ACTA, Big Brotherul internetului

Conversațiile de pe  Messenger vor fi urmărite fără mandat din partea vreunui magistrat, mailurile noastre vor fi cenzurate, fișierele de orice tip verificate. Nu e vorba de romanul ,,1984” al lui Orwell, nici realitățile cotidiene din Iran ci, viitorul Internetului în Uniunea Europeană democratică și pașnică.

Tratatul ACTA a fost semnat bineînțeles în secret, la Tokio de către marile puteri ale lumii și 22 de țări membre UE. Dintre semnatari, nu putea lipsi România. Doar trăim în țara unde SRI-ul ascultă anual peste 200 de mii de telefoane, are 16 mii de angajați și buget majorat de la an la an.

În buna lor intenție de a stopa pirateria în domeniul IT, de a opri producția de bunuri contrafăcute, punând accent mai ales pe un exemplu sensibil – medicamentele, semnatarii ACTA bagă sub preș efectele abuzive pe care le generează acest tratat. Providerul de Internet îți poate monitoriza toate siteurile accesate, te poate amenda pentru muzica adunată de pe torrent, sau închide pe motiv că trilogia ,,Nașul” n-o ai plătită. Practic, viața ce-o petrecem în fața calculatorului ne va fi monitorizată complet. Tot ce ai într-un smartphone devine desigur obiect de cercetare, de la sms-uri, la filmulețele făcute instant pe stradă. Gândiți-vă ce s-ar fi întâmplat dacă acest acord era în vigoare în momentele de protest din și-așa parțial-liberul stat,  România. Scrieți pe blog, postarea vă e pe loc blocată, iar voi arestați sau cel puțin bine amendați. Vă trece prin cap să chemați pe Facebook sau Twitter lumea la protest? nu-i nimic, Ochiul și Timpanul sunt online, și vă taie accesul la net. Jandarmi surprinși cu telefonul că bat protestatari? nicio problemă, acea secvență nu mai ajunge nicăieri, deoarece va fi ștearsă de la distanță imediat.

Nu se verifică doar dacă produsele software sunt licențiate, ci și viețile noastre dacă sunt conforme cu directivele Regimului. Îmi revine în minte lozinca ,,Noi muncim, nu gândim!” dintr-o epocă pe care-o credeam cu toții demult apusă. Revoltător este nu numai faptul că tratatul a fost semnat în secret, fără vreun vot popular sau măcar dezbatere publică, ci că ACTA este elaborată la nivel planetar de niște indivizi nealeși democratic. Organul de conducere – Comitetul ACTA, este în afara oricăror instituții internaționale existente (ONU, Organizația Mondială a Comerțului), dar își impune prevederile în toată lumea civilizată.

La nivelul UE, 5 țări au refuzat să semneze tratatul: Germania, Olanda,  Cipru, Estonia și Slovacia. În celelalte 22, mai e nevoie doar de acordul Parlamentului European pentru ca el să aibă efect. Dacă până acum zâmbeam la Patriot Act-ul american sau la cenzura chineză a internetului pe ,,Goagăl”, se pare că și nea Ion va avea parte de același tratament.

Aceeași Uniune Europeană are stipulate în Carta Fundamentală a Drepturilor Omului următoarele:  Articolul 6-Dreptul la libertate şi la siguranţă. Orice persoană are dreptul la libertate şi la siguranţă.  Articolul 7 – Respectarea vieţii private şi de familie.Orice persoană are dreptul la respectarea vieţii private şi de familie, a domiciliului şi a secretului comunicaţiilor. Trăim oare într-o țară liberă?

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4 comments

  1. Suntem cu un pas mai aproape de marea manipulare impusa de NWO sub pretextul stoparii pirateriei digitale. Trebuie sa ne mobilizam sa impiedicam aceasta mascarada sa aratam ca nu putem fi manipulati si condusi ca niste mascarici. Inca nu este prea tarziu. Chiar daca nu avem landemana resursele lor financiare cu care subjuga majoritatea statelor lumii, avem un avantaj – suntem mult mai multi decat ei cu vreo 7 miiliarde de suflete multi dintre noi inca liberi si constienti de ceea ce ni se intampla.

  2. I: Deci trebuie sa-i expunem public, sa aratam cine sunt Bilderbergii.

    R: Cazul Strauss-Kahn este o oportunitate de a arata cine sunt si cum sunt. Sunt corupti, cu minti bolnave, plini de vicii pe care le ascund sub pulpana ordinului lor. Unii sunt ca Strass-Kahn, violatori, altii sunt sado masochisti, altii pedofili si multi sunt satanisti. Uitati-va la simbolurile sataniste pe care le afiseaza unele banci, inclusiv Rothschild Bank din Zurich. Oamenii acestia sunt santajabili din cauza slabiciunilor lor. Trebuie sa urmeze strict ordine si cine vrea sa iasa din rand, imediat sunt expusi, cu reputatia distrusa sau chiar ucisi. Strauss-Kahn, de exemplu –din cauza viziunilor lui socialiste – putea s-o pateasca si mai rau, putea sa fie ucis!

    I: Daca Ackermann este un factor de decizie in comitetul Bilderbergilor, credeti ca e implicat in astfel de actiuni?

    R: Da, dar nu numai el. Mai sunt multi altii, ca de exemplu Christine Lagarde, care va fi, probabil, viitoarea sefa a FMI. Si ea este membra Bilderberg, ca si Sarkozy si Obama. Planul lor actual este cenzurarea internetului, care este liber si prin care circula adevarul despre obiectivele lor. Pe motivul ca este utilizat de teroristi sa-si transmita mesaje, vor ajunge sa controleze si internetul. Sau cine stie ce atrocitate inventeaza ca sa realizeze acest plan.

    I: De asta va e tema.

    R: Nu e vorba doar de teama. Oamenii astia nu au scrupule in a da ordine de asasinare. Daca vor avea senzatia ca pierd controlul, asa cum se intampla din cauza opozitiei fata de FMI a populatiei din Grecia si Spania si posibil in curand si in Italia, nu vor ezita sa inventeze o noua „retea Gladio”. Am fost aproape si de aceasta retea. Instiga la terorism si sponsoriza grupuri teroriste, pentru a controla guvernele din state europene, precum Italia, unde uciderea lui Aldo Moro a fost platita prin sistemul pe care ti l-am descris.

