In the last few years it has not been easy to debate about IPR protection and enforcement in the multilateral context. The discussions in the World Trade Organisation and in the World Intellectual Property Organisation have focused mainly on the flexibilities and limitations of the intellectual property system, on issues such as access to medicines, IPR and development, IPR and biodiversity, technology transfer, etc. Important progress was achieved on most of these files.

However, it's important to address other IPR issues multilaterally, such as harmonisation of the patent systems, the protection of geographical indications and designs and a more effective enforcement against wide-scale and systematic infringements of IPR. In order to keep a balanced IP system that provides access and dissemination of technology, innovation, culture and quality but that, at the same time promotes further investment in these areas and ensures the remuneration of the right-holders, it is essential that multilateral fora allow for an inclusive discussion of all these issues and for progress to be achieved in all of them.

In the meantime, it is undeniable that bilateral negotiations of free trade agreements containing detailed IPR provisions are a very important mechanism for the EU. But we pursue other venues, such as the negotiation of the Anti-Counterfeiting Trade Agreement (ACTA) with a group of 10 countries sharing our interest for more effective enforcement rules, or the discussions in other plurilateral venues such as the G8 or the OECD. Finally, we continue to believe in technical cooperation and we developed important programmes, for instance in China and in the ASEAN region.

What we are negotiating with ACTA is an agreement which we think will be important to safeguarding the EU's competitiveness on the world market. Indeed, if we want to remain a competitive economy, we will have to rely on innovation, creativity and brand exclusivity. This is one of our main comparative advantages on the world market. So we need the tools to ensure that this comparative advantage is adequately protected in our main export markets. And this is about issues of concern to EU citizens : not only jobs, but also security, health etc.

What we are aiming at is simply setting an international standard in IPR enforcement that is reasonable, balanced and effective, to such an extent that it can attract more emerging economies to adhere to it in future, so as to ensure that innovation is adequately protected in those markets that matter. Key sectors of large emerging economies such as China and India are investing considerably on innovation, quality and culture, therefore we are quite confident that in the near future they will see a clear interest in improving their levels of enforcement of intellectual property.

Moreover, it is often overlooked that ACTA is not only about improved legal standards. It is also about cooperation between enforcement authorities – crucial when dealing with a globalised problem, often linked with international organised crime - the adoption of best practices or the better coordination of technical assistance.

In pursuing the ACTA negotiations, the EU will ensure the following principles:
- Firstly, the objective of ACTA is to address large-scale infringements of intellectual property rights which have a significant commercial impact, it is not about controlling travellers on the content of their laptops or their computer. It will not lead to limitation of civil liberties or harassment of consumers.
- Secondly, ACTA is only about enforcement of IP rights. It will not include provisions modifying substantive intellectual property law. It should set minimum rules on how innovators can enforce their rights in courts, at the borders or over the internet. For example, ACTA will ensure that a European fashion designer, artist or automobile manufacturer can see his rights adequately safeguarded when confronted with counterfeiting of his creations outside Europe.
- Thirdly, ACTA must remain in line with the EU acquis, including the current level of harmonisation of IPR enforcement and the applicable EU legislation on data protection and privacy.

Definitively not. ACTA will not criminalize any new types of IPR infringements.