ACTA –\u00a0Anti-Counterfeiting Trade Agreement
\nAnti-Counterfeiting Trade Agreement E-1<\/p>\n
The Parties to this Agreement,\u00a0Noting that effective enforcement of intellectual property rights is critical to sustaining\u00a0economic growth across all industries and globally;<\/p>\n
Noting further that the proliferation of counterfeit and pirated goods, as well as of\u00a0services that distribute infringing material, undermines legitimate trade and sustainable\u00a0development of the world economy, causes significant financial losses for right holders\u00a0and for legitimate businesses, and, in some cases, provides a source of revenue for\u00a0organized crime and otherwise poses risks to the public;<\/p>\n
Desiring to combat such proliferation through enhanced international cooperation and\u00a0more effective international enforcement;<\/p>\n
Intending to provide effective and appropriate means, complementing the TRIPS\u00a0Agreement, for the enforcement of intellectual property rights, taking into account\u00a0differences in their respective legal systems and practices;\u00a0Desiring to ensure that measures and procedures to enforce intellectual property rights\u00a0do not themselves become barriers to legitimate trade;<\/p>\n
Desiring to address the problem of infringement of intellectual property rights,
\nincluding infringement taking place in the digital environment, in particular with respect
\nto copyright or related rights, in a manner that balances the rights and interests of the
\nrelevant right holders, service providers, and users;\u00a0Desiring to promote cooperation between service providers and right holders to address\u00a0relevant infringements in the digital environment;<\/p>\n
Desiring that this Agreement operates in a manner mutually supportive of international\u00a0enforcement work and cooperation conducted within relevant international\u00a0organizations;\u00a0Recognizing the principles set forth in the Doha Declaration on the TRIPS Agreement\u00a0and Public Health, adopted on 14 November 2001, at the Fourth<\/p>\n
WTO Ministerial\u00a0Conference;<\/p>\n
Hereby agree as follows:E-2<\/p>\n
CHAPTER I<\/p>\n
INITIAL PROVISIONS AND GENERAL DEFINITIONS<\/p>\n
Section 1: Initial Provisions<\/p>\n
ARTICLE 1: RELATION TO OTHER AGREEMENTS<\/p>\n
Nothing in this Agreement shall derogate from any obligation of a Party with
\nrespect to any other Party under existing agreements, including the TRIPS Agreement.<\/p>\n
ARTICLE 2: NATURE AND SCOPE OF OBLIGATIONS<\/p>\n
1. Each Party shall give effect to the provisions of this Agreement. A Party may
\nimplement in its law more extensive enforcement of intellectual property rights than is
\nrequired by this Agreement, provided that such enforcement does not contravene the
\nprovisions of this Agreement. Each Party shall be free to determine the appropriate
\nmethod of implementing the provisions of this Agreement within its own legal system
\nand practice.
\n2. Nothing in this Agreement creates any obligation with respect to the distribution
\nof resources as between enforcement of intellectual property rights and enforcement of
\nlaw in general.
\n3. The objectives and principles set forth in Part I of the TRIPS Agreement, in
\nparticular in Articles 7 and 8, shall apply, mutatis mutandis, to this Agreement.<\/p>\n
ARTICLE 3: RELATION TO STANDARDS CONCERNING THE AVAILABILITY AND SCOPE OF\u00a0INTELLECTUAL PROPERTY RIGHTS<\/p>\n
1. This Agreement shall be without prejudice to provisions in a Party\u2019s law
\ngoverning the availability, acquisition, scope, and maintenance of intellectual property
\nrights.
\n2. This Agreement does not create any obligation on a Party to apply measures
\nwhere a right in intellectual property is not protected under its laws and regulations.
\nARTICLE 4: PRIVACY AND DISCLOSURE OF INFORMATION<\/p>\n
1. Nothing in this Agreement shall require a Party to disclose:
\n(a) information, the disclosure of which would be contrary to its law,
\nincluding laws protecting privacy rights, or international agreements to E-3
\nwhich it is party;
\n(b) confidential information, the disclosure of which would impede law
\nenforcement or otherwise be contrary to the public interest; or
\n(c) confidential information, the disclosure of which would prejudice the
\nlegitimate commercial interests of particular enterprises, public or private.
\n2. When a Party provides written information pursuant to the provisions of this
\nAgreement, the Party receiving the information shall, subject to its law and practice,
\nrefrain from disclosing or using the information for a purpose other than that for which
\nthe information was provided, except with the prior consent of the Party providing the
\ninformation.<\/p>\n
Section 2: General Definitions<\/p>\n
ARTICLE 5: GENERAL DEFINITIONS<\/p>\n
For the purposes of this Agreement, unless otherwise specified:
\n(a) ACTA means the Anti-Counterfeiting Trade Agreement;
\n(b) Committee means the ACTA Committee established under Chapter V
\n(Institutional Arrangements);
\n(c) competent authorities includes the appropriate judicial, administrative,
\nor law enforcement authorities under a Party\u2019s law;
\n(d) counterfeit trademark goods means any goods, including packaging,
\nbearing without authorization a trademark which is identical to the
\ntrademark validly registered in respect of such goods, or which cannot be
\ndistinguished in its essential aspects from such a trademark, and which
\nthereby infringes the rights of the owner of the trademark in question
\nunder the law of the country in which the procedures set forth in Chapter
\nII (Legal Framework for Enforcement of Intellectual Property Rights) are
\ninvoked;
\n(e) country is to be understood to have the same meaning as that set forth in
\nthe Explanatory Notes to the WTO Agreement;
\n(f) customs transit means the customs procedure under which goods are
\ntransported under customs control from one customs office to another;
\n(g) days means calendar days;
\n(h) intellectual property refers to all categories of intellectual property that E-4
\nare the subject of Sections 1 through 7 of Part II of the TRIPS\u00a0Agreement;
\n(i) in-transit goods means goods under customs transit or transhipment;
\n(j) person means a natural person or a legal person;
\n(k) pirated copyright goods means any goods which are copies made
\nwithout the consent of the right holder or person duly authorized by the
\nright holder in the country of production and which are made directly or
\nindirectly from an article where the making of that copy would have
\nconstituted an infringement of a copyright or a related right under the law
\nof the country in which the procedures set forth in Chapter II (Legal
\nFramework for Enforcement of Intellectual Property Rights) are invoked;(l) right holder includes a federation or an association having the legal\u00a0standing to assert rights in intellectual property;\u00a0(m) territory, for the purposes of Section 3 (Border Measures) of Chapter II\u00a0(Legal Framework for Enforcement of Intellectual Property Rights),\u00a0means the customs territory and all free zones\u00a01\u00a0of a Party;
\n(n) transhipment means the customs procedure under which goods are\u00a0transferred under customs control from the importing means of transport\u00a0to the exporting means of transport within the area of one customs office\u00a0which is the office of both importation and exportation;
\n(o) TRIPS Agreement means the Agreement on Trade-Related Aspects of\u00a0Intellectual Property Rights, contained in Annex 1C to the WTO\u00a0Agreement;
\n(p) WTO means the World Trade Organization; and
\n(q) WTO Agreement means the Marrakesh Agreement Establishing the<\/p>\n
World Trade Organization, done on 15 April 1994.<\/p>\n
CHAPTER II<\/p>\n
LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS<\/p>\n
Section 1: General Obligations<\/p>\n
1<\/p>\n
For greater certainty, the Parties acknowledge that free zone means a part of the territory of a Party\u00a0where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as\u00a0being outside the customs territory. E-5<\/p>\n
ARTICLE 6: GENERAL OBLIGATIONS WITH RESPECT TO ENFORCEMENT<\/p>\n
1. Each Party shall ensure that enforcement procedures are available under its law
\nso as to permit effective action against any act of infringement of intellectual property
\nrights covered by this Agreement, including expeditious remedies to prevent
\ninfringements and remedies which constitute a deterrent to further infringements. These
\nprocedures shall be applied in such a manner as to avoid the creation of barriers to
\nlegitimate trade and to provide for safeguards against their abuse.