  3. Anti-Counterfeiting Trade Agreement
    E-1
    The Parties to this Agreement,
    Noting that effective enforcement of intellectual property rights is critical to sustaining
    economic growth across all industries and globally;
    Noting further that the proliferation of counterfeit and pirated goods, as well as of
    services that distribute infringing material, undermines legitimate trade and 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 and
    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 to legitimate trade;
    Desiring to address the problem of infringement of intellectual property rights,
    including infringement taking place in the digital environment, in particular with respect
    to copyright or related rights, 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 right holders to address
    relevant infringements in the digital environment;
    Desiring that this Agreement operates in a manner mutually supportive of international
    enforcement work and cooperation conducted within relevant international
    organizations;
    Recognizing the principles set forth in the Doha Declaration on the TRIPS Agreement
    and Public Health, adopted on 14 November 2001, at the Fourth WTO Ministerial
    Conference;
    Hereby agree as follows:
    E-2
    CHAPTER I
    INITIAL PROVISIONS AND GENERAL DEFINITIONS
    Section 1: Initial Provisions
    ARTICLE 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 TRIPS Agreement.
    ARTICLE 2: NATURE AND SCOPE OF OBLIGATIONS
    1. Each Party shall give effect to the provisions of this Agreement. A Party may
    implement in its 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 appropriate
    method 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 8, shall apply, mutatis mutandis, to this Agreement.
    ARTICLE 3: RELATION TO STANDARDS CONCERNING THE AVAILABILITY AND SCOPE OF
    INTELLECTUAL PROPERTY RIGHTS
    1. This Agreement shall be without prejudice to provisions in a Party’s law
    governing the availability, acquisition, scope, and maintenance of intellectual property
    rights.
    2. This Agreement does not create any obligation on a Party to apply measures
    where a right in intellectual property is not protected under its laws and regulations.
    ARTICLE 4: PRIVACY AND DISCLOSURE OF INFORMATION
    1. Nothing in this Agreement shall require a Party to disclose:
    (a) information, the disclosure of which would be contrary to its law,
    including laws protecting privacy rights, or international agreements to
    E-3
    which it is party;
    (b) confidential information, the disclosure of which would impede law
    enforcement or otherwise be contrary to the public interest; or
    (c) confidential information, the disclosure of which would prejudice the
    legitimate commercial interests of particular enterprises, public or private.
    2. When a Party provides written information pursuant to the provisions of this
    Agreement, the Party receiving the information shall, subject to its law and practice,
    refrain from disclosing or using the information for a purpose other than that for which
    the information was provided, except with the prior consent of the Party providing the
    information.
    Section 2: General Definitions
    ARTICLE 5: GENERAL DEFINITIONS
    For the purposes of this Agreement, unless otherwise specified:
    (a) ACTA means the Anti-Counterfeiting Trade Agreement;
    (b) Committee means the ACTA Committee established under Chapter V
    (Institutional Arrangements);
    (c) competent authorities includes the appropriate judicial, administrative,
    or law enforcement authorities under a Party’s law;
    (d) counterfeit trademark goods means any goods, including packaging,
    bearing without authorization a trademark which is identical to the
    trademark validly registered in respect of such goods, or which cannot be
    distinguished in its essential aspects from such a trademark, and which
    thereby infringes the rights of the owner of the trademark in question
    under the law of the country in which the procedures set forth in Chapter
    II (Legal Framework for Enforcement of Intellectual Property Rights) are
    invoked;
    (e) country is to be understood to have the same meaning as that set forth in
    the Explanatory Notes to the WTO Agreement;
    (f) customs transit means the customs procedure under which goods are
    transported under customs control from one customs office to another;
    (g) days means calendar days;
    (h) intellectual property refers to all categories of intellectual property that
    E-4
    are the subject of Sections 1 through 7 of Part II of the TRIPS
    Agreement;
    (i) in-transit goods means goods under customs transit or transhipment;
    (j) person means a natural person or a legal person;
    (k) pirated copyright goods means any goods which are copies made
    without the consent of the right holder or person duly authorized by the
    right holder in the country of production and which are made directly or
    indirectly from an article where the making of that copy would have
    constituted an infringement of a copyright or a related right under the law
    of the country in which the procedures set forth in Chapter II (Legal
    Framework for Enforcement of Intellectual Property Rights) are invoked;
    (l) right holder includes a federation or an association having the legal
    standing to assert rights in intellectual property;
    (m) territory, for the purposes of Section 3 (Border Measures) of Chapter II
    (Legal Framework for Enforcement of Intellectual Property Rights),
    means the customs territory and all free zones1 of a Party;
    (n) transhipment means the customs procedure under which goods are
    transferred under customs control from the importing means of transport
    to the exporting means of transport within the area of one customs office
    which is the office of both importation and exportation;
    (o) TRIPS Agreement means the Agreement on Trade-Related Aspects of
    Intellectual Property Rights, contained in Annex 1C to the WTO
    Agreement;
    (p) WTO means the World Trade Organization; and
    (q) WTO Agreement means the Marrakesh Agreement Establishing the
    World Trade Organization, done on 15 April 1994.
    CHAPTER II
    LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
    Section 1: General Obligations
    1 For greater certainty, the Parties acknowledge that free zone means a part of the territory of a Party
    where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as
    being outside the customs territory.
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    ARTICLE 6: GENERAL OBLIGATIONS WITH RESPECT TO ENFORCEMENT
    1. Each Party shall ensure that enforcement procedures are available under its law
    so as to permit effective action against any act of infringement of intellectual property
    rights covered by this Agreement, including expeditious remedies to prevent
    infringements and remedies which constitute a deterrent to further infringements. These
    procedures shall be applied in such a manner as to avoid the creation of barriers to
    legitimate trade and to provide for safeguards against their abuse.
    2. Procedures adopted, maintained, or applied to implement the provisions of this
    Chapter shall be fair and equitable, and shall provide for the rights of all participants
    subject to such procedures to be appropriately protected. These procedures shall not be
    unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted
    delays.
    3. In implementing the provisions of this Chapter, each Party shall take into
    account the need for proportionality between the seriousness of the infringement, the
    interests of third parties, and the applicable measures, remedies and penalties.
    4. No provision of this Chapter shall be construed to require a Party to make its
    officials subject to liability for acts undertaken in the performance of their official duties.
