| ACTA is a completely new intellectual property rule formulated by several developedcountries which are led by America. The agreement is published after several years’negotiations, through its negotiation framework and provisions are controversial. Duringits formulation process，the members decide to get rid of the present multilateralframework and the developing countries. They implement the strategy of forum-shifting todevelop negotiation of the trade and intellectual property rules. ACTA detail the originalinternational intellectual property rules and sets higher standard of legal enforcement.On one hand, ACTA abandons the multi-lateral framework represented by WTO orWIPO and chooses some partner developed countries to formulate the rules. This situationmakes us concern if ACTA and its followers will threaten the authority of the multi-lateralframework such as WTO and WIPO and their rules. On the other hand, the negotiationframework and provisions of ACTA give an example to the developed countries to exporttheir domestic law to other countries. ACTA’s intellectual property enforcement standardwill be spread to more countries by free trade agreements. Meanwhile, under themulti-lateral framework, the treaty will also be applied in many countries as the result ofthe most-favored nation clause and national treatment clause. The provisions of ACTAobviously aim at developing countries as they include higher standard of legal enforcement.Whether ACTA will come into force or not, its intellectual property enforcement standardmust have a significant influence on other countries.Chinese intellectual property law-enforcing standard is higher than it given in TRIPsand its detail rules have little difference with ACTA. However, as a developing country, wealso should defend the authority of intellectual property enforcing rules under multi-lateral framework of WTO. Therefore, we can fight for the equal international legislative right. |
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