《Anti-Counterfeiting_Trade_Agreement》.pdf

Consolidated Text Prepared for Public Release Anti-Counterfeiting Trade Agreement PUBLIC Predecisional/Deliberative Draft: April 2010 This draft text does not identify participants’ positions in respect of square bracketed options. 2 CHAPTER ONE INITIAL PROVISIONS AND DEFINITIONS 1 [ : Section A: Initial Provisions ARTICLE 1.1: RELATION TO OTHER AGREEMENTS Nothing in this Agreement shall derogate from any international obligation of a Party with respect to any other Party under existing agreements to which both Parties are party. 2 ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS 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 by this 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 of intellectual 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 cont