    Section 2: Civil Enforcement2
    ARTICLE 7: AVAILABILITY OF CIVIL PROCEDURES
    1. Each Party shall make available to right holders civil judicial procedures
    concerning the enforcement of any intellectual property right as specified in this Section.
    2. To the extent that any civil remedy can be ordered as a result of administrative
    procedures on the merits of a case, each Party shall provide that such procedures shall
    conform to principles equivalent in substance to those set forth in this Section.
    ARTICLE 8: INJUNCTIONS
    1. Each Party shall provide that, in civil judicial proceedings concerning the
    enforcement of intellectual property rights, its judicial authorities have the authority to
    issue an order against a party to desist from an infringement, and inter alia, an order to
    that party or, where appropriate, to a third party over whom the relevant judicial
    authority exercises jurisdiction, to prevent goods that involve the infringement of an
    intellectual property right from entering into the channels of commerce.
    2 A Party may exclude patents and protection of undisclosed information from the scope of this Section.
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    2. Notwithstanding the other provisions of this Section, a Party may limit the
    remedies available against use by governments, or by third parties authorized by a
    government, without the authorization of the right holder, to the payment of
    remuneration, provided that the Party complies with the provisions of Part II of the
    TRIPS Agreement specifically addressing such use. In other cases, the remedies under
    this Section shall apply or, where these remedies are inconsistent with a Party’s law,
    declaratory judgments and adequate compensation shall be available.
    ARTICLE 9: DAMAGES
    1. Each Party shall provide that, in civil judicial proceedings concerning the
    enforcement of intellectual property rights, its judicial authorities have the authority to
    order the infringer who, knowingly or with reasonable grounds to know, engaged in
    infringing activity to pay the right holder damages adequate to compensate for the
    injury the right holder has suffered as a result of the infringement. In determining the
    amount of damages for infringement of intellectual property rights, a Party’s judicial
    authorities shall have the authority to consider, inter alia, any legitimate measure of
    value the right holder submits, which may include lost profits, the value of the infringed
    goods or services measured by the market price, or the suggested retail price.
    2. At least in cases of copyright or related rights infringement and trademark
    counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial
    authorities have the authority to order the infringer to pay the right holder the infringer’s
    profits that are attributable to the infringement. A Party may presume those profits to
    be the amount of damages referred to in paragraph 1.
    3. At least with respect to infringement of copyright or related rights protecting
    works, phonograms, and performances, and in cases of trademark counterfeiting, each
    Party shall also establish or maintain a system that provides for one or more of the
    following:
    (a) pre-established damages; or
    (b) presumptions 3 for determining the amount of damages sufficient to
    compensate the right holder for the harm caused by the infringement; or
    (c) at least for copyright, additional damages.
    4. Where a Party provides the remedy referred to in subparagraph 3(a) or the
    3 The presumptions referred to in subparagraph 3(b) may include a presumption that the amount of
    damages is: (i) the quantity of the goods infringing the right holder’s intellectual property right in
    question and actually assigned to third persons, multiplied by the amount of profit per unit of goods
    which would have been sold by the right holder if there had not been the act of infringement; or (ii) a
    reasonable royalty; or (iii) a lump sum on the basis of elements such as at least the amount of royalties or
    fees which would have been due if the infringer had requested authorization to use the intellectual
    property right in question.
    E-7
    presumptions referred to in subparagraph 3(b), it shall ensure that either its judicial
    authorities or the right holder has the right to choose such a remedy or presumptions as
    an alternative to the remedies referred to in paragraphs 1 and 2.
    5. Each Party shall provide that its judicial authorities, where appropriate, have the
    authority to order, at the conclusion of civil judicial proceedings concerning
    infringement of at least copyright or related rights, or trademarks, that the prevailing
    party be awarded payment by the losing party of court costs or fees and appropriate
    attorney’s fees, or any other expenses as provided for under that Party’s law.
    ARTICLE 10: OTHER REMEDIES
    1. At least with respect to pirated copyright goods and counterfeit trademark goods,
    each Party shall provide that, in civil judicial proceedings, at the right holder’s request,
    its judicial authorities have the authority to order that such infringing goods be
    destroyed, except in exceptional circumstances, without compensation of any sort.
    2. Each Party shall further provide that its judicial authorities have the authority to
    order that materials and implements, the predominant use of which has been in the
    manufacture or creation of such infringing goods, be, without undue delay and without
    compensation of any sort, destroyed or disposed of outside the channels of commerce in
    such a manner as to minimize the risks of further infringements.
    3. A Party may provide for the remedies described in this Article to be carried out
    at the infringer’s expense.
    ARTICLE 11: INFORMATION RELATED TO INFRINGEMENT
    Without prejudice to its law governing privilege, the protection of
    confidentiality of information sources, or the processing of personal data, each Party
    shall provide that, in civil judicial proceedings concerning the enforcement of
    intellectual property rights, its judicial authorities have the authority, upon a justified
    request of the right holder, to order the infringer or, in the alternative, the alleged
    infringer, to provide to the right holder or to the judicial authorities, at least for the
    purpose of collecting evidence, relevant information as provided for in its applicable
    laws and regulations that the infringer or alleged infringer possesses or controls. Such
    information may include information regarding any person involved in any aspect of the
    infringement or alleged infringement and regarding the means of production or the
    channels of distribution of the infringing or allegedly infringing goods or services,
    including the identification of third persons alleged to be involved in the production and
    distribution of such goods or services and of their channels of distribution.
    ARTICLE 12: PROVISIONAL MEASURES
    1. Each Party shall provide that its judicial authorities have the authority to order
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    prompt and effective provisional measures:
    (a) against a party or, where appropriate, a third party over whom the
    relevant judicial authority exercises jurisdiction, to prevent an
    infringement of any intellectual property right from occurring, and in
    particular, to prevent goods that involve the infringement of an
    intellectual property right from entering into the channels of commerce;
    (b) to preserve relevant evidence in regard to the alleged infringement.
    2. Each Party shall provide that its judicial authorities have the authority to adopt
    provisional measures inaudita altera parte where appropriate, in particular where any