\n2. Procedures adopted, maintained, or applied to implement the provisions of this
\nChapter shall be fair and equitable, and shall provide for the rights of all participants
\nsubject to such procedures to be appropriately protected. These procedures shall not be
\nunnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted
\ndelays.
\n3. In implementing the provisions of this Chapter, each Party shall take into
\naccount the need for proportionality between the seriousness of the infringement, the
\ninterests of third parties, and the applicable measures, remedies and penalties.
\n4. No provision of this Chapter shall be construed to require a Party to make its
\nofficials subject to liability for acts undertaken in the performance of their official duties.
\nSection 2: Civil Enforcement<\/p>\n
2<\/p>\n
ARTICLE 7: AVAILABILITY OF CIVIL PROCEDURES<\/p>\n
1. Each Party shall make available to right holders civil judicial procedures
\nconcerning the enforcement of any intellectual property right as specified in this Section.
\n2. To the extent that any civil remedy can be ordered as a result of administrative
\nprocedures on the merits of a case, each Party shall provide that such procedures shall
\nconform to principles equivalent in substance to those set forth in this Section.<\/p>\n
ARTICLE 8: INJUNCTIONS<\/p>\n
1. Each Party shall provide that, in civil judicial proceedings concerning the
\nenforcement of intellectual property rights, its judicial authorities have the authority to
\nissue an order against a party to desist from an infringement, and inter alia, an order to\u00a0that party or, where appropriate, to a third party over whom the relevant judicial\u00a0authority exercises jurisdiction, to prevent goods that involve the infringement of an\u00a0intellectual property right from entering into the channels of commerce.\u00a02\u00a0A Party may exclude patents and protection of undisclosed information from the scope of this Section. E-6
\n2. Notwithstanding the other provisions of this Section, a Party may limit the\u00a0remedies available against use by governments, or by third parties authorized by a\u00a0government, without the authorization of the right holder, to the payment of\u00a0remuneration, provided that the Party complies with the provisions of Part II of the\u00a0TRIPS Agreement specifically addressing such use. In other cases, the remedies under\u00a0this Section shall apply or, where these remedies are inconsistent with a Party\u2019s law,\u00a0declaratory judgments and adequate compensation shall be available.<\/p>\n
ARTICLE 9: DAMAGES<\/p>\n
1. Each Party shall provide that, in civil judicial proceedings concerning the
\nenforcement of intellectual property rights, its judicial authorities have the authority to
\norder the infringer who, knowingly or with reasonable grounds to know, engaged in
\ninfringing activity to pay the right holder damages adequate to compensate for the
\ninjury the right holder has suffered as a result of the infringement. In determining the
\namount of damages for infringement of intellectual property rights, a Party\u2019s judicial
\nauthorities shall have the authority to consider, inter alia, any legitimate measure of
\nvalue the right holder submits, which may include lost profits, the value of the infringed
\ngoods or services measured by the market price, or the suggested retail price.
\n2. At least in cases of copyright or related rights infringement and trademark
\ncounterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial
\nauthorities have the authority to order the infringer to pay the right holder the infringer\u2019s
\nprofits that are attributable to the infringement. A Party may presume those profits to
\nbe the amount of damages referred to in paragraph 1.
\n3. At least with respect to infringement of copyright or related rights protecting
\nworks, phonograms, and performances, and in cases of trademark counterfeiting, each
\nParty shall also establish or maintain a system that provides for one or more of the
\nfollowing:
\n(a) pre-established damages; or
\n(b) presumptions\u00a03\u00a0for determining the amount of damages sufficient to\u00a0compensate the right holder for the harm caused by the infringement; or
\n(c) at least for copyright, additional damages.\u00a04. Where a Party provides the remedy referred to in subparagraph 3(a) or the\u00a03\u00a0The presumptions referred to in subparagraph 3(b) may include a presumption that the amount of \u00a0damages is:
\n(i) the quantity of the goods infringing the right holder\u2019s intellectual property right in\u00a0question and actually assigned to third persons, multiplied by the amount of profit per unit of goods\u00a0which would have been sold by the right holder if there had not been the act of infringement; or
\n(ii) a\u00a0reasonable royalty; or
\n(iii) a lump sum on the basis of elements such as at least the amount of royalties or\u00a0fees which would have been due if the infringer had requested authorization to use the intellectual\u00a0property right in question. E-7\u00a0presumptions referred to in subparagraph 3(b), it shall ensure that either its judicial\u00a0authorities or the right holder has the right to choose such a remedy or presumptions as\u00a0an alternative to the remedies referred to in paragraphs 1 and 2.<\/p>\n
5. Each Party shall provide that its judicial authorities, where appropriate, have the<\/p>\n
authority to order, at the conclusion of civil judicial proceedings concerning
\ninfringement of at least copyright or related rights, or trademarks, that the prevailing
\nparty be awarded payment by the losing party of court costs or fees and appropriate
\nattorney\u2019s fees, or any other expenses as provided for under that Party\u2019s law.<\/p>\n
ARTICLE 10: OTHER REMEDIES<\/p>\n
1. At least with respect to pirated copyright goods and counterfeit trademark goods,
\neach Party shall provide that, in civil judicial proceedings, at the right holder\u2019s request,
\nits judicial authorities have the authority to order that such infringing goods be
\ndestroyed, except in exceptional circumstances, without compensation of any sort.
