US trade agency releases final text of ACTA

15.11.2010
Negotiators working on a controversial international copyright-enforcement agreement have finalized the language in the proposed pact, the Office of the U.S. Trade Representative said Monday.

The (ACTA) is available at the USTR's website. The proposed agreement, encompassing the U.S., U.K., Japan, the European Union and several other nations, would require signing nations to include border searches in their copyright enforcement measures.

ACTA would also require nations to include injunctions and fines as part of their copyright enforcement laws, as well as seizure of equipment used in copyright infringement activities. ACTA would also require participating nations to take steps to stem online infringement of works protected by copyright.

ACTA can now go to governing bodies in the negotiating nations for a decision on whether to approve the agreement, the USTR said in a press release. U.S. President Barack Obama's administration has suggested that it could approve ACTA as an executive agreement without congressional approval, but .

The U.S. president has some limited authority to enter into executive agreements under the U.S. Constitution, said Sean Flynn, associate director of the Program on Information Justice and Intellectual Property at the American University law school in Washington, D.C.

"But ACTA does not fall into such a realm," Flynn said in a new paper. "The subjects of ACTA -- the regulation of international commerce and of intellectual property -- are ... powers delegated to Congress, not the president."