    delay is likely to cause irreparable harm to the right holder, or where there is a
    demonstrable risk of evidence being destroyed. In proceedings conducted inaudita
    altera parte, each Party shall provide its judicial authorities with the authority to act
    expeditiously on requests for provisional measures and to make a decision without
    undue delay.
    3. At least in cases of copyright or related rights infringement and trademark
    counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial
    authorities have the authority to order the seizure or other taking into custody of suspect
    goods, and of materials and implements relevant to the act of infringement, and, at least
    for trademark counterfeiting, documentary evidence, either originals or copies thereof,
    relevant to the infringement.
    4. Each Party shall provide that its authorities have the authority to require the
    applicant, with respect to provisional measures, to provide any reasonably available
    evidence in order to satisfy themselves with a sufficient degree of certainty that the
    applicant’s right is being infringed or that such infringement is imminent, and to order
    the applicant to provide a security or equivalent assurance sufficient to protect the
    defendant and to prevent abuse. Such security or equivalent assurance shall not
    unreasonably deter recourse to procedures for such provisional measures.
    5. Where the provisional measures are revoked or where they lapse due to any act
    or omission by the applicant, or where it is subsequently found that there has been no
    infringement of an intellectual property right, the judicial authorities shall have the
    authority to order the applicant, upon request of the defendant, to provide the defendant
    appropriate compensation for any injury caused by these measures.
    Section 3: Border Measures4, 5
    4 Where a Party has dismantled substantially all controls over movement of goods across its border with
    another Party with which it forms part of a customs union, it shall not be required to apply the provisions
    of this Section at that border.
    5 It is understood that there shall be no obligation to apply the procedures set forth in this Section to
    goods put on the market in another country by or with the consent of the right holder.
    E-9
    ARTICLE 13: SCOPE OF THE BORDER MEASURES6
    In providing, as appropriate, and consistent with its domestic system of
    intellectual property rights protection and without prejudice to the requirements of the
    TRIPS Agreement, for effective border enforcement of intellectual property rights, a
    Party should do so in a manner that does not discriminate unjustifiably between
    intellectual property rights and that avoids the creation of barriers to legitimate trade.
    ARTICLE 14: SMALL CONSIGNMENTS AND PERSONAL LUGGAGE
    1. Each Party shall include in the application of this Section goods of a commercial
    nature sent in small consignments.
    2. A Party may exclude from the application of this Section small quantities of
    goods of a non-commercial nature contained in travellers’ personal luggage.
    ARTICLE 15: PROVISION OF INFORMATION FROM THE RIGHT HOLDER
    Each Party shall permit its competent authorities to request a right holder to
    supply relevant information to assist the competent authorities in taking the border
    measures referred to in this Section. A Party may also allow a right holder to supply
    relevant information to its competent authorities.
    ARTICLE 16: BORDER MEASURES
    1. Each Party shall adopt or maintain procedures with respect to import and export
    shipments under which:
    (a) its customs authorities may act upon their own initiative to suspend the
    release of suspect goods; and
    (b) where appropriate, a right holder may request its competent authorities to
    suspend the release of suspect goods.
    2. A Party may adopt or maintain procedures with respect to suspect in-transit
    goods or in other situations where the goods are under customs control under which:
    (a) its customs authorities may act upon their own initiative to suspend the
    release of, or to detain, suspect goods; and
    6 The Parties agree that patents and protection of undisclosed information do not fall within the scope of
    this Section.
    E-10
    (b) where appropriate, a right holder may request its competent authorities to
    suspend the release of, or to detain, suspect goods.
    Article 17: APPLICATION BY THE RIGHT HOLDER
    1. Each Party shall provide that its competent authorities require a right holder that
    requests the procedures described in subparagraphs 1(b) and 2(b) of Article 16 (Border
    Measures) to provide adequate evidence to satisfy the competent authorities that, under
    the law of the Party providing the procedures, there is prima facie an infringement of
    the right holder’s intellectual property right, and to supply sufficient information that
    may reasonably be expected to be within the right holder’s knowledge to make the
    suspect goods reasonably recognizable by the competent authorities. The requirement
    to provide sufficient information shall not unreasonably deter recourse to the procedures
    described in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures).
    2. Each Party shall provide for applications to suspend the release of, or to detain,
    any suspect goods7 under customs control in its territory. A Party may provide for such
    applications to apply to multiple shipments. A Party may provide that, at the request of
    the right holder, the application to suspend the release of, or to detain, suspect goods
    may apply to selected points of entry and exit under customs control.
    3. Each Party shall ensure that its competent authorities inform the applicant within
    a reasonable period whether they have accepted the application. Where its competent
    authorities have accepted the application, they shall also inform the applicant of the
    period of validity of the application.
    4. A Party may provide that, where the applicant has abused the procedures
    described in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures), or where
    there is due cause, its competent authorities have the authority to deny, suspend, or void
    an application.
    ARTICLE 18: SECURITY OR EQUIVALENT ASSURANCE
    Each Party shall provide that its competent authorities have the authority to
    require a right holder that requests the procedures described in subparagraphs 1(b) and
    2(b) of Article 16 (Border Measures) to provide a reasonable security or equivalent
    assurance sufficient to protect the defendant and the competent authorities and to
    prevent abuse. Each Party shall provide that such security or equivalent assurance shall
    not unreasonably deter recourse to these procedures. A Party may provide that such
    security may be in the form of a bond conditioned to hold the defendant harmless from
    any loss or damage resulting from any suspension of the release of, or detention of, the
    7 The requirement to provide for such applications is subject to the obligations to provide procedures
    referred to in subparagraphs 1(b) and 2(b) of Article 16 (Border Measures).
    E-11
    goods in the event the competent authorities determine that the goods are not infringing.
    A Party may, only in exceptional circumstances or pursuant to a judicial order, permit
    the defendant to obtain possession of suspect goods by posting a bond or other security.
    ARTICLE 19: DETERMINATION AS TO INFRINGEMENT
    Each Party shall adopt or maintain procedures by which its competent
    authorities may determine, within a reasonable period after the initiation of the
    procedures described in Article 16 (Border Measures), whether the suspect goods
    infringe an intellectual property right.
    ARTICLE 20: REMEDIES
    1. Each Party shall provide that its competent authorities have the authority to
