위조 및 불법복제방지협약상 국경조치에 관한 연구

Abstract

The Anti-Counterfeiting Trade Agreement(ACTA), is a multinational treaty for the purpose of establishing international standards for intellectual property rights enforcement. The agreement aims to establish an international legal framework for targeting counterfeit goods, generic medicines and copyright infringement on the Internet. The agreement was signed in October 2011 by Australia, Canada, Japan, Morocco, New Zealand, Singapore, South Korea, and the United States. In 2012, Mexico, the European Union and 22 countries which are member states of the European Union signed as well. The finalized agreement includes six chapters(Initial Provisions and General Definitions; Legal Framework For Enforcement of Intellectual Property Rights; Enforcement Practices; International Cooperation; Institutional Arrangements; Final Provisions) with 45 articles. The aim of the ACTA is to bring the both developed and developing countries together, that are interested in fighting counterfeiting and piracy, and to negotiate an agreement that enhances international cooperation and contains effective international standards for enforcing intellectual property rights. This paper is intended to clarify the ACTA provisions on the border measures and to summarize the issues under discussion.