ACTA_NetCoalition

0

P

ROPOSED

C

HANGES TO

A

PRIL

20

D

RAFT OF

A

NTI

-C

OUNTERFEITING

T

RADE

A

GREEMENT

June 14, 2010

Endorsers (alphabetical order)

American Association of Law Libraries (AALL)American Library Association (ALA)Association of Research Libraries (ARL)Center for Democracy & Technology (CDT)Computer & Communications Industry Association (CCIA)Consumer Electronics Association (CEA)Home Recording Rights Coalition (HRRC) NetCoalitionPublic KnowledgeSpecial Libraries Association (SLA)

1

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.

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 a Partywith respect to any other Party under existing agreements to which both Parties are 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 may implementin its domestic law more extensive protection and enforcement of intellectual propertyrights than is required by this Agreement, provided that such protection and enforcementdoes not contravene the provisions of this Agreement. Members shall be free todetermine the appropriate method of implementing the provisions of this Agreementwithin 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 lawin general.A

RTICLE

1.3: R

ELATION TO

S

TANDARDS CONCERNING

A

VAILABILITY AND

S

COPE OF

Intellectual Property R

IGHTS

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

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 to prior acts will be included in Chapter 6.

22. It is understood that this Agreement does not create any obligation on a Party to applymeasures 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 sameway, 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 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

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 any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.