    order the destruction of goods following a determination referred to in Article 19
    (Determination as to Infringement) that the goods are infringing. In cases where such
    goods are not destroyed, each Party shall ensure that, except in exceptional
    circumstances, such goods are disposed of outside the channels of commerce in such a
    manner as to avoid any harm to the right holder.
    2. In regard to counterfeit trademark goods, the simple removal of the trademark
    unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit
    release of the goods into the channels of commerce.
    3. A Party may provide that its competent authorities have the authority to impose
    administrative penalties following a determination referred to in Article 19
    (Determination as to Infringement) that the goods are infringing.
    ARTICLE 21: FEES
    Each Party shall provide that any application fee, storage fee, or destruction fee
    to be assessed by its competent authorities in connection with the procedures described
    in this Section shall not be used to unreasonably deter recourse to these procedures.
    ARTICLE 22: DISCLOSURE OF INFORMATION
    Without prejudice to a Party’s laws pertaining to the privacy or confidentiality
    of information:
    (a) a Party may authorize its competent authorities to provide a right holder
    with information about specific shipments of goods, including the
    description and quantity of the goods, to assist in the detection of
    infringing goods;
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    (b) a Party may authorize its competent authorities to provide a right holder
    with information about goods, including, but not limited to, the
    description and quantity of the goods, the name and address of the
    consignor, importer, exporter, or consignee, and, if known, the country of
    origin of the goods, and the name and address of the manufacturer of the
    goods, to assist in the determination referred to in Article 19
    (Determination as to Infringement);
    (c) unless a Party has provided its competent authorities with the authority
    described in subparagraph (b), at least in cases of imported goods, where
    its competent authorities have seized suspect goods or, in the alternative,
    made a determination referred to in Article 19 (Determination as to
    Infringement) that the goods are infringing, the Party shall authorize its
    competent authorities to provide a right holder, within thirty days8 of the
    seizure or determination, with information about such goods, including,
    but not limited to, the description and quantity of the goods, the name
    and address of the consignor, importer, exporter, or consignee, and, if
    known, the country of origin of the goods, and the name and address of
    the manufacturer of the goods.
    Section 4: Criminal Enforcement
    ARTICLE 23: CRIMINAL OFFENCES
    1. Each Party shall provide for criminal procedures and penalties to be applied at
    least in cases of wilful trademark counterfeiting or copyright or related rights piracy on
    a commercial scale.9 For the purposes of this Section, acts carried out on a commercial
    scale include at least those carried out as commercial activities for direct or indirect
    economic or commercial advantage.
    2. Each Party shall provide for criminal procedures and penalties to be applied in
    cases of wilful importation 10 and domestic use, in the course of trade and on a
    commercial scale, of labels or packaging:11
    8 For the purposes of this Article, days means business days.
    9 Each Party shall treat wilful importation or exportation of counterfeit trademark goods or pirated
    copyright goods on a commercial scale as unlawful activities subject to criminal penalties under this
    Article. A Party may comply with its obligation relating to importation and exportation of counterfeit
    trademark goods or pirated copyright goods by providing for distribution, sale or offer for sale of such
    goods on a commercial scale as unlawful activities subject to criminal penalties.
    10 A Party may comply with its obligation relating to importation of labels or packaging through its
    measures concerning distribution.
    11 A Party may comply with its obligations under this paragraph by providing for criminal procedures
    and penalties to be applied to attempts to commit a trademark offence.
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    (a) to which a mark has been applied without authorization which is identical
    to, or cannot be distinguished from, a trademark registered in its territory;
    and
    (b) which are intended to be used in the course of trade on goods or in
    relation to services which are identical to goods or services for which
    such trademark is registered.
    3. A Party may provide criminal procedures and penalties in appropriate cases for
    the unauthorized copying of cinematographic works from a performance in a motion
    picture exhibition facility generally open to the public.
    4. With respect to the offences specified in this Article for which a Party provides
    criminal procedures and penalties, that Party shall ensure that criminal liability for
    aiding and abetting is available under its law.
    5. Each Party shall adopt such measures as may be necessary, consistent with its
    legal principles, to establish the liability, which may be criminal, of legal persons for the
    offences specified in this Article for which the Party provides criminal procedures and
    penalties. Such liability shall be without prejudice to the criminal liability of the natural
    persons who have committed the criminal offences.
    ARTICLE 24: PENALTIES
    For offences specified in paragraphs 1, 2, and 4 of Article 23 (Criminal
    Offences), each Party shall provide penalties that include imprisonment as well as
    monetary fines12 sufficiently high to provide a deterrent to future acts of infringement,
    consistently with the level of penalties applied for crimes of a corresponding gravity.
    ARTICLE 25: SEIZURE, FORFEITURE, AND DESTRUCTION
    1. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
    (Criminal Offences) for which a Party provides criminal procedures and penalties, that
    Party shall provide that its competent authorities have the authority to order the seizure
    of suspected counterfeit trademark goods or pirated copyright goods, any related
    materials and implements used in the commission of the alleged offence, documentary
    evidence relevant to the alleged offence, and the assets derived from, or obtained
    directly or indirectly through, the alleged infringing activity.
    2. Where a Party requires the identification of items subject to seizure as a
    prerequisite for issuing an order referred to in paragraph 1, that Party shall not require
    the items to be described in greater detail than necessary to identify them for the
    12 It is understood that there is no obligation for a Party to provide for the possibility of imprisonment
    and monetary fines to be imposed in parallel.
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    purpose of seizure.
    3. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
    (Criminal Offences) for which a Party provides criminal procedures and penalties, that
    Party shall provide that its competent authorities have the authority to order the
    forfeiture or destruction of all counterfeit trademark goods or pirated copyright goods.
    In cases where counterfeit trademark goods and pirated copyright goods are not
    destroyed, the competent authorities shall ensure that, except in exceptional
    circumstances, such goods shall be disposed of outside the channels of commerce in
    such a manner as to avoid causing any harm to the right holder. Each Party shall ensure
    that the forfeiture or destruction of such goods shall occur without compensation of any
