Strona:PL - ACTA wniosek z 2012-01-18.pdf/59

MMMunder 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 are 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 zones^[1] 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 IC to the WTO Agreement;

(p) WTO means the World Trade Organization; and

(q) WTO Agreement means the Marrakesh Agreement Estabilishing the World Trade Organization, done on 15 April 1994.

CHAPTER II

LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

SECTION 1

GENERAL OBLIGATIONS

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

↑ 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.

[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.

[1]