\n2. Each Party shall further provide that its judicial authorities have the authority to
\norder that materials and implements, the predominant use of which has been in the
\nmanufacture or creation of such infringing goods, be, without undue delay and without
\ncompensation of any sort, destroyed or disposed of outside the channels of commerce in
\nsuch a manner as to minimize the risks of further infringements.
\n3. A Party may provide for the remedies described in this Article to be carried out
\nat the infringer\u2019s expense.<\/p>\n
ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT<\/p>\n
Without prejudice to its law governing privilege, the protection of
\nconfidentiality of information sources, or the processing of personal data, each Party
\nshall provide that, in civil judicial proceedings concerning the enforcement of
\nintellectual property rights, its judicial authorities have the authority, upon a justified
\nrequest of the right holder, to order the infringer or, in the alternative, the alleged
\ninfringer, to provide to the right holder or to the judicial authorities, at least for the
\npurpose of collecting evidence, relevant information as provided for in its applicable
\nlaws and regulations that the infringer or alleged infringer possesses or controls. Such
\ninformation may include information regarding any person involved in any aspect of the
\ninfringement or alleged infringement and regarding the means of production or the
\nchannels of distribution of the infringing or allegedly infringing goods or services,
\nincluding the identification of third persons alleged to be involved in the production and
\ndistribution of such goods or services and of their channels of distribution.<\/p>\n
ARTICLE 12: PROVISIONAL MEASURES<\/p>\n
1. Each Party shall provide that its judicial authorities have the authority to order E-8
\nprompt and effective provisional measures:
\n(a) against a party or, where appropriate, a third party over whom the
\nrelevant judicial authority exercises jurisdiction, to prevent an
\ninfringement of any intellectual property right from occurring, and in
\nparticular, to prevent goods that involve the infringement of an
\nintellectual property right from entering into the channels of commerce;
\n(b) to preserve relevant evidence in regard to the alleged infringement.
\n2. Each Party shall provide that its judicial authorities have the authority to adopt
\nprovisional measures inaudita altera parte where appropriate, in particular where any
\ndelay is likely to cause irreparable harm to the right holder, or where there is a
\ndemonstrable risk of evidence being destroyed. In proceedings conducted inaudita
\naltera parte, each Party shall provide its judicial authorities with the authority to act
\nexpeditiously on requests for provisional measures and to make a decision without
\nundue delay.
\n3. At least in cases of copyright or related rights infringement and trademark
\ncounterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial
\nauthorities have the authority to order the seizure or other taking into custody of suspect
\ngoods, and of materials and implements relevant to the act of infringement, and, at least
\nfor trademark counterfeiting, documentary evidence, either originals or copies thereof,
\nrelevant to the infringement.
\n4. Each Party shall provide that its authorities have the authority to require the
\napplicant, with respect to provisional measures, to provide any reasonably available
\nevidence in order to satisfy themselves with a sufficient degree of certainty that the
\napplicant\u2019s right is being infringed or that such infringement is imminent, and to order
\nthe applicant to provide a security or equivalent assurance sufficient to protect the
\ndefendant and to prevent abuse. Such security or equivalent assurance shall not
\nunreasonably deter recourse to procedures for such provisional measures.
\n5. Where the provisional measures are revoked or where they lapse due to any act
\nor omission by the applicant, or where it is subsequently found that there has been no
\ninfringement of an intellectual property right, the judicial authorities shall have the
\nauthority to order the applicant, upon request of the defendant, to provide the defendant
\nappropriate compensation for any injury caused by these measures.
\nSection 3: Border Measures<\/p>\n
4, 5<\/p>\n
4\u00a0Where a Party has dismantled substantially all controls over movement of goods across its border with\u00a0another Party with which it forms part of a customs union, it shall not be required to apply the provisions\u00a0of this Section at that border.<\/p>\n
5\u00a0It is understood that there shall be no obligation to apply the procedures set forth in this Section to\u00a0goods put on the market in another country by or with the consent of the right holder. E-9
\nARTICLE 13: SCOPE OF THE BORDER MEASURES<\/p>\n
6\u00a0In providing, as appropriate, and consistent with its domestic system of
\nintellectual property rights protection and without prejudice to the requirements of the
\nTRIPS Agreement, for effective border enforcement of intellectual property rights, a
\nParty should do so in a manner that does not discriminate unjustifiably between
\nintellectual property rights and that avoids the creation of barriers to legitimate trade.<\/p>\n
ARTICLE 14: SMALL CONSIGNMENTS AND PERSONAL LUGGAGE<\/p>\n
1. Each Party shall include in the application of this Section goods of a commercial
\nnature sent in small consignments.
\n2. A Party may exclude from the application of this Section small quantities of
\ngoods of a non-commercial nature contained in travellers\u2019 personal luggage.<\/p>\n
ARTICLE 15: PROVISION OF INFORMATION FROM THE RIGHT HOLDER<\/p>\n
Each Party shall permit its competent authorities to request a right holder to
\nsupply relevant information to assist the competent authorities in taking the border
\nmeasures referred to in this Section. A Party may also allow a right holder to supply
\nrelevant information to its competent authorities.<\/p>\n
ARTICLE 16: BORDER MEASURES<\/p>\n
1. Each Party shall adopt or maintain procedures with respect to import and export
\nshipments under which:
\n(a) its customs authorities may act upon their own initiative to suspend the
\nrelease of suspect goods; and
\n(b) where appropriate, a right holder may request its competent authorities to
\nsuspend the release of suspect goods.
