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CONSOLIDATED TEXT
REFLECTS CHANGES MADE DURING THE SEPTEMBER 2010 TOKYO ROUND
CONSOLIDATED TEXT
REFLECTS CHANGES MADE DURING SEPTEMBER 2010 TOKYO ROUND
 
Consolidated Text
Anti-Counterfeiting Trade Agreement
Informal Predecisional/Deliberative Draft:2 October 2010
This text reflects the outcome of the 11th and final round of the negotiations held inTokyo. Some delegations expressed reservation on specific parts of text, which arehighlighted in the text by underlines and italic letters.
 
 
2
The Parties to this Agreement, Noting 
, that effective enforcement of intellectual property rights is critical to sustainingeconomic growth across all industries and globally;
 Further Noting 
that the proliferation of counterfeit and pirated goods as well as the proliferation of services that distribute infringing material, undermines legitimate tradeand the sustainable development of the world economy, causes significant financiallosses for right holders and for legitimate businesses, and in some cases, provides asource of revenue for organized crime and otherwise poses risks to the public;
 Desiring 
to combat such proliferation through enhanced international cooperation andthrough more effective international enforcement;
 Intending 
to provide effective and appropriate means, complementing the TRIPS Agreement, for the enforcement of intellectual property rights, taking into accountdifferences in their respective legal systems and practices; 
 Desiring 
to ensure that measures and procedures to enforce intellectual property rightsdo not themselves become barriers to legitimate trade;
 Desiring 
to address the problem of infringement of intellectual property rights,including that which takes place in the digital environment, and with respect tocopyright or related rights in particular in a manner that balances the rights andinterests of the relevant right holders, service providers and users;
 Desiring 
to promote cooperation between service providers and rights holders withrespect to relevant infringements in the digital environment;
 Desiring 
that ACTA operate in a manner mutually supportive of internationalenforcement work and cooperation conducted within relevant internationalorganizations; and
 Recognizing 
the principles set out in the Doha Declaration on the TRIPS Agreement andPublic Health, adopted on November 14, 2001, by the WTO at the Fourth WTOMinisterial Conference, held in Doha, Qatar;Agree as follows:
 
3
C
HAPTER 
O
NE
 
I
NITIAL
P
ROVISIONS AND
D
EFINITIONS
 Section A: Initial Provisions
A
RTICLE
1.1:
 
R 
ELATION TO
O
THER 
A
GREEMENTS
  Nothing in this Agreement shall derogate from any obligation of a Party withrespect to any other Party under existing agreements, including the WTO Agreement onTrade-Related Aspects of Intellectual Property Rights.A
RTICLE
1.2:
 
 N
ATURE AND
S
COPE OF
O
BLIGATIONS
1. Each Party shall give effect to the provisions of this Agreement. A Party mayimplement in its domestic law more extensive enforcement of intellectual propertyrights than is required by this Agreement, provided that such enforcement does notcontravene the provisions of this Agreement. Each Party shall be free to determine theappropriate method of implementing the provisions of this Agreement within its ownlegal 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.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.A
RTICLE
1.3:
 
R 
ELATION TO
S
TANDARDS CONCERNING THE
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. This Agreement does not create any obligation on a Party to apply measureswhere a right in intellectual property is not protected under the laws and regulations of that Party.
 
A
RTICLE
1.4:
 
P
RIVACY AND
D
ISCLOSURE OF
I
 NFORMATION
 1. Nothing in this Agreement shall require any Party to disclose:(a) information the disclosure of which would be contrary to its law or itsinternational agreements, including laws protecting right of privacy,
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