Difference between revisions of "Sandbox/ehj/ACTA"

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=CHAPTER THREE: INTERNATIONAL COOPERATION=
 
=CHAPTER THREE: INTERNATIONAL COOPERATION=
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[MX: This chapter establishes information exchange and in one of the written proposals (paragraph 4), it is stipulated that for ACTA's objectives it would not be needed the submission of "reserved information". It is suggested to consider and precise the kind of information that will be exchanged as well as the mechanisms to be used for the submission of it.]
  
 
==ARTICLE 3.1: INTERNATIONAL ENFORCEMENT COOPERATION==
 
==ARTICLE 3.1: INTERNATIONAL ENFORCEMENT COOPERATION==
  
1. Each Party recognizes that international [enforcement] cooperation [is vital [ to realize [fully] effective protection of intellectual property rights] [ in order to deal with the increasingly global problem of the trade in counterfeit and pirated goods]] [plays an important role in the protection of copyright and trademark rights]and should be [undertaken] [encouraged] regardless of the origin of the infringing goods or the location [or nationality] of the right holder [of the intellectual property rights.
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1. Each Party recognizes that international [J:enforcement] [CAN: enforcement] cooperation [US/J/CAN: is vital {US/J: to realize {J: fully]{US: fully} effective protection of intellectual property rights} {CAN: in order to deal with the increasingly global problem of the trade in counterfeit and pirated goods}][Sing: plays an important role in the protection of copyright and trademark rights] and should be [J: undertaken][US: encouraged] regardless of the origin of infringing goods or the location [US: or nationality] of the right holder [J: of the intellectual property rights][CAN: of the intellectual property rights].
  
2. In order to combat [intellectual property right infringement, in particular,] trademark counterfeiting and copyright piracy, each Party shall promote [may, as it deems appropriate, ] cooperation [measures, where appropriate,] among the [relevant] competent authorities of the Parties [concerned with] [responsible for] enforcement of intellectual property rights. Such [cooperation includes][ measures may include] [cooperation shall include][may include] law enforcement cooperation with respect to criminal investigation or prosecution [concerning] [relating to] the offences covered by this Agreement and [border measures] [cooperation at the border], [which may be conducted bilaterally or multilaterally] Particular attention shall be devoted to the circulation of IPR infringing goods detrimental to the health and safety.]
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2. In order to combat[J: intellectual property right infringement, in particular,] [Sing: intellectual property right infringement, in particular,] trademark counterfeiting and copyright piracy, [EU: in particular, trademark counterfeiting and copyright piracy] each Party shall promote [Sing: shall promote may, as it deems appropriate,] cooperation [CAN: measures, where appropriate,] among the [NZ: relevant] competent authorities of the Parties [J: concerned with] [AUS/CH/US/MOR: responsible for] enforcement of intellectual property rights [Sing: concerned with enforcement of intellectual property rights]. Such [J: cooperation includes][Sing/CAN: measures may include][EU: cooperation shall include][US:may include] law enforcement cooperation with respect to criminal investigation of prosecution [J:concerning] [CAN: relating to] the offences covered by this Agreement and [J: border measures][CAN: cooperation at the border],[J: which mau be conducted bilaterally or multilaterally][US: which may be conducted bilaterally or multilaterally]. [EU: Particular attention shall be devoted to the circulation of IPR infringing goods detrimental to the health and safety.]
  
3. Each Party [shall][ may], consistent with the [existing][domestic law and policy and the] [international agreements and arrangements to which such Party is a party], [conduct][ undertake] enforcement cooperation [foreseen] [activities as provided] [international cooperation as set out ] in this Chapter [,in line with the international agreements and arrangements to which such Party is a party.] [Each Party may also conduct enforcement cooperation or provide assistance to another Party pursuant to other international agreements, arrangements, and practices, and in accordance with its domestic law and policies.]
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3. Each Party [J: shall][US: may], consistent with the [J: existing][AUS/CH/US/MOR: existing][US: domestic law and policy and the][J:international agreements and arrangements to which such Parti is a party][EU: consistent with the existing international agreements and arrangements to which such Party is a party], [J: conduct][CAN: undertake] enforcement cooperation [EU: foreseen][US: activities as provided][AUS: international cooperation as set out] in this Chapter [EU:, in line with the international agreements and arrangements to which such Party is a party.][US: Each Party may also conduct enforcement cooperation or provide assistance to another Party pursuant to other international agreements, arrangements, and practices, and in accordance with its domestic law and policies.]
  
