WORLD TRADE  
ORGANIZATION   
IP/C/W/563 
17 October 2011 
 (11-5142) 
Council for Trade-Related Aspects of  
Intellectual Property Rights Original:   English/ 
 French/  Spanish 
 
  
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
 
Communication from Australia, Canada, th e European Union, Korea, Japan,  
New Zealand, Singapore, Switzerland and the United States 
 
  The attached text of the Anti-Counterfeiting Tr ade Agreement (ACTA) is being circulated at 
the request of the delegations of Australia, Canada , the European Union, Korea, Japan, New Zealand, 
Singapore, Switzerland and the United States dated 13 October 2011. 
 
_______________ 
 
 IP/C/W/563 
Page 2  
 
   
 
 
 
 
Anti-Counterfeiting Trade Agreement 
 
 
    
 
 
 
  IP/C/W/563 
 Page 3 
 
 
   
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 righ t holders and for legitimate businesses, and, in 
some cases, provides a source of revenue for organi zed crime and otherwise poses risks to the public; 
 
Desiring to combat such proliferation through enhanced  international cooperati on 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 inte llectual 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 provide rs and right holders to address relevant 
infringements in the digital environment;   Desiring that this Agreement operates in a manner mutu ally 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: 
 IP/C/W/563 
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C
HAPTER I 
INITIAL PROVISIONS AND  GENERAL  DEFINITIONS  
 
 
Section 1:  Initial Provisions 
 
 A
RTICLE 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.  
  A
RTICLE 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 pr operty 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 a ppropriate method of implementing th e provisions of this Agreement 
within its own legal system and practice. 
 
2. Nothing in this Agreement creates any obligati on 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 fort h in Part I of the TRIPS Agreement,  in particular in 
Articles 7 and 8, shall apply, mutatis mutandis , to this Agreement. 
  A
RTICLE 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.    
  A
RTICLE 4:  PRIVACY AND DISCLOSURE OF INFORMATION  
 1. Nothing in this Agreement sh all require a Party to disclose: 
 
(a) information, the disclosure of which would be contrary to its law, including laws 
protecting privacy rights, or internati onal agreements to 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.  
  IP/C/W/563 
 Page 5 
 
 
  2. When a Party provides written information pursua nt 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 informa tion was provided, except with the 
prior consent of the Party providing the information.   
 
 
Section 2:  General Definitions 
  
A
RTICLE 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 establis hed 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 wh ich cannot be distinguished in its essential 
aspects from such a trademark, and which th ereby 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 En forcement 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 in tellectual property that 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 aut horized 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 constitu ted 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; IP/C/W/563 
Page 6  
 
   
(m) territory , for the purposes of Section 3 (Border Measures) of Chapter II (Legal 
Framework for Enforcement of Intell ectual Property Rights), means the  customs 
territory and all free zones
1 of a Party; 
 
(n) transhipment  means the customs procedure unde r 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 o ffice 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. 
  
C
HAPTER II 
LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
 
 
Section 1:  General Obligations 
  
A
RTICLE 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 prev ent 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 im plement 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 infring ement, the interests of third parties, and the 
applicable measures, remedies and penalties.   
 
4. No provision of this Chapter shall be construe d to require a Party to make its officials subject 
to liability for acts undertaken in the pe rformance of their official duties. 
  
Section 2:  Civil Enforcement
2 
                                                      
1  For greater certainty, th e 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.  IP/C/W/563 
 Page 7 
 
 
  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 th at such procedures shall conform to principles 
equivalent in substance to those set forth in this Section.    
A
RTICLE 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 ex ercises jurisdiction, to prevent goods that involve 
the infringement of an intellectual property right from entering into the channels of commerce.  
 2. Notwithstanding the other provisions of this S ection, 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 remunera tion, provided that the Party complies with the 
provisions of Part II of the TRIPS Agreement speci fically 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.  
  
A
RTICLE 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 th e right holder has suffered as a result of the 
infringement.  In determining the amount of damag es 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  
 
                                                                                                                                                                     
2  A Party may exclude patents  and protection of undisclosed information from the scope of this 
Section. IP/C/W/563 
Page 8  
 
  (b) presumptions
3 for determining the amount of da mages 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 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 proceedi ngs concerning infringement of  at least copyright or 
related rights, or trademarks, that the prevailing pa rty 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. 
 
