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Consolidated Text
Prepared for Public Release
Anti-Counterfeiting Trade Agreement
PUBLIC Predecisional/Deliberative Draft:
April 2010
This draft text does not identify participants\u2019
positions in respect of square bracketed options.
2
CHAPTER ONE
INITIAL PROVISIONS AND DEFINITIONS
[1: Section A: Initial Provisions
ARTICLE 1.1: RELATION TO OTHER AGREEMENTS

Nothing in this Agreement shall derogate from any international obligation of a Party with respect to any other Party under existing agreements to which both Parties are party.

ARTICLE 1.2: NATURE ANDSCOPE OFOBLIGATIONS2
1.

Members shall give effect to the provisions of this Agreement. A Party may implement in its domestic law more extensive protection and enforcement of intellectual property rights than is required by this Agreement, provided that such protection and enforcement does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their 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.

ARTICLE 1.3: RELATION TO STANDARDS CONCERNING AVAILABILITY AND SCOPE OF
INTELLECTUAL PROPERTY RIGHTS
1.

This Agreement shall be without prejudice to provisions governing the availability, acquisition, scope, and maintenance of intellectual property rights contained in a Party\u2019s law.

2.

It is understood that this Agreement does not create any obligation on a Party to apply measures where a right in intellectual property is not protected under the laws and regulations of that Party.

ARTICLE1.4: PRIVACY AND DISCLOSURE OF INFORMATION
[A suitable provision needs to be drafted that would ensure nothing in the Agreement
detracts from national legislation regarding protection of personal privacy. In the same
1 This Section A has been proposed as an initial discussion draft, to receive detailed reactions at the next
Round.
2 Negotiator\u2019s Note: Provisions on transitional arrangements (i.e., entry into force) and application to
prior acts will be included in Chapter 6.
3
way, a suitable provision needs to be drafted regarding disclosure of commercial
information]
[Section B3: General Definitions
ARTICLE 1.X: DEFINITIONS
For purposes of this Agreement, unless otherwise specified:
days means calendar days;
intellectual property refers to all categories of intellectual property that are the subject
of Sections 1 through 7 of Part II of the Agreement on Trade-Related Aspects of
Intellectual Property Rights.

Council means the ACTA Oversight Council established under Chapter Five;
measure includes any law, regulation, procedure, requirement, or practice;
person means either a natural person or a juridical person;

right holder includes a federation or an association having the legal standing and

authority to assert rights in intellectual property, and also includes a person that exclusively has any one or more of the intellectual property rights encompassed in a given intellectual property;

territory means customs territory of a Party and all free trade zones of that Party;
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual
Property Rights, contained in Annex 1C to the WTO Agreement;4
WTO means the World Trade Organization; and
WTO Agreement means the Marrakesh Agreement Establishing the World Trade
Organization, done on April 15, 1994.
3 Section B of the Initial Provisions is still to be discussed.
4For greater certainty, \u201cTRIPS Agreement\u201d includes any waiver in force between the Parties of any
provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

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