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European Union Anti-Counterfeiting Trade Agreement (ACTA) Draft Release 4/2010

European Union Anti-Counterfeiting Trade Agreement (ACTA) Draft Release 4/2010

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Published by legalmatters
A draft of the European Union's pending copyright treaty, released 21 April 2010
A draft of the European Union's pending copyright treaty, released 21 April 2010

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Published by: legalmatters on Apr 21, 2010
Copyright:Attribution Non-commercial

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10/21/2012

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Consolidated TextPrepared for Public Release
Anti-Counterfeiting Trade Agreement
PUBLIC Predecisional/Deliberative Draft:April 2010This draft text does not identify participants’positions in respect of square bracketed options.
 
 2
C
HAPTER
O
NE
 
I
NITIAL
P
ROVISIONS AND
D
EFINITIONS
 [
1
: Section A: Initial Provisions
A
RTICLE
1.1:
 
R
ELATION TO
O
THER
A
GREEMENTS
 Nothing in this Agreement shall derogate from any international obligation of aParty with respect to any other Party under existing agreements to which both Partiesare party.A
RTICLE
1.2:
 
N
ATURE AND
S
COPE OF
O
BLIGATIONS
2
 
1. Members shall give effect to the provisions of this Agreement. A Party mayimplement in its domestic law more extensive protection and enforcement of intellectualproperty rights than is required by this Agreement, provided that such protection andenforcement does not contravene the provisions of this Agreement. Members shall befree to determine the appropriate method of implementing the provisions of thisAgreement within their own legal system and practice.2. Nothing in this Agreement creates any obligation with respect to the distributionof resources as between enforcement of intellectual property rights and enforcement of law in general.A
RTICLE
1.3:
 
R
ELATION TO
S
TANDARDS CONCERNING
A
VAILABILITY AND
S
COPE OF
I
NTELLECTUAL
P
ROPERTY
R
IGHTS
 1. This Agreement shall be without prejudice to provisions governing theavailability, acquisition, scope, and maintenance of intellectual property rightscontained in a Party’s law.2. It is understood that this Agreement does not create any obligation on a Party toapply measures where a right in intellectual property is not protected under the laws andregulations of that Party.
 
A
RTICLE
1.4:
PRIVACY AND DISCLOSURE OF INFORMATION
 [A suitable provision needs to be drafted that would ensure nothing in the Agreementdetracts 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 nextRound.
2
Negotiator’s Note: Provisions on transitional arrangements (i.e., entry into force) and application toprior acts will be included in Chapter 6.
 
 3way, a suitable provision needs to be drafted regarding disclosure of commercialinformation]
[Section B
3
: General Definitions
A
RTICLE
1.X:
 
D
EFINITIONS
 For purposes of this Agreement, unless otherwise specified:
days
means calendar days;
intellectual property
refers to all categories of intellectual property that are the subjectof 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 andauthority to assert rights in intellectual property, and also includes a person thatexclusively has any one or more of the intellectual property rights encompassed in agiven 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 IntellectualProperty 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 TradeOrganization
, done on April 15, 1994.
3
Section B of the Initial Provisions is still to be discussed.
4
For greater certainty, “TRIPS Agreement” includes any waiver in force between the Parties of anyprovision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

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