ACTA - Revision history

HgO: documentation and copyright categories

2016-11-12T22:06:59Z

documentation and copyright categories

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	===Footnote 16===		===Footnote 16===
	Australia, the Republic of Austria, '''the Kingdom of Belgium''', the Republic of Bulgaria, Canada, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, '''the European Union''', the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.		Australia, the Republic of Austria, '''the Kingdom of Belgium''', the Republic of Bulgaria, Canada, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, '''the European Union''', the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.

			[[Category:Documentation]] [[Category:Copyright]]

Spamaccount: /* Article 34: Information Sharing */

2012-03-11T21:18:12Z

Article 34: Information Sharing

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	===Article 34: Information Sharing===		===Article 34: Information Sharing===
	Without prejudice to the provisions of [[#Article 29: Management of Risk at Border\|Article 29]] (Management of Risk at Border), each Party shall endeavour to exchange with other Parties:		Without prejudice to the provisions of [[#Article 29: Management of Risk at Border\|Article 29]] (Management of Risk at Border), each Party shall endeavour to exchange with other Parties:
	# information the Party collects under the provisions of Chapter III (Enforcement Practices), including statistical data and information on best practices;		# information the Party collects under the provisions of [[#Enforcement Practices\|Chapter III]] (Enforcement Practices), including statistical data and information on best practices;
	# information on its legislative and regulatory measures related to the protection and enforcement of intellectual property rights; and		# information on its legislative and regulatory measures related to the protection and enforcement of intellectual property rights; and
	# other information as appropriate and mutually agreed.		# other information as appropriate and mutually agreed.

	===Article 35: Capacity Building and Technical Assistance===		===Article 35: Capacity Building and Technical Assistance===
	# Each Party shall endeavour to provide, upon request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance in improving the enforcement of intellectual property rights to other Parties to this Agreement and, where appropriate, to prospective Parties. The capacity building and technical assistance may cover such areas as:		# Each Party shall endeavour to provide, upon request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance in improving the enforcement of intellectual property rights to other Parties to this Agreement and, where appropriate, to prospective Parties. The capacity building and technical assistance may cover such areas as:

Spamaccount: /* Article 5: General Definitions */

2012-03-11T21:17:02Z

Article 5: General Definitions

Spamaccount at 21:15, 11 March 2012

2012-03-11T21:15:03Z

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	# pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country in which the procedures set forth in Chapter II (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;		# pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country in which the procedures set forth in Chapter II (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;
	# right holder includes a federation or an association having the legal standing to assert rights in intellectual property;		# right holder includes a federation or an association having the legal standing to assert rights in intellectual property;
	# territory, for the purposes of Section 3 (Border Measures) of Chapter II (Legal Framework for Enforcement of Intellectual Property Rights), means the customs territory and all [[#Footnote 1\|free zones]] of a Party;		# territory, for the purposes of [[#Border Measures\|Section 3]] (Border Measures) of [[#Legal Framework for Enforcement of Intellectual Property Rights\|Chapter II]] (Legal Framework for Enforcement of Intellectual Property Rights), means the customs territory and all [[#Footnote 1\|free zones]] of a Party;
	# transhipment means the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is the office of both importation and exportation;		# transhipment means the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is the office of both importation and exportation;
	# TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement;		# TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement;
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	==Enforcement of Intellectual Property Rights in the Digital Environment==		==Enforcement of Intellectual Property Rights in the Digital Environment==
	===Article 27: Enforcement in the Digital Environment===		===Article 27: Enforcement in the Digital Environment===
	# Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements.		# Each Party shall ensure that enforcement procedures, to the extent set forth in [[#Civil Enforcement\|Sections 2]] (Civil Enforcement) and [[#Criminal Enforcement\|4]] (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements.
	# Further to paragraph 1, each Party's enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and [[#Footnote 12\|privacy]].		# Further to paragraph 1, each Party's enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and [[#Footnote 12\|privacy]].
	# Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party's law, preserving fundamental principles such as freedom of expression, fair process, and privacy.		# Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party's law, preserving fundamental principles such as freedom of expression, fair process, and privacy.

