"At least with respect to pirated copyright goods and counterfeit trademark goods, each Party shall provide that, in civil judicial proceedings, at the right holder's request, its judicial authorities have the authority to order that such infringing goods be destroyed, except in exceptional circumstances, without compensation of any sort." (Article 10, page 15)
OK. What if I have a chinese imitation of some product and I don't know it? Why do they have to destroy it? And, about pirated content: the damage is done. If I have some music pirated in my MP3 and you destroy it I'm not going to buy it again. Also, how can I prove that the content is not pirated? Shall I carry over my iTunes receipts if I travel to the US and they take my iPod at the airport control? And how do they destroy the pirated content? Do they delete the files or they trash the whole gadget containing them?
"1. Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional measures [...] to prevent goods that involve the infringement of an intellectual property right from entering into the channels of commerce" (Article 12, page 17)
What kind of goods involve copyright infringement? Will they block P2P programs although they can be used for legal downloads (Linux distributions, for example)?
These are two examples that I found without much effort (I'm not a legal expert so I'm sure there are more).
Also, the fact that it was created in secret is a good reason to reject it. In Wired they explained very well the four main points of criticism.
http://www.wired.co.uk/news/archive/2012-01/24/acta-101?page...