[4. Nothing in this Chapter and Chapter 4 shall require any Party to disclose confidential information which would be contrary to its laws, regulations, policies, legal practices and applicable international agreements and arrangements, including laws protecting investigative techniques, right of privacy or confidential information for law enforcement, or otherwise be contrary to public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.]
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[EU: 4. Nothing in this Chapter and Chapter 4 shall require any Party to disclose confidential information which would be contrary to its laws, regulations, policies, legal practices and applicable international agreements and arrangements, including laws protecting investigative techniques, right of privacy or confidential information for law enforcement, or otherwise be contrary to public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.]
  
[4. The Parties understand that obligations under this Chapter and Chapter 4 are subject to the domestic laws, policies, resource allocation and law enforcement priorities of each Party.]
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[US: 4. The Parties understand that obligations under this Chapter and Chapter 4 are subject to the domestic laws, policies, resource allocation and law enforcement priorities of each Party.]
  
 
==ARTICLE 3.2: INFORMATION SHARING==
 
==ARTICLE 3.2: INFORMATION SHARING==
  
1. [In order to ensure effective enforcement of the provisions of this Agreement,] each Party [[shall][ may] promote sharing or exchanging] [may, as it deems appropriate, share or exchange ] with other Parties [of the following information ][ as appropriate and mutually agreed]:
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1. [J: In order to ensure effective enforcement of the provisions of this Agreement,] [US/CAN: In order to ensure effective enforcement of the provisions of this Agreement,] each Party [{J: shall} {US: may} promote sharing or exchanging] [Sing: may, as it deems appropriate, share or exchange] with other Parties [J: of the following information] [Sing: of the following information] [EU: as appropriate and mutually agreed]:
  
(a) information collected by the Party under provisions of Chapter 4, including statistical data and information on best practices including those relating to[risk analysis] [risk management]; and
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(a) information collected by the Party under provisions of Chapter 4, including statistical data and information on best practices including those relating to [J: risk analysis][US: risk management]; and
  
(b) information on [the] development [and implementation] of legislative and regulatory measures [of the] [by the] Party [related to the protection and enforcement of intellectual property rights].
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(b) information on [CAN: the] development [MOR: and implementation] of legislative and regulatory measures [J: of the][CAN: by the] Party [US: related to the protection and enforcement of intellectual property rights]. [Sing: Delete subparagraph (b).]
  
For this purpose, the Parties shall endeavour to establish appropriate modalities including holding of periodical meetings. Parties shall endeavor to establish an observatory as a tool for collecting information]
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For this purpose, the Parties shall endeavour to establish appropriate modalities including holding of periodical meetings. [Mor: Parties shall endeavor to establish an observatory as a tool for collecting information] [AUS/NZ/US: Delete this sentence.] [NZ: It is preference for this article to be developed into a separate general "Transparency" provision within ACTA that would apply "horizontally" across the Agreement, rather than having transparency obligations peppered throughout individual chapters.]
  