 A
RTICLE 10:  OTHER REMEDIES  
 1. At least with respect to pirated copyri ght 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 judi cial 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.  
 
 A
RTICLE 11:  INFORMATION RELATED TO INFRINGEMENT  
 
Without prejudice to its law governing privile ge, the protection of confidentiality of 
information sources, or the processing of pe rsonal data, each Party shall provide that,  in civil judicial 
proceedings concerning the enforcement of intellectua l property rights, its judi cial 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 
                                                      
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 un it 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.  IP/C/W/563 
 Page 9 
 
 
  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.   
 
 A
RTICLE 12:  PROVISIONAL MEASURES  
 
1. Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional measures:  
(a) against a party or, where appropriate, a thir d 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 ente ring into the channels of commerce;  
 (b) to preserve relevant evidence in re gard 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 procee dings, its judicial authoriti es 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 ha ve the authority to require the applicant, with 
respect to provisional measures, to provide any r easonably available evidence in order to satisfy 
themselves with a sufficient degree of certainty that th e applicant's right is being infringed or that such 
infringement is imminent, and to order the appli cant to provide a security or equivalent assurance 
sufficient to protect the defendant and to prevent a buse.  Such security or equivalent assurance shall 
not unreasonably deter recourse to pro cedures 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 f ound 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 provi de the defendant appropriate compensation for any injury caused by 
these measures.   
 IP/C/W/563 
Page 10  
 
  Section 3:  Border Measures
4, 5 
  A
RTICLE 13:  SCOPE OF THE BORDER MEASURES6 
 
In providing, as appropria te, and consistent with  its domestic system of intellectual property 
rights protection and without prejudice to the requi rements 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 propert y rights and that avoids the creation of barriers 
to legitimate trade. 
 
 A
RTICLE 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. 
  
A
RTICLE 15:  P ROVISION 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. 
  A
RTICLE  16:  B ORDER  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 re spect 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 in itiative to suspend the release of, or 
to detain, suspect goods; and  
                                                      
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. 
6  The Parties agree that  patents and protection of  undisclosed information do not fall within the scope 
of this Section.  IP/C/W/563 
 Page 11 
 
 
   
(b) where appropriate, a right holder  may request its  competent authorities to suspend the 
release of, or to detain, suspect goods. 
  
Article 17:  A
PPLICATION 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 re cognizable by the competent authorities.  The 
requirement to provide sufficient information sha ll 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 th e 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 au thorities 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 appli cant has abused the pr ocedures 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.  
  A
RTICLE 18:  S ECURITY OR EQUIVALENT ASSURANCE  
 
Each Party shall provide that its competent aut horities have the authority to require a right 
holder that requests the procedures described in s ubparagraphs 1(b) and 2(b)  of Article 16 (Border 
Measures) to provide a reasonable security or equiva lent 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 r ecourse to these procedures.  A Party may provide 
that such security may be in the form of a bond conditioned to hold the de fendant harmless from any 
loss or damage resulting from any suspensi on of the release of, or detention of,  the 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.  
 
 A
RTICLE 19:  DETERMINATION AS TO INFRINGEMENT  
 
Each Party shall adopt or maintain proce dures by which its competent authorities may 
determine, within a reasonable period after the in itiation of the procedures described in Article 16 
(Border Measures), whether the suspect goods  infringe an intellectual property right. 
                                                      
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). IP/C/W/563 
Page 12  
 
   
 A
RTICLE 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 ex ceptional 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, th e simple removal of the trademark unlawfully 
affixed shall not be sufficient, other than in excep tional 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 re ferred to in Article 19 (Determination as to 
Infringement) that the goods  are infringing.  
  A
RTICLE 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.   
A
RTICLE 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 th e detection of infringing goods; 
 (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 consi gnor, 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 alterna tive, made a determin ation 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 days
8 
of the seizure or determination, with in formation 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.   
 
