Anti-Counterfeiting Trade Agreement
PUBLIC Predecisional/Deliberative Draft: April 2010 This draft text does not identify participants’ positions in respect of square bracketed options.
CHAPTER ONE INITIAL PROVISIONS AND DEFINITIONS [ 1 : Section A: Initial Provisions ARTICLE 1.1: RELATION TO OTHER AGREEMENTS Nothing in this Agreementshall 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 AND SCOPE OF OBLIGATIONS 2 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 bythis 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 ofintellectual 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’s law. 2. It is understood that this Agreement does not create anyobligation on a Party to apply measures where a right in intellectual property is not protected under the laws and regulations of that Party. ARTICLE 1.4:
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
This Section A has beenproposed as an initial discussion draft, to receive detailed reactions at the next Round.
Negotiator’s Note: Provisions on transitional arrangements (i.e., entry into force) and application to prior acts will be included in Chapter 6.
way, a suitable provision needs to be drafted regarding disclosure of commercial information] [Section B 3 : 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 meanscustoms 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.
Section B of the InitialProvisions is still to be discussed.
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.
CHAPTER TWO LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS [General Obligations 5 ARTICLE 2.X: GENERAL OBLIGATIONS WITH RESPECT TO...