2. Each Party shall ensure, as appropriate and mutually agreed, [within the limits of [its] national legislation][ consistent with its domestic laws] , policies, [legal] practices, and applicable [existing] international agreements and arrangements, that its competent authorities have the [ability] [authority] to provide the competent authorities of any other [Parties][ Party], either on request or on its own initiative, with information [[necessary to ensure][ to facilitate][ to allow] a proper application of laws concerning enforcement of intellectual property rights and to prevent, investigate, [and repress acts of intellectual property right infringements][ or prosecute infringement of Intellectual property rights ] [related to the enforcement of intellectual property rights].
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2. Each Party shall ensure, as appropriate and mutually agreed, [J: within the limits of {Sing: its} national legislation] [US: consistent with it's domestic laws], policies, [J: legal] [US:legal] practices, and applicable [J: existing][AUS/US: existing] international agreements and arrangements, [EU: within the limits of national legislation, policies, legal practices, and applicable existing international agreements and arrangements] that its competent authorities have the [J: ability] [US: authority] to provide the competent authorities of any other [J: Parties] [US: Party], either on request or on its own initiative, with information [{J:necessary to ensure} {NZ: to facilitate} {EU: to allow} a proper application of laws][US: necessary to ensure proper applivation of laws] concerning [CAN: application of laws concerning] enforcement of intellectual property rights and to prevent, investigate, [J: and repress acts of intellectual property right infringements][US: or prosecute infringement of Intellectual property rights][AUS: related to the enforcement of intellectual property rights][CAN: and to prevent, investigate, and repress acts of intellectual property right infringements]. [NZ: NZ has reserved its position on this Article until the nature/scope if the obligations in Article3.3.1 have been clarified.]
  
 
==ARTICLE 3.3: CAPACITY BUILDING AND TECHNICAL ASSISTANCE==
 
==ARTICLE 3.3: CAPACITY BUILDING AND TECHNICAL ASSISTANCE==
  
1. [In order to facilitate the implementation of this Agreement or the accession thereto,] [Developed country] Parties shall [endeavour to] provide, on request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance[in improving enforcement of intellectual property rights,] [focused on initiatives to combat the trade in counterfeit and pirated goods] in favour of developing country Parties to this Agreement and [, where appropriate,] [for third countries ][for countries not a Party to this Agreement.][ Parties shall make all reasonable efforts to ensure that such capacity building and technical assistance are compatible and do not overlap with similar activities provided by international organizations active in the field of intellectual property.] [The provision of assistance under this Article and Articles 3.3.2 and 3.3.3 is subject to the availability of resources on the part of the donor Party.]
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1. [EU: In order to facilitate the implementation of this Agreement or the accession thereto,][J: Developed contry][AUS: Developed country] Parties shall [AUS/CAN/CH/NZ/US: endeavour to] provide, on request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance[J: in improving enforcement of intellectual property rights,][CAN: focused on initiatives to combat the trade in counterfeit and pirated goods] in favour of developing country Parties to this Agreement and [US: , where appropriate,][J: for third countries][NZ: and for third countries][US: for third countries for countries not a Party to this Agreement.] [EU: Parties shall make all reasonable efforts to ensure that such capacity building and technical assistance are compatible and do not overlap with similar activities provided by international organizations active in the field of intellectual property.] [Sing: The provision of assistance under this Article and Articles 3.3.2 and 3.3.3 is subject to the availability of resources on the part of the donor Party.]
  
2. For the purpose of paragraph 1, [developed country]Parties shall [, at the request of developing country Parties and on mutually agreed terms and conditions, ] work closely with [developing country] [other]Parties [and, where appropriate, countries not a Party to this Agreement or separate customs territories,] [to enact] [implement and to ] or strengthen their [domestic] [ national] legislation, as appropriate, and assist them in improving their national intellectual property law enforcement capacities through sharing best practices concerning intellectual property law enforcement and providing relevant technical training for enforcement officials.
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2. For the purpose of paragraph 1, [J: developed country] [AUS: developed country] Parties shall [Sing: , at the request of developing country Parties and on mutually agreed terms and conditions, ] work closely with [J: developing country] [AUS: other] Parties [US: and, where appropriate. countries not a Party to this Agreement or separate customs territories,] [J: to enact] [EU: implement and to] or strengthen their [J: domestic] [US: national] legislation as appropriate, and [CAN: enact or strengthen their domestic legislation; as appropriate, and] assist them in improving their national intellectual property law enforcement capacities through sharing best practices concerning intellectual property law enforcement and providing relevant technical training for enforcement officials. [NZ: NZ has reserved its position on this Article until the nature/scope of the obligations in Article 3.3.1. have been clarified]
  
3. [[Developed country][Developed and developing country] Parties] [Each Party] may undertake the obligations under this Article in conjunction with relevant private sector or international organizations.
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3. [{ J: Developed country} {AUS/EU: Developed country} {MX: Developed and developing country} Parties] [US: Each Party] may undertake the obligations under this Article in conjunction with relevant private sector or international organizations.  
  
