ARTICLE 2.

5: PROVISIONAL MEASURES
[X. Each Party shall provide that its judicial authorities shall have the authority, at the request
of the applicant, to issue an interlocutory injunction intended to prevent any imminent
infringement of an intellectual property right [copyright or related rights or trademark]. An
interlocutory injunction may also be issued, under the same conditions, against an
[infringing] intermediary whose services are being used by a third party to infringe an
intellectual property right. Each Party shall also provide that provisional measures may be
issued, even before the commencement of proceedings on the merits, to preserve relevant
evidence in respect of the alleged infringement. Such measures may include inter alia the
detailed description, the taking of samples or the physical seizure of documents or of the
infringing goods.]
The injunction order coupled with the seizure of allegedly infringing goods is the
most threatening part of the treaty as is perceived by the opposition to ACTA. The
life saving medicines can be seized during the transit which means the lives of several
thousand people mostly living in the developing countries would be at the knife‟s
edge.

CHAPTER3. CLEAR AND PRESENT DANGER FROM ACTA

The Indo-E.U. Trade dispute over the seizure of 'in-transit' Indian generic drug
consignments at various ports in the Netherlands has lent a sense of antagonism to the
entire debate against ACTA. Now, apprehending similar measures could be directed
under the treaty several other countries have started filing requests to join the
consultations on the dispute.
Canada has a substantial trade interest in these consultations, as it exports 40% of
generic drugs manufactured in Canada to over 120 countries. Canada is also an active
WTO Member on the issue of public health, including access to medicines. Certain
shipments of generic drugs destined for Ecuador were seized in transit in the territory
of the European Union in 2008 and 2009. Ecuador is also concerned that these
measures could adversely affect the shipment of drugs destined for Ecuador in the
future.
Brazil imports significant amounts of generic medicines, including from India; Brazil
is also an exporter of generic medicines. More specifically, one of the drug seizures
listed in India's consultation request affected a consignment of medicines bound for
Brazil. In addition, Brazil requested consultations with the European Union under the
DSU on similar measures.4
The wider Indian fears about ACTA are that similar multilateral and plurilateral
treaties incorporating harsher TRIPS plus measures are being interned by many
countries into their national legislations.
The underlying misgiving about the ACTA provision which is now confirmed to be
more than mere apprehensions is that the most of the provisions of ACTA are being
written under the dictation given by multinational corporations who seek to guard
their falling revenues in developing markets.
The dangerous trend is that since it unnecessarily upsets the balance of rights as set
out in the TRIPS provisions and undermines important decisions on IP protection and
enforcement such as the Doha Declaration on Public Health in WTO and the
Development Agenda in WIPO.5