\n2. A Party may adopt or maintain procedures with respect to suspect in-transit
\ngoods or in other situations where the goods are under customs control under which:
\n(a) its customs authorities may act upon their own initiative to suspend the
\nrelease of, or to detain, suspect goods; and\u00a06\u00a0The Parties agree that patents and protection of undisclosed information do not fall within the scope of\u00a0this Section. E-10
\n(b) where appropriate, a right holder may request its competent authorities to\u00a0suspend the release of, or to detain, suspect goods.<\/p>\n
Article 17: APPLICATION BY THE RIGHT HOLDER
\n1. Each Party shall provide that its competent authorities require a right holder that
\nrequests the procedures described in subparagraphs 1(b) and 2(b) of Article 16 (Border
\nMeasures) to provide adequate evidence to satisfy the competent authorities that, under
\nthe law of the Party providing the procedures, there is prima facie an infringement of
\nthe right holder’s intellectual property right, and to supply sufficient information that
\nmay reasonably be expected to be within the right holder\u2019s knowledge to make the
\nsuspect goods reasonably recognizable by the competent authorities. The requirement
\nto provide sufficient information shall not unreasonably deter recourse to the procedures
\ndescribed in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures).
\n2. Each Party shall provide for applications to suspend the release of, or to detain,
\nany suspect goods\u00a07\u00a0under customs control in its territory. A Party may provide for such
\napplications to apply to multiple shipments. A Party may provide that, at the request of
\nthe right holder, the application to suspend the release of, or to detain, suspect goods
\nmay apply to selected points of entry and exit under customs control.
\n3. Each Party shall ensure that its competent authorities inform the applicant within
\na reasonable period whether they have accepted the application. Where its competent
\nauthorities have accepted the application, they shall also inform the applicant of the
\nperiod of validity of the application.
\n4. A Party may provide that, where the applicant has abused the procedures
\ndescribed in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures), or where
\nthere is due cause, its competent authorities have the authority to deny, suspend, or void
\nan application.
\nARTICLE 18: SECURITY OR EQUIVALENT ASSURANCE<\/p>\n
Each Party shall provide that its competent authorities have the authority to
\nrequire a right holder that requests the procedures described in subparagraphs 1(b) and
\n2(b) of Article 16 (Border Measures) to provide a reasonable security or equivalent
\nassurance sufficient to protect the defendant and the competent authorities and to
\nprevent abuse. Each Party shall provide that such security or equivalent assurance shall
\nnot unreasonably deter recourse to these procedures. A Party may provide that such
\nsecurity may be in the form of a bond conditioned to hold the defendant harmless from
\nany loss or damage resulting from any suspension of the release of, or detention of, the\u00a07\u00a0The requirement to provide for such applications is subject to the obligations to provide procedures\u00a0referred to in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures). E-11\u00a0goods in the event the competent authorities determine that the goods are not infringing.\u00a0A Party may, only in exceptional circumstances or pursuant to a judicial order, permit\u00a0the defendant to obtain possession of suspect goods by posting a bond or other security.<\/p>\n
ARTICLE 19: DETERMINATION AS TO INFRINGEMENT<\/p>\n
Each Party shall adopt or maintain procedures by which its competent
\nauthorities may determine, within a reasonable period after the initiation of the
\nprocedures described in Article 16 (Border Measures), whether the suspect goods
\ninfringe an intellectual property right.<\/p>\n
ARTICLE 20: REMEDIES<\/p>\n
1. Each Party shall provide that its competent authorities have the authority to
\norder the destruction of goods following a determination referred to in Article 19
\n(Determination as to Infringement) that the goods are infringing. In cases where such
\ngoods are not destroyed, each Party shall ensure that, except in exceptional
\ncircumstances, such goods are disposed of outside the channels of commerce in such a
\nmanner as to avoid any harm to the right holder.
\n2. In regard to counterfeit trademark goods, the simple removal of the trademark
\nunlawfully affixed shall not be sufficient, other than in exceptional cases, to permit
\nrelease of the goods into the channels of commerce.
\n3. A Party may provide that its competent authorities have the authority to impose
\nadministrative penalties following a determination referred to in Article 19
\n(Determination as to Infringement) that the goods are infringing.<\/p>\n
ARTICLE 21: FEES<\/p>\n
Each Party shall provide that any application fee, storage fee, or destruction fee
\nto be assessed by its competent authorities in connection with the procedures described
\nin this Section shall not be used to unreasonably deter recourse to these procedures.<\/p>\n
ARTICLE 22: DISCLOSURE OF INFORMATION<\/p>\n
Without prejudice to a Party\u2019s laws pertaining to the privacy or confidentiality
\nof information:
\n(a) a Party may authorize its competent authorities to provide a right holder
\nwith information about specific shipments of goods, including the
\ndescription and quantity of the goods, to assist in the detection of
\ninfringing goods; E-12
\n(b) a Party may authorize its competent authorities to provide a right holder
\nwith information about goods, including, but not limited to, the
\ndescription and quantity of the goods, the name and address of the
\nconsignor, importer, exporter, or consignee, and, if known, the country of
\norigin of the goods, and the name and address of the manufacturer of the
\ngoods, to assist in the determination referred to in Article 19
\n(Determination as to Infringement);
\n(c) unless a Party has provided its competent authorities with the authority
\ndescribed in subparagraph (b), at least in cases of imported goods, where
\nits competent authorities have seized suspect goods or, in the alternative,
\nmade a determination referred to in Article 19 (Determination as to
\nInfringement) that the goods are infringing, the Party shall authorize its
\ncompetent authorities to provide a right holder, within thirty days\u00a08\u00a0of the\u00a0seizure or determination, with information about such goods, including,\u00a0but not limited to, the description and quantity of the goods, the name\u00a0and address of the consignor, importer, exporter, or consignee, and, if\u00a0known, the country of origin of the goods, and the name and address of\u00a0the manufacturer of the goods.
\nSection 4: Criminal Enforcement<\/p>\n
ARTICLE 23: CRIMINAL OFFENCES<\/p>\n
1. Each Party shall provide for criminal procedures and penalties to be applied at
\nleast in cases of wilful trademark counterfeiting or copyright or related rights piracy on
\na commercial scale.\u00a09\u00a0For the purposes of this Section, acts carried out on a commercial
\nscale include at least those carried out as commercial activities for direct or indirect
\neconomic or commercial advantage.
