Why ACTA created its own platform

Technollama ran a very interesting story about why ACTA is being negotiated the way it is, as a multilateral trade agreement and not through existing channels for IP negotiation such as the WTO and WIPO.

To begin answering that question, one first should take a quick glance at the economic side of IP. The driving forces behind ACTA are mostly countries with strong industrial innovation and creative industries that contribute to the trade balance. They are net IP exporters. First and foremost, this goes for the US and the UK. If these countries want to maintain their IP export surpluses, they need to ensure that their works are subject to protection in the countries to which they will be exported. That their patents are respected, that trademarks aren’t counterfeited and that their copyrighted works are not copied and distributed illegally.

The reason that no use was made of existing negotiating platforms, is that these have become too stale for the likes of the ACTA-partners. As IP industries have always been quite aggressive in pursuing their agendas, they managed to enact policies that went against the interests of some developing countries. These developing countries, with the rise of the BRIC-countries, secured more powerful positions at the negotiating tables. The WTO and WIPO are now more balanced organisations, but unfortunately, it has also made them less effective, as much time is lost by infighting between its members.

“So, “ asks Technollama :“If you are a country that wants to continue to protect its intellectual property at the international stage, what would you do? Enter ACTA.” It is not unlikely that future trade arrangements will take similar forms.

5 May 2010