[4. Parties shall put in place a special allocation Fund to finance ACTA initiatives on capacity building and technical assistance]
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[MOR: 4. Parties shall put in place a special allocation Fund to finance ACTA initiatives on capacity building and technical assistance]
  
[5. Parties shall, in the implementation and administration of this Agreement, take into account developing countries needs in the field of financing and technical assistance. In this respect, States Parties to the Agreement agree:
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[MOR: Parties shall, in the implementation and administration of this Agreement, take into account developing countries needs in the field of financing and technical assistance. In this respect, States Parties to the Agreement agree:  
  
(a) To support, developing countries efforts, for the implementation of the Agreement and the integration of anti-counterfeiting and anti-hacking actions in national development strategies. This assistance shall be designed to help developing countries to harmonize their laws, to carry out their obligations and to exercise their rights as Members.
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(a) To support, developing countries efforts, for the implementation of the Agreement and the integration of anti-counterfeiting and anti-hacking actions in national development strategies. This assistance shall be designed to help developing countries to harmonize their laws, to carry out their obligations and to exercise their rights as Members.  
  
 
(b) To ensure predictable and sustainable financing.
 
(b) To ensure predictable and sustainable financing.
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(c) To promote coordination of technical assistance activities with the bilateral donors, WTO Secretariat, WIPO as well as with other relevant international intergovernmental institutions.
 
(c) To promote coordination of technical assistance activities with the bilateral donors, WTO Secretariat, WIPO as well as with other relevant international intergovernmental institutions.
  
(d) States Parties shall review annually the implementation of this Article].
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(d) States Parties shall review annually the implementation of this Article].  
  
[5. State parties shall endeavour to provide technical assistance in the following areas:
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[MOR: 5. State parties shall endeavour to provide technical assistance in the following areas:  
  
 
(a) Promoting the culture of intellectual property.
 
(a) Promoting the culture of intellectual property.
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(c) Capacity building and experience sharing among institutions in charge of fighting counterfeiting and piracy.
 
(c) Capacity building and experience sharing among institutions in charge of fighting counterfeiting and piracy.
  
(d) Tools for measuring the economic impact of counterfeiting on the market and evaluating the anti counterfeiting and anti-hacking actions.
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(d) Tools for measuring the economic impact of counterfeiting on the market and evaluating the anti counterfeiting and anti-hacking actions.  
  
 
(e) Conducting joint operations at the regional and international levels.
 
(e) Conducting joint operations at the regional and international levels.

Revision as of 20:03, 23 April 2010

LEAK

CHAPTER THREE: INTERNATIONAL COOPERATION

[MX: This chapter establishes information exchange and in one of the written proposals (paragraph 4), it is stipulated that for ACTA's objectives it would not be needed the submission of "reserved information". It is suggested to consider and precise the kind of information that will be exchanged as well as the mechanisms to be used for the submission of it.]

ARTICLE 3.1: INTERNATIONAL ENFORCEMENT COOPERATION

1. Each Party recognizes that international [J:enforcement] [CAN: enforcement] cooperation [US/J/CAN: is vital {US/J: to realize {J: fully]{US: fully} effective protection of intellectual property rights} {CAN: in order to deal with the increasingly global problem of the trade in counterfeit and pirated goods}][Sing: plays an important role in the protection of copyright and trademark rights] and should be [J: undertaken][US: encouraged] regardless of the origin of infringing goods or the location [US: or nationality] of the right holder [J: of the intellectual property rights][CAN: of the intellectual property rights].