\n2. Each Party shall provide for criminal procedures and penalties to be applied in
\ncases of wilful importation\u00a010\u00a0and domestic use, in the course of trade and on a\u00a0commercial scale, of labels or packaging:\u00a011<\/p>\n
8\u00a0For the purposes of this Article, days means business days.<\/p>\n
9\u00a0Each Party shall treat wilful importation or exportation of counterfeit trademark goods orpirated\u00a0copyright goods on a commercial scale as unlawful activities subject to criminal penalties under this\u00a0Article. A Party may comply with its obligation relating to importation and exportation of counterfeit\u00a0trademark goods or pirated copyright goods by providing for distribution, sale or offer for sale of such\u00a0goods on a commercial scale as unlawful activities subject to criminal penalties.<\/p>\n
10\u00a0A Party may comply with its obligation relating to importation of labels or packaging through its\u00a0measures concerning distribution.<\/p>\n
11\u00a0A Party may comply with its obligations under this paragraph by providing for criminal procedures\u00a0and penalties to be applied to attempts to commit a trademark offence. E-13<\/p>\n
(a) to which a mark has been applied without authorization which is identical
\nto, or cannot be distinguished from, a trademark registered in its territory;
\nand
\n(b) which are intended to be used in the course of trade on goods or in\u00a0relation to services which are identical to goods or services for which\u00a0such trademark is registered.
\n3. A Party may provide criminal procedures and penalties in appropriate cases for
\nthe unauthorized copying of cinematographic works from a performance in a motion
\npicture exhibition facility generally open to the public.
\n4. With respect to the offences specified in this Article for which a Party provides
\ncriminal procedures and penalties, that Party shall ensure that criminal liability for
\naiding and abetting is available under its law.
\n5. Each Party shall adopt such measures as may be necessary, consistent with its
\nlegal principles, to establish the liability, which may be criminal, of legal persons for the
\noffences specified in this Article for which the Party provides criminal procedures and
\npenalties. Such liability shall be without prejudice to the criminal liability of the natural
\npersons who have committed the criminal offences.<\/p>\n
ARTICLE 24: PENALTIES<\/p>\n
For offences specified in paragraphs 1, 2, and 4 of Article 23 (Criminal
\nOffences), each Party shall provide penalties that include imprisonment as well as
\nmonetary fines<\/p>\n
12\u00a0sufficiently high to provide a deterrent to future acts of infringement,\u00a0consistently with the level of penalties applied for crimes of a corresponding gravity.<\/p>\n
ARTICLE 25: SEIZURE, FORFEITURE, AND DESTRUCTION<\/p>\n
1. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
\n(Criminal Offences) for which a Party provides criminal procedures and penalties, that
\nParty shall provide that its competent authorities have the authority to order the seizure
\nof suspected counterfeit trademark goods or pirated copyright goods, any related
\nmaterials and implements used in the commission of the alleged offence, documentary
\nevidence relevant to the alleged offence, and the assets derived from, or obtained
\ndirectly or indirectly through, the alleged infringing activity.
\n2. Where a Party requires the identification of items subject to seizure as a
\nprerequisite for issuing an order referred to in paragraph 1, that Party shall not require
\nthe items to be described in greater detail than necessary to identify them for the<\/p>\n
12\u00a0It is understood that there is no obligation for a Party to provide for the possibility of imprisonment\u00a0and monetary fines to be imposed in parallel. E-14\u00a0purpose of seizure.<\/p>\n
3. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
\n(Criminal Offences) for which a Party provides criminal procedures and penalties, that
\nParty shall provide that its competent authorities have the authority to order the
\nforfeiture or destruction of all counterfeit trademark goods or pirated copyright goods.
\nIn cases where counterfeit trademark goods and pirated copyright goods are not
\ndestroyed, the competent authorities shall ensure that, except in exceptional
\ncircumstances, such goods shall be disposed of outside the channels of commerce in
\nsuch a manner as to avoid causing any harm to the right holder. Each Party shall ensure
\nthat the forfeiture or destruction of such goods shall occur without compensation of any
\nsort to the infringer.
\n4. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
\n(Criminal Offences) for which a Party provides criminal procedures and penalties, that
\nParty shall provide that its competent authorities have the authority to order the
\nforfeiture or destruction of materials and implements predominantly used in the creation
\nof counterfeit trademark goods or pirated copyright goods and, at least for serious
\noffences, of the assets derived from, or obtained directly or indirectly through, the
\ninfringing activity. Each Party shall ensure that the forfeiture or destruction of such
\nmaterials, implements, or assets shall occur without compensation of any sort to the
\ninfringer.
\n5. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
\n(Criminal Offences) for which a Party provides criminal procedures and penalties, that
\nParty may provide that its judicial authorities have the authority to order:
\n(a) the seizure of assets the value of which corresponds to that of the assets
\nderived from, or obtained directly or indirectly through, the allegedly
\ninfringing activity; and
\n(b) the forfeiture of assets the value of which corresponds to that of the
\nassets derived from, or obtained directly or indirectly through, the
\ninfringing activity.<\/p>\n
ARTICLE 26: EX OFFICIO CRIMINAL ENFORCEMENT<\/p>\n
Each Party shall provide that, in appropriate cases, its competent authorities may
\nact upon their own initiative to initiate investigation or legal action with respect to the
\ncriminal offences specified in paragraphs 1, 2, 3, and 4 of Article 23 (Criminal
\nOffences) for which that Party provides criminal procedures and penalties.<\/p>\n
Section 5: Enforcement of Intellectual Property Rights in the Digital Environment<\/p>\n
ARTICLE 27: ENFORCEMENT IN THE DIGITAL ENVIRONMENTE-15<\/p>\n
1. Each Party shall ensure that enforcement procedures, to the extent set forth in
\nSections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its
\nlaw so as to permit effective action against an act of infringement of intellectual\u00a0property rights which takes place in the digital environment, including expeditious\u00a0remedies to prevent infringement and remedies which constitute a deterrent to further\u00a0infringements.
\n2. Further to paragraph 1, each Party\u2019s enforcement procedures shall apply to\u00a0infringement of copyright or related rights over digital networks, which may include the\u00a0unlawful use of means of widespread distribution for infringing purposes. These\u00a0procedures shall be implemented in a manner that avoids the creation of barriers to\u00a0legitimate activity, including electronic commerce, and, consistent with that Party\u2019s law,\u00a0preserves fundamental principles such as freedom of expression, fair process, and\u00a0privacy.<\/p>\n
13<\/p>\n
3. Each Party shall endeavour to promote cooperative efforts within the business
\ncommunity to effectively address trademark and copyright or related rights infringement
\nwhile preserving legitimate competition and, consistent with that Party\u2019s law,
\npreserving fundamental principles such as freedom of expression, fair process, and
\nprivacy.
