WIPO and the ACTA threat Online publication date: Sat, 20-Sep-2014
by Sara Bannerman
International Journal of Technology Policy and Law (IJTPL), Vol. 1, No. 1, 2012
Abstract: The Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO). The ACTA threat to WIPO has a number of predecessors. WIPO's centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a major competing norm-setting institution has challenged WIPO. This paper outlines the main proposals for an ACTA institution, the various possible forms that an ACTA-WIPO relationship could take, and various strategies that WIPO could use to maintain its role in the international intellectual property system. Finally, it reviews a number of public policy concerns that the institutional proposals for ACTA pose.
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