Spamaccount: /* Article 22: Disclosure of Information */

2012-03-11T21:09:41Z

Article 22: Disclosure of Information

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	# a Party may authorize its competent authorities to provide a right holder with information about specific shipments of goods, including the description and quantity of the goods, to assist in the detection of infringing goods;		# a Party may authorize its competent authorities to provide a right holder with information about specific shipments of goods, including the description and quantity of the goods, to assist in the detection of infringing goods;
	# a Party may authorize its competent authorities to provide a right holder with information about goods, including, but not limited to, the description and quantity of the goods, the name and address of the consignor, importer, exporter, or consignee, and, if known, the country of origin of the goods, and the name and address of the manufacturer of the goods, to assist in the determination referred to in [[#Article 19: Determination as to Infringement\|Article 19]] (Determination as to Infringement);		# a Party may authorize its competent authorities to provide a right holder with information about goods, including, but not limited to, the description and quantity of the goods, the name and address of the consignor, importer, exporter, or consignee, and, if known, the country of origin of the goods, and the name and address of the manufacturer of the goods, to assist in the determination referred to in [[#Article 19: Determination as to Infringement\|Article 19]] (Determination as to Infringement);
	# unless a Party has provided its competent authorities with the authority described in subparagraph (b), at least in cases of imported goods, where its competent authorities have seized suspect goods or, in the alternative, made a determination referred to in Article 19 (Determination as to Infringement) that the goods are infringing, the Party shall authorize its competent authorities to provide a right holder, within thirty [[#Footnote 7\|days]] of the seizure or determination, with information about such goods, including, but not limited to, the description and quantity of the goods, the name and address of the consignor, importer, exporter, or consignee, and, if known, the country of origin of the goods, and the name and address of the manufacturer of the goods.		# unless a Party has provided its competent authorities with the authority described in subparagraph (b), at least in cases of imported goods, where its competent authorities have seized suspect goods or, in the alternative, made a determination referred to in [[#Article 19: Determination as to Infringement\|Article 19]] (Determination as to Infringement) that the goods are infringing, the Party shall authorize its competent authorities to provide a right holder, within thirty [[#Footnote 7\|days]] of the seizure or determination, with information about such goods, including, but not limited to, the description and quantity of the goods, the name and address of the consignor, importer, exporter, or consignee, and, if known, the country of origin of the goods, and the name and address of the manufacturer of the goods.

	==Criminal Enforcement==		==Criminal Enforcement==
	===Article 23: Criminal Offences===		===Article 23: Criminal Offences===

Spamaccount: /* Article 27: Enforcement in the Digital Environment */

2012-03-11T21:08:00Z

Article 27: Enforcement in the Digital Environment

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	# Further to paragraph 1, each Party's enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and [[#Footnote 12\|privacy]].		# Further to paragraph 1, each Party's enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and [[#Footnote 12\|privacy]].
	# Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party's law, preserving fundamental principles such as freedom of expression, fair process, and privacy.		# Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party's law, preserving fundamental principles such as freedom of expression, fair process, and privacy.
	# A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers		# A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and privacy.
	to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and privacy.
	# Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective [[#Footnote 13\|technological measures]] that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorized by the authors, the performers or the producers of phonograms concerned or permitted by law.		# Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective [[#Footnote 13\|technological measures]] that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorized by the authors, the performers or the producers of phonograms concerned or permitted by law.
	# In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 5, each Party shall provide protection at least against:		# In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 5, each Party shall provide protection at least against:
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	## to remove or alter any electronic rights management information;		## to remove or alter any electronic rights management information;
	## to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.		## to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.
	# In providing adequate legal protection and effective legal remedies pursuant to the provisions of paragraphs 5 and 7, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraphs 5, 6, and 7. The obligations set forth in paragraphs 5, 6, and 7 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under a Party's law.		# In providing adequate legal protection and effective legal remedies pursuant to the provisions of paragraphs 5 and 7, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraphs 5, 6, and 7. The obligations set forth in paragraphs 5, 6, and 7 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under a Party's law.