\n4. A Party may provide, in accordance with its laws and regulations, its competent
\nauthorities with the authority to order an online service provider to disclose
\nexpeditiously to a right holder information sufficient to identify a subscriber whose
\naccount was allegedly used for infringement, where that right holder has filed a legally
\nsufficient claim of trademark or copyright or related rights infringement, and where
\nsuch information is being sought for the purpose of protecting or enforcing those rights.
\nThese procedures shall be implemented in a manner that avoids the creation of barriers
\nto legitimate activity, including electronic commerce, and, consistent with that Party\u2019s
\nlaw, preserves fundamental principles such as freedom of expression, fair process, and
\nprivacy.
\n5. Each Party shall provide adequate legal protection and effective legal remedies
\nagainst the circumvention of effective technological measures\u00a014\u00a0that are used by authors,\u00a0performers or producers of phonograms in connection with the exercise of their rights in,\u00a013\u00a0For instance, without prejudice to a Party\u2019s law, adopting or maintaining a regime providing for\u00a0limitations on the liability of, or on the remedies available against, online service providers while\u00a0preserving the legitimate interests of right holder.\u00a014\u00a0For the purposes of this Article, technological measures means any technology, device, or component\u00a0that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works,\u00a0performances, or phonograms, which are not authorized by authors, performers or producers of\u00a0phonograms, as provided for by a Party\u2019s law. Without prejudice to the scope of copyright or related\u00a0rights contained in a Party\u2019s law, technological measures shall be deemed effective where the use of\u00a0protected works, performances, or phonograms is controlled by authors, performers or producers of\u00a0phonograms through the application of a relevant access control or protection process, such as encryption\u00a0or scrambling, or a copy control mechanism, which achieves the objective of protection. E-16\u00a0and that restrict acts in respect of, their works, performances, and phonograms, which\u00a0are not authorized by the authors, the performers or the producers of phonograms\u00a0concerned or permitted by law.
\n6. In order to provide the adequate legal protection and effective legal remedies\u00a0referred to in paragraph 5, each Party shall provide protection at least against:
\n(a) to the extent provided by its law:
\n(i) the unauthorized circumvention of an effective technological\u00a0measure carried out knowingly or with reasonable grounds to\u00a0know; and
\n(ii) the offering to the public by marketing of a device or product,\u00a0including computer programs, or a service, as a means of\u00a0circumventing an effective technological measure; and
\n(b) the manufacture, importation, or distribution of a device or product,\u00a0including computer programs, or provision of a service that:
\n(i) is primarily designed or produced for the purpose of\u00a0circumventing an effective technological measure; or
\n(ii) has only a limited commercially significant purpose other than\u00a0circumventing an effective technological measure.<\/p>\n
15<\/p>\n
7. To protect electronic rights management information,\u00a016\u00a0each Party shall provide
\nadequate legal protection and effective legal remedies against any person knowingly
\nperforming without authority any of the following acts knowing, or with respect to civil
\nremedies, having reasonable grounds to know, that it will induce, enable, facilitate, or
\nconceal an infringement of any copyright or related rights:\u00a015\u00a0In implementing paragraphs 5 and 6, no Party shall be obligated to require that the design of, or the\u00a0design and selection of parts and components for, a consumer electronics, telecommunications, or\u00a0computing product provide for a response to any particular technological measure, so long as the product\u00a0does not otherwise contravene its measures implementing these paragraphs.\u00a016\u00a0For the purposes of this Article, rights management information means:<\/p>\n
(a) information that identifies the work, the performance, or the phonogram; the author of the work,\u00a0the performer of the performance, or the producer of the phonogram; or the owner of any right in\u00a0the work, performance, or phonogram;
\n(b) information about the terms and conditions of use of the work, performance, or phonogram; or
\n(c) any numbers or codes that represent the information described in (a) and (b) above;
\nwhen any of these items of information is attached to a copy of a work, performance, or phonogram, or\u00a0appears in connection with the communication or making available of a work, performance, or\u00a0phonogram to the public. E-17
\n(a) to remove or alter any electronic rights management information;
\n(b) to distribute, import for distribution, broadcast, communicate, or make
\navailable to the public copies of works, performances, or phonograms,
\nknowing that electronic rights management information has been
\nremoved or altered without authority.
\n8. In providing adequate legal protection and effective legal remedies pursuant to
\nthe provisions of paragraphs 5 and 7, a Party may adopt or maintain appropriate
\nlimitations or exceptions to measures implementing the provisions of paragraphs 5, 6,
\nand 7. The obligations set forth in paragraphs 5, 6, and 7 are without prejudice to the
\nrights, limitations, exceptions, or defences to copyright or related rights infringement
\nunder a Party\u2019s law.
\nCHAPTER III<\/p>\n
ENFORCEMENT PRACTICES
\nARTICLE 28: ENFORCEMENT EXPERTISE, INFORMATION, AND DOMESTIC COORDINATION<\/p>\n
1. Each Party shall encourage the development of specialized expertise within its
\ncompetent authorities responsible for the enforcement of intellectual property rights.
\n2. Each Party shall promote the collection and analysis of statistical data and other
\nrelevant information concerning intellectual property rights infringements as well as the
\ncollection of information on best practices to prevent and combat infringements.
\n3. Each Party shall, as appropriate, promote internal coordination among, and
\nfacilitate joint actions by, its competent authorities responsible for the enforcement of
\nintellectual property rights.
\n4. Each Party shall endeavour to promote, where appropriate, the establishment
\nand maintenance of formal or informal mechanisms, such as advisory groups, whereby
\nits competent authorities may receive the views of right holders and other relevant
\nstakeholders.<\/p>\n
ARTICLE 29: MANAGEMENT OF RISK AT BORDER<\/p>\n
1. In order to enhance the effectiveness of border enforcement of intellectual
\nproperty rights, the competent authorities of a Party may:
\n(a) consult with the relevant stakeholders, and the competent authorities of
\nother Parties responsible for the enforcement of intellectual property
\nrights to identify and address significant risks, and promote actions to
\nmitigate those risks; and E-18
\n(b) share information with the competent authorities of other Parties on
\nborder enforcement of intellectual property rights, including relevant
\ninformation to better identify and target for inspection shipments
\nsuspected of containing infringing goods.