    sort to the infringer.
    4. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
    (Criminal Offences) for which a Party provides criminal procedures and penalties, that
    Party shall provide that its competent authorities have the authority to order the
    forfeiture or destruction of materials and implements predominantly used in the creation
    of counterfeit trademark goods or pirated copyright goods and, at least for serious
    offences, of the assets derived from, or obtained directly or indirectly through, the
    infringing activity. Each Party shall ensure that the forfeiture or destruction of such
    materials, implements, or assets shall occur without compensation of any sort to the
    infringer.
    5. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
    (Criminal Offences) for which a Party provides criminal procedures and penalties, that
    Party may provide that its judicial authorities have the authority to order:
    (a) the seizure of assets the value of which corresponds to that of the assets
    derived from, or obtained directly or indirectly through, the allegedly
    infringing activity; and
    (b) the forfeiture of assets the value of which corresponds to that of the
    assets derived from, or obtained directly or indirectly through, the
    infringing activity.
    ARTICLE 26: EX OFFICIO CRIMINAL ENFORCEMENT
    Each Party shall provide that, in appropriate cases, its competent authorities may
    act upon their own initiative to initiate investigation or legal action with respect to the
    criminal offences specified in paragraphs 1, 2, 3, and 4 of Article 23 (Criminal
    Offences) for which that Party provides criminal procedures and penalties.
    Section 5: Enforcement of Intellectual Property Rights in the Digital Environment
    ARTICLE 27: ENFORCEMENT IN THE DIGITAL ENVIRONMENT
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    1. Each Party shall ensure that enforcement procedures, to the extent set forth in
    Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its
    law so as to permit effective action against an act of infringement of intellectual
    property rights which takes place in the digital environment, including expeditious
    remedies to prevent infringement and remedies which constitute a deterrent to further
    infringements.
    2. Further to paragraph 1, each Party’s enforcement procedures shall apply to
    infringement of copyright or related rights over digital networks, which may include the
    unlawful use of means of widespread distribution for infringing purposes. These
    procedures shall be implemented in a manner that avoids the creation of barriers to
    legitimate activity, including electronic commerce, and, consistent with that Party’s law,
    preserves fundamental principles such as freedom of expression, fair process, and
    privacy.13
    3. Each Party shall endeavour to promote cooperative efforts within the business
    community to effectively address trademark and copyright or related rights infringement
    while preserving legitimate competition and, consistent with that Party’s law,
    preserving fundamental principles such as freedom of expression, fair process, and
    privacy.
    4. A Party may provide, in accordance with its laws and regulations, its competent
    authorities with the authority to order an online service provider to disclose
    expeditiously to a right holder information sufficient to identify a subscriber whose
    account was allegedly used for infringement, where that right holder has filed a legally
    sufficient claim of trademark or copyright or related rights infringement, and where
    such information is being sought for the purpose of protecting or enforcing those rights.
    These procedures shall be implemented in a manner that avoids the creation of barriers
    to legitimate activity, including electronic commerce, and, consistent with that Party’s
    law, preserves fundamental principles such as freedom of expression, fair process, and
    privacy.
    5. Each Party shall provide adequate legal protection and effective legal remedies
    against the circumvention of effective technological measures14 that are used by authors,
    performers or producers of phonograms in connection with the exercise of their rights in,
    13 For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for
    limitations on the liability of, or on the remedies available against, online service providers while
    preserving the legitimate interests of right holder.
    14 For the purposes of this Article, technological measures means any technology, device, or component
    that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works,
    performances, or phonograms, which are not authorized by authors, performers or producers of
    phonograms, as provided for by a Party’s law. Without prejudice to the scope of copyright or related
    rights contained in a Party’s law, technological measures shall be deemed effective where the use of
    protected works, performances, or phonograms is controlled by authors, performers or producers of
    phonograms through the application of a relevant access control or protection process, such as encryption
    or scrambling, or a copy control mechanism, which achieves the objective of protection.
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    and that restrict acts in respect of, their works, performances, and phonograms, which
    are not authorized by the authors, the performers or the producers of phonograms
    concerned or permitted by law.
    6. In order to provide the adequate legal protection and effective legal remedies
    referred to in paragraph 5, each Party shall provide protection at least against:
    (a) to the extent provided by its law:
    (i) the unauthorized circumvention of an effective technological
    measure carried out knowingly or with reasonable grounds to
    know; and
    (ii) the offering to the public by marketing of a device or product,
    including computer programs, or a service, as a means of
    circumventing an effective technological measure; and
    (b) the manufacture, importation, or distribution of a device or product,
    including computer programs, or provision of a service that:
    (i) is primarily designed or produced for the purpose of
    circumventing an effective technological measure; or
    (ii) has only a limited commercially significant purpose other than
    circumventing an effective technological measure. 15
    7. To protect electronic rights management information,16 each Party shall provide
    adequate legal protection and effective legal remedies against any person knowingly
    performing without authority any of the following acts knowing, or with respect to civil
    remedies, having reasonable grounds to know, that it will induce, enable, facilitate, or
    conceal an infringement of any copyright or related rights:
    15 In implementing paragraphs 5 and 6, no Party shall be obligated to require that the design of, or the
    design and selection of parts and components for, a consumer electronics, telecommunications, or
    computing product provide for a response to any particular technological measure, so long as the product
    does not otherwise contravene its measures implementing these paragraphs.
    16 For the purposes of this Article, rights management information means:
    (a) information that identifies the work, the performance, or the phonogram; the author of the work,
    the performer of the performance, or the producer of the phonogram; or the owner of any right in
    the work, performance, or phonogram;
    (b) information about the terms and conditions of use of the work, performance, or phonogram; or
    (c) any numbers or codes that represent the information described in (a) and (b) above;
    when any of these items of information is attached to a copy of a work, performance, or phonogram, or
    appears in connection with the communication or making available of a work, performance, or
