ACTA

Initial Provisions and General Definitions

Initial Provisions

Article 1: Relation to Other Agreements

Nothing in this Agreement shall derogate from any obligation of a Party with respect to any other Party under existing agreements, including the TRIPS Agreement.

Article 2: Nature and Scope of Obligations

1. 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.
2. 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.
3. 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.

Article 3: Relation to Standards concerning the Availability and Scope of Intellectual Property Rights

1. This Agreement shall be without prejudice to provisions in a Party's law governing the availability, acquisition, scope, and maintenance of intellectual property rights.
2. This Agreement does not create any obligation on a Party to apply measures where a right in intellectual property is not protected under its laws and regulations.

Article 4: Privacy and Disclosure of Information

1. Nothing in this Agreement shall require a Party to disclose:
   1. information, the disclosure of which would be contrary to its law, including laws protecting privacy rights, or international agreements to which it is party;
   2. confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest; or
   3. confidential information, the disclosure of which would prejudice the legitimate commercial interests of particular enterprises, public or private.
   4. When a Party provides written information pursuant to the provisions of this Agreement, the Party receiving the information shall, subject to its law and practice, refrain from disclosing or using the information for a purpose other than that for which the information was provided, except with the prior consent of the Party providing the information.