                                                      
8  For the purposes of this Article, days  means business days.  IP/C/W/563 
 Page 13 
 
 
   
Section 4:  Criminal Enforcement 
 
 A
RTICLE 23:  CRIMINAL OFFENCES  
 
1. Each Party shall provide for criminal procedur es 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 procedur es 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  
 
(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 fo r 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 sp ecified 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 cr iminal, 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 th e natural persons who have  committed the criminal 
offences.   A
RTICLE 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 
                                                      
9  Each Party shall treat wilful importation or ex portation of counterfeit trademark goods or pirated 
copyright goods on a commercial scale as unlawful activitie s 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 th is paragraph by providing for criminal procedures 
and penalties to be applied to attempts to commit a trademark offence. 
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. IP/C/W/563 
Page 14  
 
  provide a deterrent to future acts of infringement, consistently with the leve l of penalties applied for 
crimes of a corresponding gravity. 
 
  A
RTICLE 25:  SEIZURE , FORFEITURE , AND DESTRUCTION  
 
1. With respect to the offences speci fied in paragraphs 1, 2, 3, and 4 of Article 23 (Criminal 
Offences) for which a Party provid es criminal procedures and penalties, that Party shall provide that 
its competent authorities have the authority to or der the seizure of suspected counterfeit trademark 
goods or pirated copyright goods, any related material s 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 para graph 1, that Party shall not requi re the items to be described in 
greater detail than necessary to identif y them for the 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 provid es 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 wher e counterfeit trademark goods and pirated 
copyright goods are not destroyed, the competent authorities shall ensure th at, except in exceptional 
circumstances, such goods shall be disposed of out side the channels of commerce in such a manner as 
to avoid causing any harm to the right holde r.  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 provid es criminal procedures and penalties, that Party shall provide that 
its competent authorities have the authority to orde r 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 asset s 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 wit hout 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 pro cedures 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 thr ough, 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. 
  
A
RTICLE 26:  EX OFFICIO  CRIMINAL ENFORCEMENT  
 
Each Party shall provide that, in appropri ate cases, its competent authorities may act upon 
their own initiative to initiate investigation or le gal 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.    IP/C/W/563 
 Page 15 
 
 
  Section 5:  Enforcement of Intellectual Property Rights in the Digital Environment  
 
 A
RTICLE 27:  ENFORCEMENT IN THE DIGITAL ENVIRONMENT  
 
1. Each Party shall ensure that enforcement pro cedures, to the extent set forth in Sections 2 
(Civil Enforcement) and 4 (Criminal Enforcemen t), 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 reme dies to prevent infringement and remedies which 
constitute a deterrent to further infringements.   
 2. Further to paragraph 1, each Party's enforcem ent procedures shall apply to infringement of 
copyright or related rights over di gital networks, which may include the unlawful use of means of 
widespread distribution for infringi ng 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 fundame ntal principles such as freedom of expression, fair 
process, and privacy.
13  
 3. Each Party shall endeavour to promote coope rative efforts within the business community to 
effectively address trademark and copyright or re lated 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 pr ovider to disclose expeditiously to a right holder 
information sufficient to identify a subscriber w hose 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 pr otection and effective le gal remedies against the 
circumvention of effective technological measures14 that are used by authors, performers or producers 
of phonograms in connection with the exercise of thei r rights in, and that rest rict acts in respect of, 
their works, performances, and phonograms, which ar e not authorized by the authors, the performers 
or the producers of phonograms concerned or permitted by law.  
 
                                                      
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 availa ble 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 en cryption or scrambling, or a copy control mechanism, 
which achieves the objective of protection. 
 IP/C/W/563 
Page 16  
 
  6. In order to provide the adequate legal prot ection and effective legal remedies referred to in 
paragraph 5, each Party shall provi de 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 ag ainst any person knowingly performing without 
authority any of the following acts knowing, or wi th 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:  
(a) to remove or alter any electronic rights management information;  
 
(b) to distribute, import for distribution, broad cast, communicate, or make available to the 
public copies of works, performances, or phonograms, knowing that electronic rights 
management information has been remo ved or altered without authority. 
 8. In providing adequate legal protection and e ffective legal remedies pursuant to the provisions 
of paragraphs 5 and 7, a Party may adopt or maintain appropriat e 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.
  
