451. The representative of Brazil said that, according to press releases circulated in the first week of October 2010, the negotiating process of ACTA had virtually been concluded. A few points still remained open but these points would not prevent a final agreement from being reached, according to the statements released by authorities from the countries participating in the ACTA negotiations. He shared the concerns expressed by other Members on the possible negative impact of ACTA, and said that ACTA might affect the balance of rights and obligations embodied in the international intellectual property system between rights holders and users of protected goods and services. Brazil favoured multilateralism and multilateral solutions in legitimate multilateral fora, such as the WTO and WIPO, whose deliberations were not only open to more than 150 member countries, but were also conducted in as transparent a way as possible, including also representatives from civil society and NGOs. ACTA proposed only one remedy against counterfeiting and piracy, and that remedy was repression. Repression was necessary, but was not enough to combat a problem that resulted from the interplay of factors that were found in different economic and social realities. As victims of piracy and counterfeiting, Brazil knew from direct experience that repression alone was not a substitute for a much-needed integrated approach to dealing with this complex problem. He said that certain provisions in the ACTA draft text of 6 October might be interpreted as creating the seeds of a new international unit or organization. Chapter 4 contained elements of international cooperation and capacity building that were not restricted to ACTA members, but extended to other international organizations, including the private sector and prospective member countries. Chapter 5 created a secretariat for ACTA. Chapter 6 foresaw that any WTO Member country would be allowed to negotiate its "terms of accession" and become a party to ACTA. Taken together, chapters 4, 5 and 6 contained the necessary ingredients that might convert ACTA into a truly international organization dealing with the enforcement of intellectual property rights, whose impact on WIPO and the WTO, especially on capacity building and technical assistance, was unpredictable at this stage.
