parties agreed on a deadline to complete negotiations. It is expected that there will be a number of meetings as participants deal with different aspects of the proposed agreement.

4. Why has this process been kept from the public?

•  It is standard practice in trade negotiations for the actual text under debate to remain confidential to the participants. This allows delegations to exchange views in confidence facilitating the negotiation and compromise that are necessary in order to reach agreement on complex issues. A comprehensive set of proposals for the text of the agreement does not yet exist.
• The ACTA participants have made available general information regarding the issues under negotiation. A summary of the key elements under discussion was published in April 2009 and will be updated on an ongoing basis.

5. When will the public see a draft of ACTA and be able to input into its development?

The Government also sought the views of stakeholders through two rounds of public submissions and through meetings with stakeholders. Summaries of the submissions received are available on the MED website. Further public consultations will be carried out as the negotiations progress. 

6. What impact will ACTA have on individual consumers?

The main objective of ACTA is to deal with large-scale counterfeiting and piracy activities, which often can involve criminal elements and pose a threat to public health and safety. It is not designed to be intrusive.

7. Why is ACTA not discussed in an existing international organisation dealing with intellectual property rights, such as the World Intellectual Property Organization (WIPO) or the World Trade Organization (WTO)?

The approach of a stand-alone agreement is considered appropriate to pursue this initiative at this stage. The partners involved in ACTA continue to value the important work of multilateral organisations such as the WIPO, WTO, APEC, OECD and others.

8. Why are countries recognised as the major sources of counterfeiting and piracy not involved?

At this point, the objective is to have a group of like-minded countries come together to work on ways to provide better protection and enforcement of intellectual property rights. Counterfeiting and piracy is a growing global issue that has become a concern for all, in particular the adverse effects that such activities can have on a nation’s economy, as well as on the public health and safety of its population. Organised criminal and terrorist groups are also involved in counterfeiting and piracy.

9. Who will decide whether New Zealand joins ACTA?

A decision to join the proposed agreement will only be taken by the government after negotiations are concluded and the public have been invited to make submissions on the final form of the agreement.

The text of the Agreement, along with a National Interest Analysis assessing the benefits and costs of joining the Agreement, would then be submitted to the House of Representatives for review.

This review involves the Agreement and National Interest Analysis being considered by a Select Committee (normally the Foreign Affairs, Defence and Trade Select Committee).
The Select Committee consideration of the agreement provides a further opportunity for the public to make submissions in the event that the government decides to join the agreement.

Back to ACTA page

top of page