\n2. Where a Party seizes imported goods infringing an intellectual property right, its
\ncompetent authorities may provide the Party of export with information necessary for
\nidentification of the parties and goods involved in the exportation of the seized goods.
\nThe competent authorities of the Party of export may take action against those parties
\nand future shipments in accordance with that Party\u2019s law.<\/p>\n
ARTICLE 30: TRANSPARENCY<\/p>\n
To promote transparency in the administration of its intellectual property rights
\nenforcement system, each Party shall take appropriate measures, pursuant to its law and
\npolicies, to publish or otherwise make available to the public information on:
\n(a) procedures available under its law for enforcing intellectual property
\nrights, its competent authorities responsible for such enforcement, and
\ncontact points available for assistance;
\n(b) relevant laws, regulations, final judicial decisions, and administrative
\nrulings of general application pertaining to the enforcement of
\nintellectual property rights; and
\n(c) its efforts to ensure an effective system of enforcement and protection of
\nintellectual property rights.<\/p>\n
ARTICLE 31: PUBLIC AWARENESS<\/p>\n
Each Party shall, as appropriate, promote the adoption of measures to enhance
\npublic awareness of the importance of respecting intellectual property rights and the
\ndetrimental effects of intellectual property rights infringement.<\/p>\n
ARTICLE 32: ENVIRONMENTAL CONSIDERATIONS IN DESTRUCTION OF INFRINGING\u00a0GOODS<\/p>\n
The destruction of goods infringing intellectual property rights shall be done
\nconsistently with the laws and regulations on environmental matters of the Party in
\nwhich the destruction takes place.<\/p>\n
CHAPTER IV
\nINTERNATIONAL COOPERATIONE-19
\nARTICLE 33: INTERNATIONAL COOPERATION<\/p>\n
1. Each Party recognizes that international cooperation is vital to realizing effective
\nprotection of intellectual property rights and that it should be encouraged regardless of
\nthe origin of the goods infringing intellectual property rights, or the location or
\nnationality of the right holder.
\n2. In order to combat intellectual property rights infringement, in particular
\ntrademark counterfeiting and copyright or related rights piracy, the Parties shall promote
\ncooperation, where appropriate, among their competent authorities responsible for the
\nenforcement of intellectual property rights. Such cooperation may include law
\nenforcement cooperation with respect to criminal enforcement and border measures
\ncovered by this Agreement.
\n3. Cooperation under this Chapter shall be conducted consistent with relevant
\ninternational agreements, and subject to the laws, policies, resource allocation, and law
\nenforcement priorities of each Party.<\/p>\n
ARTICLE 34: INFORMATION SHARING<\/p>\n
Without prejudice to the provisions of Article 29 (Management of Risk at
\nBorder), each Party shall endeavour to exchange with other Parties:
\n(a) information the Party collects under the provisions of Chapter III
\n(Enforcement Practices), including statistical data and information on
\nbest practices;
\n(b) information on its legislative and regulatory measures related to the
\nprotection and enforcement of intellectual property rights; and
\n(c) other information as appropriate and mutually agreed.<\/p>\n
ARTICLE 35: CAPACITY BUILDING AND TECHNICAL ASSISTANCE<\/p>\n
1. Each Party shall endeavour to provide, upon request and on mutually agreed
\nterms and conditions, assistance in capacity building and technical assistance in
\nimproving the enforcement of intellectual property rights to other Parties to this
\nAgreement and, where appropriate, to prospective Parties. The capacity building and
\ntechnical assistance may cover such areas as:
\n(a) enhancement of public awareness on intellectual property rights;
\n(b) development and implementation of national legislation related to the
\nenforcement of intellectual property rights; E-20
\n(c) training of officials on the enforcement of intellectual property rights;
\nand
\n(d) coordinated operations conducted at the regional and multilateral levels.
\n2. Each Party shall endeavour to work closely with other Parties and, where
\nappropriate, non-Parties to this Agreement for the purpose of implementing the
\nprovisions of paragraph 1.
\n3. A Party may undertake the activities described in this Article in conjunction
\nwith relevant private sector or international organizations. Each Party shall strive to
\navoid unnecessary duplication between the activities described in this Article and other
\ninternational cooperation activities.<\/p>\n
CHAPTER V<\/p>\n
INSTITUTIONAL ARRANGEMENTS<\/p>\n
ARTICLE 36: THE ACTA COMMITTEE<\/p>\n
1. The Parties hereby establish the ACTA Committee. Each Party shall be
\nrepresented on the Committee.
\n2. The Committee shall:
\n(a) review the implementation and operation of this Agreement;
\n(b) consider matters concerning the development of this Agreement;
\n(c) consider any proposed amendments to this Agreement in accordance with
\nArticle 42 (Amendments);
\n(d) decide, in accordance with paragraph 2 of Article 43 (Accession), upon
\nthe terms of accession to this Agreement of any Member of the WTO;
\nand
\n(e) consider any other matter that may affect the implementation and
\noperation of this Agreement.
\n3. The Committee may decide to:
\n(a) establish ad hoc committees or working groups to assist the Committee
\nin carrying out its responsibilities under paragraph 2, or to assist a
\nprospective Party upon its request in acceding to this Agreement in
\naccordance with Article 43 (Accession);
\n(b) seek the advice of non-governmental persons or groups; E-21
\n(c) make recommendations regarding the implementation and operation of
\nthis Agreement, including by endorsing best practice guidelines related
\nthereto;
\n(d) share information and best practices with third parties on reducing
\nintellectual property rights infringements, including techniques for
\nidentifying and monitoring piracy and counterfeiting; and
\n(e) take other actions in the exercise of its functions.
\n4. All decisions of the Committee shall be taken by consensus, except as the
\nCommittee may otherwise decide by consensus. The Committee shall be deemed to
\nhave acted by consensus on a matter submitted for its consideration, if no Party present
\nat the meeting when the decision is taken formally objects to the proposed decision.
\nEnglish shall be the working language of the Committee and the documents supporting
\nits work shall be in the English language.
