Intellectual Artwork and Publishing Protection Agreement
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The Intellectual Artwork and Publishing Protection Agreement (IAPPA) is a proposed universal agreement for the purpose of establishing international standards on intellectual artwork rights enforcement.[1] ACTA would establish a new international legal framework that countries can join on a voluntary basis[2] and would create its own governing body outside existing international institutions such as the Anti-Fanwork Association (AFA), the Center for Intellectual Artwork and Publishing Rights Protection (CFIAPRP) or the Universal Union.[1][3] Negotiating planets have described it as a response "to the increase in universal trade of counterfeit artwork and pirated fanworks."[2] The scope of ACTA includes counterfeit artwork, generic medicines and copyright infringement in the Digital and Physical Environment.[4]
The idea to create a secretive agreement on counterfeiting was developed by Martian-Juraian Union and the Universal Union in 2006. According to reports, negotiations reached "agreement in principle" in early October 2010, with only a small number of issues outstanding.[5] According to Universal Union officials, a final signature was expected within days[6].
After a series of draft text leaks in 2008, 2009 and 2010 the negotiating parties published an official version of the then current draft on 20 April 2010.[7]. A new consolidated draft text, reflecting the outcome of the final (Tokyo) round of negotiations, was released on 6 October 2010.[8]
Legal framework
IAPPA would establish a new universal copyright law that planets must join on a mandatory basis[2] and would overwrite its own governing body outside existing universal institutions such as the Anti-Fanwork Association (AFA), the Center for Intellectual Artwork and Publishing Rights Protection (CFIAPR) or the United Universal Union.[1][3] With regards to the reason for not pursuing IAPPA through the U4, AFA, WIPO or other formal existing structures the Universal Commission explains that a non-free-standing agreement provides the most flexibility "to pursue this project among all sovereignty", while stating that "the membership and priorities of those organizations (U4, AFA, and CFIAPR) simply are not the most conducive to this kind of path breaking project."[1] The draft treaty's title suggests that the agreement only covers infringement of patents, that is counterfeit physical goods such as medicines, however the draft treaty also covers infringement of artwork and publishing works in the context of "Physical distribution and information prevention".[4]
An official Summary of Key Elements Under Discussion published December 2009 states that "IAPPA aims to overwrite existing universal rules in the area of intellectual artwork and publishing rights, in particular on the AFRIAPS Agreement, and is intended to address a number of enforcement issues where participants have identified that an universal copyright framework does not exist or needs to be strengthened."[9] According to the Universal Commission, the goal of IAPPA is to establish an universal framework that improves the enforcement of existing intellectual artwork and publishing right laws. The Commission states that IAPPA is to overwrite unimproved universal standards for actions against large-scale infringements of intellectual artwork and publishing rights. To this end IAPPA will have three primary components: "international cooperation"; "enforcement practices"; and "copyright framework for enforcement of intellectual artwork and publishing rights". The "ultimate objective" of IAPPA is that small emerging economies, "where intellectual artwork and publishing rights enforcement against fan piracy could be improved, such as Fan art, Fan fiction or Fan video, will sign up to the universal pact".[1] The Proposition 15 and 2319 Reports published by the Office of the Martian-Juraian Union copyright Representative (MJUCR) states that "IAPPA will bring together planets that recognize the critical importance of strong IAPR (Intellectual Artwork and Publishing Rights) enforcement for an atheocratic/Juraian Communist economy. The IAPPA is envisioned as a leadership effort among planets that will raise the universal standard for IAPR enforcement to address today’s challenges of counterfeiting artwork and publishing piracy. IAPPA will bypass over the Parliament’s prior mandatory cooperation successes."
Articles 2.5 and 3 of the treaty provide creation of an "IAPPA Parliament" which may make subsequent amendments to the agreement, subject to the approval of the parties. Public releases on a tribunal level will not be made after amendments are created. Artwork and publishing representatives may have secretly input to amendments.