	=Enforcement Practices=		=Enforcement Practices=
	===Article 28: Enforcement Expertise, Information, and Domestic Coordination===		===Article 28: Enforcement Expertise, Information, and Domestic Coordination===

Spamaccount at 21:06, 11 March 2012

2012-03-11T21:06:40Z

Show changes

317070 at 23:34, 15 February 2012

2012-02-15T23:34:50Z

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	# Each Party shall give effect to the provisions of this Agreement. A Party may implement in its law more extensive enforcement of intellectual property rights than is required by this Agreement, provided that such enforcement does not contravene the provisions of this Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.		# Each Party shall give effect to the provisions of this Agreement. A Party may implement in its law more extensive enforcement of intellectual property rights than is required by this Agreement, provided that such enforcement does not contravene the provisions of this Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.
	# Nothing in this Agreement creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and enforcement of law in general.		# Nothing in this Agreement creates any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and enforcement of law in general.
	# The objectives and principles set forth in Part I of the TRIPS Agreement, in particular in Articles 7 and 8, shall apply, mutatis mutandis, to this Agreement.		# The objectives and principles set forth in Part I of the TRIPS Agreement, in particular in [[#Article 7: Availability of Civil Procedures\|Articles 7]] and [[#Article 8: Injunctions\|8]], shall apply, mutatis mutandis, to this Agreement.
	===Article 3: Relation to Standards concerning the Availability and Scope of Intellectual Property Rights ===		===Article 3: Relation to Standards concerning the Availability and Scope of Intellectual Property Rights ===
	# This Agreement shall be without prejudice to provisions in a Party's law governing the availability, acquisition, scope, and maintenance of intellectual property rights.		# This Agreement shall be without prejudice to provisions in a Party's law governing the availability, acquisition, scope, and maintenance of intellectual property rights.

317070 at 23:32, 15 February 2012

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	The Government of Japan shall be the Depositary of this Agreement.		The Government of Japan shall be the Depositary of this Agreement.

	==Footnotes==		=Footnotes=
	===Footnote 1===		===Footnote 1===
	For greater certainty, the Parties acknowledge that free zone means a part of the territory of a Party where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory.		For greater certainty, the Parties acknowledge that free zone means a part of the territory of a Party where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory.

317070 at 23:31, 15 February 2012

2012-02-15T23:31:56Z

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	# A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers		# A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers
	to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and privacy.		to legitimate activity, including electronic commerce, and, consistent with that Party's law, preserves fundamental principles such as freedom of expression, fair process, and privacy.
	# Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorized by the authors, the performers or the producers of phonograms concerned or permitted by law.		# Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective [[#Footnote 13\|technological measures]] that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorized by the authors, the performers or the producers of phonograms concerned or permitted by law.
	# In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 5, each Party shall provide protection at least against:		# In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 5, each Party shall provide protection at least against:
	## to the extent provided by its law:		## to the extent provided by its law:
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	## the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:		## the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:
	### is primarily designed or produced for the purpose of circumventing an effective technological measure; or		### is primarily designed or produced for the purpose of circumventing an effective technological measure; or
	### has only a limited commercially significant purpose other than circumventing an effective technological measure.		### has only a limited commercially significant purpose other than circumventing an effective [[#Footnote 14\|technological measure]].
			# To protect [[#Footnote 15\|electronic rights management information]], each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing without authority any of the following acts knowing, or with respect to civil remedies, having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any copyright or related rights:
			## to remove or alter any electronic rights management information;
			## to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.
			# In providing adequate legal protection and effective legal remedies pursuant to the provisions of paragraphs 5 and 7, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing the provisions of paragraphs 5, 6, and 7. The obligations set forth in paragraphs 5, 6, and 7 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under a Party's law.
	=Enforcement Practices=		=Enforcement Practices=
	===Article 28: Enforcement Expertise, Information, and Domestic Coordination===		===Article 28: Enforcement Expertise, Information, and Domestic Coordination===
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	=Final Provisions=		=Final Provisions=
	===Article 39: Signature===		===Article 39: Signature===
	This Agreement shall remain open for signature by participants in its negotiation, and by any other WTO Members the participants may agree to by consensus, from 1 May 2011 until 1 May 2013.		This Agreement shall remain open for signature [[[#Footnote 16\|by participants in its negotiation]], and by any other WTO Members the participants may agree to by consensus, from 1 May 2011 until 1 May 2013.
	===Article 40: Entry Into Force===		===Article 40: Entry Into Force===
	# This Agreement shall enter into force thirty days after the date of deposit of the sixth instrument of ratification, acceptance, or approval as between those Signatories that have deposited their respective instruments of ratification, acceptance, or approval.		# This Agreement shall enter into force thirty days after the date of deposit of the sixth instrument of ratification, acceptance, or approval as between those Signatories that have deposited their respective instruments of ratification, acceptance, or approval.
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	===Footnote 12===		===Footnote 12===
	For instance, without prejudice to a Party's law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder.		For instance, without prejudice to a Party's law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder.
			===Footnote 13===
			For the purposes of this Article, technological measures means any technology, device, or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works, performances, or phonograms, which are not authorized by authors, performers or producers of phonograms, as provided for by a Party's law. Without prejudice to the scope of copyright or related rights contained in a Party's law, technological measures shall be deemed effective where the use of protected works, performances, or phonograms is controlled by authors, performers or producers of phonograms through the application of a relevant access control or protection process, such as encryption or scrambling, or a copy control mechanism, which achieves the objective of protection.
			===Footnote 14===
			In implementing paragraphs 5 and 6, no Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as the product does not otherwise contravene its measures implementing these paragraphs.
			===Footnote 15===
			For the purposes of this Article, rights management information means:
			# information that identifies the work, the performance, or the phonogram; the author of the work, the performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance, or phonogram;
			# information about the terms and conditions of use of the work, performance, or phonogram; or
			# any numbers or codes that represent the information described in (a) and (b) above; when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or making available of a work, performance, or phonogram to the public.
			===Footnote 16===
			Australia, the Republic of Austria, '''the Kingdom of Belgium''', the Republic of Bulgaria, Canada, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, '''the European Union''', the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.