\n5. The Committee shall adopt its rules and procedures within a reasonable period
\nafter the entry into force of this Agreement, and shall invite those Signatories not Parties
\nto this Agreement to participate in the Committee\u2019s deliberations on those rules and
\nprocedures. The rules and procedures:
\n(a) shall address such matters as chairing and hosting meetings, and the
\nperformance of organizational duties relevant to this Agreement and its
\noperation; and
\n(b) may also address such matters as granting observer status, and any other
\nmatter the Committee decides necessary for its proper operation.
\n6. The Committee may amend the rules and procedures.
\n7. Notwithstanding the provisions of paragraph 4, during the first five years
\nfollowing the entry into force of this Agreement, the Committee\u2019s decisions to adopt or
\namend the rules and procedures shall be taken by consensus of the Parties and those
\nSignatories not Parties to this Agreement.
\n8. After the period specified in paragraph 7, the Committee may adopt or amend
\nthe rules and procedures upon the consensus of the Parties to this Agreement.
\n9. Notwithstanding the provisions of paragraph 8, the Committee may decide that
\nthe adoption or amendment of a particular rule or procedure requires the consensus of
\nthe Parties and those Signatories not Parties to this Agreement.
\n10. The Committee shall convene at least once every year unless the Committee
\ndecides otherwise. The first meeting of the Committee shall be held within a reasonable
\nperiod after the entry into force of this Agreement. E-22
\n11. For greater certainty, the Committee shall not oversee or supervise domestic or
\ninternational enforcement or criminal investigations of specific intellectual property
\ncases.
\n12. The Committee shall strive to avoid unnecessary duplication between its
\nactivities and other international efforts regarding the enforcement of intellectual
\nproperty rights.<\/p>\n
ARTICLE 37: CONTACT POINTS<\/p>\n
1. Each Party shall designate a contact point to facilitate communications between
\nthe Parties on any matter covered by this Agreement.
\n2. On the request of another Party, a Party\u2019s contact point shall identify an
\nappropriate office or official to whom the requesting Party\u2019s inquiry may be addressed,
\nand assist, as necessary, in facilitating communications between the office or official
\nconcerned and the requesting Party.<\/p>\n
ARTICLE 38: CONSULTATIONS<\/p>\n
1. A Party may request in writing consultations with another Party with respect to
\nany matter affecting the implementation of this Agreement. The requested Party shall
\naccord sympathetic consideration to such a request, provide a response, and afford
\nadequate opportunity to consult.
\n2. The consultations, including particular positions taken by consulting Parties,
\nshall be kept confidential and be without prejudice to the rights or positions of either
\nParty in any other proceeding, including a proceeding under the auspices of the
\nUnderstanding on Rules and Procedures Governing the Settlement of Disputes
\ncontained in Annex 2 to the WTO Agreement.
\n3. The consulting Parties may, by mutual consent, notify the Committee of the
\nresult of their consultations under this Article.<\/p>\n
CHAPTER VI<\/p>\n
FINAL PROVISIONS<\/p>\n
ARTICLE 39: SIGNATURE<\/p>\n
This Agreement shall remain open for signature by participants in its E-23
\nnegotiation,17\u00a0and by any other WTO Members the participants may agree to by
\nconsensus, from 1 May 2011 until 1 May 2013.<\/p>\n
ARTICLE 40: ENTRY INTO FORCE<\/p>\n
1. This Agreement shall enter into force thirty days after the date of deposit of the
\nsixth instrument of ratification, acceptance, or approval as between those Signatories
\nthat have deposited their respective instruments of ratification, acceptance, or approval.
\n2. This Agreement shall enter into force for each Signatory that deposits its
\ninstrument of ratification, acceptance, or approval after the deposit of the sixth
\ninstrument of ratification, acceptance, or approval, thirty days after the date of deposit
\nby such Signatory of its instrument of ratification, acceptance, or approval.<\/p>\n
ARTICLE 41: WITHDRAWAL<\/p>\n
A Party may withdraw from this Agreement by means of a written notification
\nto the Depositary. The withdrawal shall take effect 180 days after the Depositary
\nreceives the notification.<\/p>\n
ARTICLE 42: AMENDMENTS<\/p>\n
1. A Party may propose amendments to this Agreement to the Committee. The
\nCommittee shall decide whether to present a proposed amendment to the Parties for
\nratification, acceptance, or approval.
\n2. Any amendment shall enter into force ninety days after the date that all the
\nParties have deposited their respective instruments of ratification, acceptance, or
\napproval with the Depositary.<\/p>\n
ARTICLE 43: ACCESSION<\/p>\n
17
\nAustralia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the\u00a0Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the\u00a0European Union, the Republic of Finland, the French Republic, the Federal Republic of Germany, the\u00a0Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea,\u00a0the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of\u00a0Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New\u00a0Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the
\nSlovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss\u00a0Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of\u00a0America.E-24
\n1. After the expiration of the period provided in Article 39 (Signature), any
\nMember of the WTO may apply to accede to this Agreement.
\n2. The Committee shall decide upon the terms of accession for each applicant.
\n3. This Agreement shall enter into force for the applicant thirty days after the date
\nof deposit of its instrument of accession based upon the terms of accession referred to in
\nparagraph 2.<\/p>\n
ARTICLE 44: TEXTS OF THE AGREEMENT<\/p>\n
This Agreement shall be signed in a single original in the English, French, and
\nSpanish languages, each version being equally authentic.<\/p>\n
ARTICLE 45: DEPOSITARY<\/p>\n
The Government of Japan shall be the Depositary of this Agreement.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
ACTA –\u00a0Anti-Counterfeiting Trade Agreement Anti-Counterfeiting Trade Agreement E-1 The Parties to this Agreement,\u00a0Noting that effective enforcement of intellectual property rights is critical to sustaining\u00a0economic growth across all industries and globally; Noting further that the proliferation of counterfeit and pirated goods, as well as of\u00a0services that distribute infringing material, undermines legitimate trade and sustainable\u00a0development of the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":607,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-613","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/P29Kla-9T","_links":{"self":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/613","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/comments?post=613"}],"version-history":[{"count":7,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/613\/revisions"}],"predecessor-version":[{"id":1032,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/613\/revisions\/1032"}],"up":[{"embeddable":true,"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/pages\/607"}],"wp:attachment":[{"href":"https:\/\/www.hephaestusproject.com\/blog\/wp-json\/wp\/v2\/media?parent=613"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}