    phonogram to the public.
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    (a) to remove or alter any electronic rights management information;
    (b) to distribute, import for distribution, broadcast, communicate, or make
    available to the public copies of works, performances, or phonograms,
    knowing that electronic rights management information has been
    removed or altered without authority.
    8. In providing adequate legal protection and effective legal remedies pursuant to
    the provisions of paragraphs 5 and 7, a Party may adopt or maintain appropriate
    limitations or exceptions to measures implementing the provisions of paragraphs 5, 6,
    and 7. The obligations set forth in paragraphs 5, 6, and 7 are without prejudice to the
    rights, limitations, exceptions, or defences to copyright or related rights infringement
    under a Party’s law.
    CHAPTER III
    ENFORCEMENT PRACTICES
    ARTICLE 28: ENFORCEMENT EXPERTISE, INFORMATION, AND DOMESTIC COORDINATION
    1. Each Party shall encourage the development of specialized expertise within its
    competent authorities responsible for the enforcement of intellectual property rights.
    2. Each Party shall promote the collection and analysis of statistical data and other
    relevant information concerning intellectual property rights infringements as well as the
    collection of information on best practices to prevent and combat infringements.
    3. Each Party shall, as appropriate, promote internal coordination among, and
    facilitate joint actions by, its competent authorities responsible for the enforcement of
    intellectual property rights.
    4. Each Party shall endeavour to promote, where appropriate, the establishment
    and maintenance of formal or informal mechanisms, such as advisory groups, whereby
    its competent authorities may receive the views of right holders and other relevant
    stakeholders.
    ARTICLE 29: MANAGEMENT OF RISK AT BORDER
    1. In order to enhance the effectiveness of border enforcement of intellectual
    property rights, the competent authorities of a Party may:
    (a) consult with the relevant stakeholders, and the competent authorities of
    other Parties responsible for the enforcement of intellectual property
    rights to identify and address significant risks, and promote actions to
    mitigate those risks; and
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    (b) share information with the competent authorities of other Parties on
    border enforcement of intellectual property rights, including relevant
    information to better identify and target for inspection shipments
    suspected of containing infringing goods.
    2. Where a Party seizes imported goods infringing an intellectual property right, its
    competent authorities may provide the Party of export with information necessary for
    identification of the parties and goods involved in the exportation of the seized goods.
    The competent authorities of the Party of export may take action against those parties
    and future shipments in accordance with that Party’s law.
    ARTICLE 30: TRANSPARENCY
    To promote transparency in the administration of its intellectual property rights
    enforcement system, each Party shall take appropriate measures, pursuant to its law and
    policies, to publish or otherwise make available to the public information on:
    (a) procedures available under its law for enforcing intellectual property
    rights, its competent authorities responsible for such enforcement, and
    contact points available for assistance;
    (b) relevant laws, regulations, final judicial decisions, and administrative
    rulings of general application pertaining to the enforcement of
    intellectual property rights; and
    (c) its efforts to ensure an effective system of enforcement and protection of
    intellectual property rights.
    ARTICLE 31: PUBLIC AWARENESS
    Each Party shall, as appropriate, promote the adoption of measures to enhance
    public awareness of the importance of respecting intellectual property rights and the
    detrimental effects of intellectual property rights infringement.
    ARTICLE 32: ENVIRONMENTAL CONSIDERATIONS IN DESTRUCTION OF INFRINGING
    GOODS
    The destruction of goods infringing intellectual property rights shall be done
    consistently with the laws and regulations on environmental matters of the Party in
    which the destruction takes place.
    CHAPTER IV
    INTERNATIONAL COOPERATION
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    ARTICLE 33: INTERNATIONAL COOPERATION
    1. Each Party recognizes that international cooperation is vital to realizing effective
    protection of intellectual property rights and that it should be encouraged regardless of
    the origin of the goods infringing intellectual property rights, or the location or
    nationality of the right holder.
    2. In order to combat intellectual property rights infringement, in particular
    trademark counterfeiting and copyright or related rights piracy, the Parties shall promote
    cooperation, where appropriate, among their competent authorities responsible for the
    enforcement of intellectual property rights. Such cooperation may include law
    enforcement cooperation with respect to criminal enforcement and border measures
    covered by this Agreement.
    3. Cooperation under this Chapter shall be conducted consistent with relevant
    international agreements, and subject to the laws, policies, resource allocation, and law
    enforcement priorities of each Party.
    ARTICLE 34: INFORMATION SHARING
    Without prejudice to the provisions of Article 29 (Management of Risk at
    Border), each Party shall endeavour to exchange with other Parties:
    (a) information the Party collects under the provisions of Chapter III
    (Enforcement Practices), including statistical data and information on
    best practices;
    (b) information on its legislative and regulatory measures related to the
    protection and enforcement of intellectual property rights; and
    (c) other information as appropriate and mutually agreed.
    ARTICLE 35: CAPACITY BUILDING AND TECHNICAL ASSISTANCE
    1. Each Party shall endeavour to provide, upon request and on mutually agreed
    terms and conditions, assistance in capacity building and technical assistance in
    improving the enforcement of intellectual property rights to other Parties to this
    Agreement and, where appropriate, to prospective Parties. The capacity building and
    technical assistance may cover such areas as:
    (a) enhancement of public awareness on intellectual property rights;
    (b) development and implementation of national legislation related to the
    enforcement of intellectual property rights;
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    (c) training of officials on the enforcement of intellectual property rights;
    and
    (d) coordinated operations conducted at the regional and multilateral levels.
    2. Each Party shall endeavour to work closely with other Parties and, where
    appropriate, non-Parties to this Agreement for the purpose of implementing the
    provisions of paragraph 1.
    3. A Party may undertake the activities described in this Article in conjunction
    with relevant private sector or international organizations. Each Party shall strive to
    avoid unnecessary duplication between the activities described in this Article and other
    international cooperation activities.
    CHAPTER V
    INSTITUTIONAL ARRANGEMENTS
    ARTICLE 36: THE ACTA COMMITTEE
    1. The Parties hereby establish the ACTA Committee. Each Party shall be
    represented on the Committee.
    2. The Committee shall:
    (a) review the implementation and operation of this Agreement;
    (b) consider matters concerning the development of this Agreement;
    (c) consider any proposed amendments to this Agreement in accordance with
    Article 42 (Amendments);