 
                                                      
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, teleco mmunications, 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 manag ement 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.  IP/C/W/563 
 Page 17 
 
 
   
CHAPTER III 
ENFORCEMENT PRACTICES  
  
A
RTICLE 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 an alysis 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 in ternal coordination among,  and facilitate joint 
actions by, its competent authorities responsible fo r the enforcement of intellectual property rights. 
 4. Each Party shall endeavour to promote, wh ere appropriate, the estab lishment and maintenance 
of formal or informal mechanisms, such as advi sory 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, a nd the competent authorities of other Parties 
responsible for the enforcement of intellect ual property rights to identify and address 
significant risks, and promote actions to mitigate those risks; and  
 
(b) share information with the competent authorities of other Parties on border 
enforcement of intellectual property rights, including relevant in formation 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 futu re shipments in accordance with that Party's law. 
  
A
RTICLE 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 en forcing intellectual property rights, its 
competent authorities responsible for such enforcement, and contact points available 
for assistance; 
 IP/C/W/563 
Page 18  
 
  (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.
  
  A
RTICLE 31:  PUBLIC AWARENESS  
 
Each Party shall, as appropriate, promote the adoption of measures to enhance public 
awareness of the importance of respecting intellectua l property rights and the detrimental effects of 
intellectual property rights infringement.   A
RTICLE 32:  ENVIRONMENTAL CONSIDERATIONS IN DESTRUCTION OF INFRINGING GOODS  
 
The destruction of goods infringing intellectual pr operty 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  
 
 A
RTICLE 33:  INTERNATIONAL COOPERATION  
 
1. Each Party recognizes that inte rnational 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 res ponsible 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 conduc ted consistent with re levant international 
agreements, and subject to the laws, policies, res ource allocation, and law enforcement priorities of 
each Party. 
 
 
A
RTICLE 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 regulator y measures related to the protection and 
enforcement of intellectual property rights; and  
 (c) other information as appropriate and mutually agreed.   IP/C/W/563 
 Page 19 
 
 
   
 
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 tec hnical assistance may cover such areas as: 
 
(a) enhancement of public awareness on intellectual property rights; 
(b) development and implementation of national legislation rela ted to the enforcement of 
intellectual property rights; 
(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 w ith 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 conj unction 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. 
 IP/C/W/563 
Page 20  
 
  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;  
 
(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 ta ken by consensus, except as the Committee may 
otherwise decide by consensus.  The Committee sh all 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.  Englis h 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 tho se 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 th is 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 deci sions 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 deci de 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.  11. For greater certainty, the Committee shall not oversee or supervise domestic or international 
enforcement or criminal investigations of specific intellectual property cases.  IP/C/W/563 
 Page 21 
 
 
   
12. The Committee shall strive to avoid unnecess ary duplication between its activities and other 
international efforts regarding the enfo rcement of intellectual property rights. 
  
A
RTICLE 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 w ith 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 pos itions 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 con sent, notify the Committee of the result of their 
consultations under this Article. 
 
 
C
HAPTER VI 
FINAL PROVISIONS  
 
 A
RTICLE 39:  SIGNATURE 
 
This Agreement shall remain open for signa ture by participants in its negotiation,17 and by 
any other WTO Members the participants may agree to by consensus, from 1 May 2011 until 
1 May 2013.   
                                                      
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, Irel and, 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 Swed en, the Swiss Confederation, the United Kingdom of Great Britain and Northern 
Ireland, and the United States of America.   
 IP/C/W/563 
Page 22  
 
  A
RTICLE 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 approva l 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.  
 
 A
RTICLE 41:  WITHDRAWAL  
 
A Party may withdraw from this Agreement by means of a written notification to the 
Depositary.  The withdrawal shall take effect 180 da ys after the Depositary receives the notification.  
  A
RTICLE 42:  AMENDMENTS  
 1. A Party may propose amendments to this Ag reement 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 ratificati on, acceptance, or approval with the Depositary.  
 
 A
RTICLE  43:  A CCESSION  
 
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 te rms 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. 
 
 A
RTICLE 45:  DEPOSITARY  
 
The Government of Japan shall be th e Depositary of this Agreement.  
 
 
__________