Anti-counterfeiting Trade Agreement And The Developing Countries Cope With

After more than three years of negotiations, Anti-Counterfeiting Trade Agreement (ACTA) was formally announced in April2011. Before ACTA, the international treatment of intellectual property issues was in accordance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, in the opinion of countries led by the United States and Japan, the standards of protection obviously can not meet the purpose for profit in intellectual property. Therefore, from2006to2011, more than20countries start a total of11rounds of negotiations which ultimately build new systems and standards on the protection of intellectual property. The ACTA, as a new multilateral agreement in the field of enforcement of intellectual property rights, improves a lot in the standards. It can be seen, the new order of protection of intellectual property is about to begin.In order to respond to the impact of such an intellectual property protection order on developing countries, the protection of intellectual property rights in ACTA will be studied. From the perspective of developed countries, one of the driving forces of economic development is intellectual property. They can also benefit from the intellectual property to resist the loss of the financial crisis; from the developing countries'point of view, strategies subjected to prolonged investigations and sanctions on intellectual property rights about developing countries has long made their international trade exhausted. Some developing countries from the dual aspects of the political and economic considerations will not easily reject this new standard. However, the sounds opposed to ACTA are still stronger than the one supporting for it. The main attitude of the opponents is, as they believed, ACTA will break the balance of the development of intellectual property diversity, start a new threat to the development of human rights, led to trade security risks exacerbate a public health crisis, and give further restrictions in developing countries access to public knowledge. Brussels International Trademark Association, represented by some interest groups is more supportive of the introduction of ACTA. They believe that the ACTA is of great significance to compensate for lack of TRIPS, and promote trade security.The third chapter discusses the background of the introduction of the ACTA and the new order. Developing countries may be subject to impacts and responded strategies. The most direct impact of ACTA to developing countries is that the developing countries have subtle ACTA intellectual property protection standards; medium-term impact may be more developing countries will be forced join in the agreement, and to invest more resources in intellectual property legislation; in the future, long-term impact will be that the existing mechanism to resolve intellectual property disputes may be the collapse, and the developing countries spend more on legislation and law enforcement. Therefore, in order to deal with such challenges, by the research of the status of intellectual property protection in China, India and Brazil, this paper believes that developing countries should start to wait for their own opportunity to join the ACTA or by joining other treaties in order to resist the impact ACTA brings. They should improve the capability of independent innovation; strengthen characteristics of intellectual property legislation. At different stages of economic development and efficient allocation of enforcement resources, they should target enforcement of intellectual property rights law.