Acta

CONSOLIDATED TEXT
REFLECTS CHANGES MADE DURING THE 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 in Tokyo. Some delegations expressed reservation on specific parts of text, which are highlighted in the text byunderlines and italic letters.

CONSOLIDATED TEXT
REFLECTS CHANGES MADE DURING SEPTEMBER 2010 TOKYO ROUND

The Parties to this Agreement, Noting, that effective enforcement of intellectual property rights is critical to sustaining economic growth across all industries and globally; Further Noting that the proliferation of counterfeit and pirated goods as well as the proliferation ofservices that distribute infringing material, undermines legitimate trade and the sustainable development of the world economy, causes significant financial losses for right holders and for legitimate businesses, and in some cases, provides a source 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 account differences in their respective legal systems and practices; Desiring to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers tolegitimate trade; Desiring to address the problem of infringement of intellectual property rights, including that which takes place in the digital environment, and with respect to copyright or related rights in particular in a manner that balances the rights and interests of the relevant right holders, service providers and users; Desiring to promote cooperation between service providers and rightsholders with respect to relevant infringements in the digital environment; Desiring that ACTA operate in a manner mutually supportive of international enforcement work and cooperation conducted within relevant international organizations; and Recognizing the principles set out in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on November 14, 2001, by the WTO at the FourthWTO Ministerial Conference, held in Doha, Qatar; Agree as follows:

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CHAPTER ONE INITIAL PROVISIONS AND DEFINITIONS Section A: Initial Provisions ARTICLE 1.1: RELATION TO OTHER AGREEMENTS Nothing in this Agreement shall derogate from any obligation of a Party with respect to any other Party under existing agreements, including the WTO Agreement on Trade-Related Aspects of IntellectualProperty Rights. ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS 1. Each Party shall give effect to the provisions of this Agreement. A Party may implement in its domestic law more extensive enforcement of intellectual property rights than is required by this Agreement, provided that such enforcement does not contravene the provisions of this Agreement. Each Party shall be free to determine the appropriatemethod of implementing the provisions of this Agreement within its 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. 3. The objectives and principles set forth in Part I of the TRIPS Agreement, in particular in Articles 7 and 8shall apply, mutatis mutandis, to this Agreement. ARTICLE 1.3: RELATION TO STANDARDS CONCERNING THE 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. This Agreement does not create any obligation on a Party to...