Further, as might be expected, uncertainty in the international context is likely to be the greatest at that point where enforcement is called for; that is, that point where the tangible expression of the force of law and of the courts‘ authority must be executed. It is for this reason that the Anti-Counterfeiting Trade Agreement (―ACTA) was drafted. Finalized in December of 2010, ACTA seeks to address problematic issues with regard to enforcement of IPR (Intellectual Property Rights) across borders and ―in the digital environment.International trafficking in unlicensed copyrighted material, and counterfeit trademarked goods and consumables––the two areas addressed by ACTA‘s terms––in turn, presents two major issues with regard to successful regulation and enforcement: First, the same conditions which create increased opportunities for legitimate commerce often create still greater opportunities for illegitimate transactions. Second, ―intellectual property, as a category comprised of intangible artifacts and human activities, by itself implicates some fairly fundamental characteristics of separate national identities which seem unalterable across borders. The interdependence of these two issues further leaves open the question of whether there is any commercially useful middle ground with regard to enforcing international IPR.
The Anti-Counterfeiting Trade Agreement of 2010: Two Problems and One Unanswered Question,
2 Global Bus. L. Rev.
available at http://engagedscholarship.csuohio.edu/gblr/vol2/iss2/5