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	For the purposes of this Agreement, unless otherwise specified:		For the purposes of this Agreement, unless otherwise specified:
	# ACTA means the Anti-Counterfeiting Trade Agreement;		# ACTA means the Anti-Counterfeiting Trade Agreement;
	# Committee means the ACTA Committee established under Chapter V (Institutional Arrangements);		# Committee means the ACTA Committee established under [[#Institutional Arrangements\|Chapter V]] (Institutional Arrangements);
	# competent authorities includes the appropriate judicial, administrative, or law enforcement authorities under a Party's law;		# competent authorities includes the appropriate judicial, administrative, or law enforcement authorities under a Party's law;
	# counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country in which the procedures set forth in Chapter II (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;		# counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country in which the procedures set forth in [[#Legal Framework for Enforcement of Intellectual Property Rights\|Chapter II]] (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;
	# country is to be understood to have the same meaning as that set forth in the Explanatory Notes to the WTO Agreement;		# country is to be understood to have the same meaning as that set forth in the Explanatory Notes to the WTO Agreement;
	# customs transit means the customs procedure under which goods are transported under customs control from one customs office to another;		# customs transit means the customs procedure under which goods are transported under customs control from one customs office to another;
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	# in-transit goods means goods under customs transit or transhipment;		# in-transit goods means goods under customs transit or transhipment;
	# person means a natural person or a legal person;		# person means a natural person or a legal person;
	# pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country in which the procedures set forth in Chapter II (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;		# pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country in which the procedures set forth in [[#Legal Framework for Enforcement of Intellectual Property Rights\|Chapter II]] (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;
	# right holder includes a federation or an association having the legal standing to assert rights in intellectual property;		# right holder includes a federation or an association having the legal standing to assert rights in intellectual property;
	# territory, for the purposes of [[#Border Measures\|Section 3]] (Border Measures) of [[#Legal Framework for Enforcement of Intellectual Property Rights\|Chapter II]] (Legal Framework for Enforcement of Intellectual Property Rights), means the customs territory and all [[#Footnote 1\|free zones]] of a Party;		# territory, for the purposes of [[#Border Measures\|Section 3]] (Border Measures) of [[#Legal Framework for Enforcement of Intellectual Property Rights\|Chapter II]] (Legal Framework for Enforcement of Intellectual Property Rights), means the customs territory and all [[#Footnote 1\|free zones]] of a Party;
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	# WTO means the World Trade Organization;		# WTO means the World Trade Organization;
	# WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.		# WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.

	=Legal Framework for Enforcement of Intellectual Property Rights=		=Legal Framework for Enforcement of Intellectual Property Rights=
	==General Obligations==		==General Obligations==