    (d) decide, in accordance with paragraph 2 of Article 43 (Accession), upon
    the terms of accession to this Agreement of any Member of the WTO;
    and
    (e) consider any other matter that may affect the implementation and
    operation of this Agreement.
    3. The Committee may decide to:
    (a) establish ad hoc committees or working groups to assist the Committee
    in carrying out its responsibilities under paragraph 2, or to assist a
    prospective Party upon its request in acceding to this Agreement in
    accordance with Article 43 (Accession);
    (b) seek the advice of non-governmental persons or groups;
    E-21
    (c) make recommendations regarding the implementation and operation of
    this Agreement, including by endorsing best practice guidelines related
    thereto;
    (d) share information and best practices with third parties on reducing
    intellectual property rights infringements, including techniques for
    identifying and monitoring piracy and counterfeiting; and
    (e) take other actions in the exercise of its functions.
    4. All decisions of the Committee shall be taken by consensus, except as the
    Committee may otherwise decide by consensus. The Committee shall be deemed to
    have acted by consensus on a matter submitted for its consideration, if no Party present
    at the meeting when the decision is taken formally objects to the proposed decision.
    English shall be the working language of the Committee and the documents supporting
    its work shall be in the English language.
    5. The Committee shall adopt its rules and procedures within a reasonable period
    after the entry into force of this Agreement, and shall invite those Signatories not Parties
    to this Agreement to participate in the Committee’s deliberations on those rules and
    procedures. The rules and procedures:
    (a) shall address such matters as chairing and hosting meetings, and the
    performance of organizational duties relevant to this Agreement and its
    operation; and
    (b) may also address such matters as granting observer status, and any other
    matter the Committee decides necessary for its proper operation.
    6. The Committee may amend the rules and procedures.
    7. Notwithstanding the provisions of paragraph 4, during the first five years
    following the entry into force of this Agreement, the Committee’s decisions to adopt or
    amend the rules and procedures shall be taken by consensus of the Parties and those
    Signatories not Parties to this Agreement.
    8. After the period specified in paragraph 7, the Committee may adopt or amend
    the rules and procedures upon the consensus of the Parties to this Agreement.
    9. Notwithstanding the provisions of paragraph 8, the Committee may decide that
    the adoption or amendment of a particular rule or procedure requires the consensus of
    the Parties and those Signatories not Parties to this Agreement.
    10. The Committee shall convene at least once every year unless the Committee
    decides otherwise. The first meeting of the Committee shall be held within a reasonable
    period after the entry into force of this Agreement.
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    11. For greater certainty, the Committee shall not oversee or supervise domestic or
    international enforcement or criminal investigations of specific intellectual property
    cases.
    12. The Committee shall strive to avoid unnecessary duplication between its
    activities and other international efforts regarding the enforcement of intellectual
    property rights.
    ARTICLE 37: CONTACT POINTS
    1. Each Party shall designate a contact point to facilitate communications between
    the Parties on any matter covered by this Agreement.
    2. On the request of another Party, a Party’s contact point shall identify an
    appropriate office or official to whom the requesting Party’s inquiry may be addressed,
    and assist, as necessary, in facilitating communications between the office or official
    concerned and the requesting Party.
    ARTICLE 38: CONSULTATIONS
    1. A Party may request in writing consultations with another Party with respect to
    any matter affecting the implementation of this Agreement. The requested Party shall
    accord sympathetic consideration to such a request, provide a response, and afford
    adequate opportunity to consult.
    2. The consultations, including particular positions taken by consulting Parties,
    shall be kept confidential and be without prejudice to the rights or positions of either
    Party in any other proceeding, including a proceeding under the auspices of the
    Understanding on Rules and Procedures Governing the Settlement of Disputes
    contained in Annex 2 to the WTO Agreement.
    3. The consulting Parties may, by mutual consent, notify the Committee of the
    result of their consultations under this Article.
    CHAPTER VI
    FINAL PROVISIONS
    ARTICLE 39: SIGNATURE
    This Agreement shall remain open for signature by participants in its
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    negotiation,17 and by any other WTO Members the participants may agree to by
    consensus, from 1 May 2011 until 1 May 2013.
    ARTICLE 40: ENTRY INTO FORCE
    1. This Agreement shall enter into force thirty days after the date of deposit of the
    sixth instrument of ratification, acceptance, or approval as between those Signatories
    that have deposited their respective instruments of ratification, acceptance, or approval.
    2. This Agreement shall enter into force for each Signatory that deposits its
    instrument of ratification, acceptance, or approval after the deposit of the sixth
    instrument of ratification, acceptance, or approval, thirty days after the date of deposit
    by such Signatory of its instrument of ratification, acceptance, or approval.
    ARTICLE 41: WITHDRAWAL
    A Party may withdraw from this Agreement by means of a written notification
    to the Depositary. The withdrawal shall take effect 180 days after the Depositary
    receives the notification.
    ARTICLE 42: AMENDMENTS
    1. A Party may propose amendments to this Agreement to the Committee. The
    Committee shall decide whether to present a proposed amendment to the Parties for
    ratification, acceptance, or approval.
    2. Any amendment shall enter into force ninety days after the date that all the
    Parties have deposited their respective instruments of ratification, acceptance, or
    approval with the Depositary.
    ARTICLE 43: ACCESSION
    17 Australia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the
    Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the
    European Union, the Republic of Finland, the French Republic, the Federal Republic of Germany, the
    Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea,
    the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of
    Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New
    Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the
    Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss
    Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of
    America.
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    1. After the expiration of the period provided in Article 39 (Signature), any
    Member of the WTO may apply to accede to this Agreement.
    2. The Committee shall decide upon the terms of accession for each applicant.
    3. This Agreement shall enter into force for the applicant thirty days after the date
    of deposit of its instrument of accession based upon the terms of accession referred to in
    paragraph 2.
    ARTICLE 44: TEXTS OF THE AGREEMENT
    This Agreement shall be signed in a single original in the English, French, and
    Spanish languages, each version being equally authentic.
    ARTICLE 45: DEPOSITARY
    The Government of Japan shall be the Depositary of this Agreement.

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