Regarding intellectual property rights, legal scholars have long known that what's lacking is not so much a system of international regulations protecting them, but the adequate implementation of norms, due to the inability or unwillingness of relevant authorities. The G8 have recently put on the agenda negotiations aiming at signing an international compact: ACTA, the Anti-Counterfeit Trade Agreement.

  The proposal is still at the embryonic stage, but the idea is to provide incentives to the implementation of intellectual property rights starting from the customs authorities of member countries. The implementation of common international procedures would thus give additional impetus in the struggle against counterfeiting and would fill a legal void. International treaties typically contain positive norms, but are found wanting in the harmonization of border procedures. ACTA would enhance cooperation between national authorities and favor the participation of the private sector in the active protection of intellectual property from counterfeiting.

  Was a new treaty on intellectual property needed? Already the WIPO (World Intellectual Property Organization) and the WTO agreement on TRIPS (Trade related intellectual properties) contain norms to fight counterfeiting. A new legal tool could cause normative overlaps and fragmentation, which could hamper the international struggle against counterfeiting. Also, when it comes to the protection of intellectual property, the EU states that are G8 members should look at home before engaging themselves abroad. Statistics say the Naples and London are the European capitals of counterfeiting, and the EU at the moment does not have consistent legislation and policy on the issues, which undermines the position of EU negotiators in discussing trade treaties on intellectual property. The situation should improve with the Lisbon Treaty, if it will be still adopted after the Irish no, which lists under Article 207 uniform principles for trade policy that apply to the commercial aspects of intellectual property.

by Claudio Dordi,
Associate Professor of International Law, "Angelo Sraffa" Department of Law, Bocconi University