2. In order to combat[J: intellectual property right infringement, in particular,] [Sing: intellectual property right infringement, in particular,] trademark counterfeiting and copyright piracy, [EU: in particular, trademark counterfeiting and copyright piracy] each Party shall promote [Sing: shall promote may, as it deems appropriate,] cooperation [CAN: measures, where appropriate,] among the [NZ: relevant] competent authorities of the Parties [J: concerned with] [AUS/CH/US/MOR: responsible for] enforcement of intellectual property rights [Sing: concerned with enforcement of intellectual property rights]. Such [J: cooperation includes][Sing/CAN: measures may include][EU: cooperation shall include][US:may include] law enforcement cooperation with respect to criminal investigation of prosecution [J:concerning] [CAN: relating to] the offences covered by this Agreement and [J: border measures][CAN: cooperation at the border],[J: which mau be conducted bilaterally or multilaterally][US: which may be conducted bilaterally or multilaterally]. [EU: Particular attention shall be devoted to the circulation of IPR infringing goods detrimental to the health and safety.]

3. Each Party [J: shall][US: may], consistent with the [J: existing][AUS/CH/US/MOR: existing][US: domestic law and policy and the][J:international agreements and arrangements to which such Parti is a party][EU: consistent with the existing international agreements and arrangements to which such Party is a party], [J: conduct][CAN: undertake] enforcement cooperation [EU: foreseen][US: activities as provided][AUS: international cooperation as set out] in this Chapter [EU:, in line with the international agreements and arrangements to which such Party is a party.][US: Each Party may also conduct enforcement cooperation or provide assistance to another Party pursuant to other international agreements, arrangements, and practices, and in accordance with its domestic law and policies.]

[EU: 4. Nothing in this Chapter and Chapter 4 shall require any Party to disclose confidential information which would be contrary to its laws, regulations, policies, legal practices and applicable international agreements and arrangements, including laws protecting investigative techniques, right of privacy or confidential information for law enforcement, or otherwise be contrary to public interest, or would prejudice the legitimate commercial interests of particular enterprises, public or private.]

[US: 4. The Parties understand that obligations under this Chapter and Chapter 4 are subject to the domestic laws, policies, resource allocation and law enforcement priorities of each Party.]

ARTICLE 3.2: INFORMATION SHARING

1. [J: In order to ensure effective enforcement of the provisions of this Agreement,] [US/CAN: In order to ensure effective enforcement of the provisions of this Agreement,] each Party [{J: shall} {US: may} promote sharing or exchanging] [Sing: may, as it deems appropriate, share or exchange] with other Parties [J: of the following information] [Sing: of the following information] [EU: as appropriate and mutually agreed]:

(a) information collected by the Party under provisions of Chapter 4, including statistical data and information on best practices including those relating to [J: risk analysis][US: risk management]; and

(b) information on [CAN: the] development [MOR: and implementation] of legislative and regulatory measures [J: of the][CAN: by the] Party [US: related to the protection and enforcement of intellectual property rights]. [Sing: Delete subparagraph (b).]

For this purpose, the Parties shall endeavour to establish appropriate modalities including holding of periodical meetings. [Mor: Parties shall endeavor to establish an observatory as a tool for collecting information] [AUS/NZ/US: Delete this sentence.] [NZ: It is preference for this article to be developed into a separate general "Transparency" provision within ACTA that would apply "horizontally" across the Agreement, rather than having transparency obligations peppered throughout individual chapters.]

2. Each Party shall ensure, as appropriate and mutually agreed, [J: within the limits of {Sing: its} national legislation] [US: consistent with it's domestic laws], policies, [J: legal] [US:legal] practices, and applicable [J: existing][AUS/US: existing] international agreements and arrangements, [EU: within the limits of national legislation, policies, legal practices, and applicable existing international agreements and arrangements] that its competent authorities have the [J: ability] [US: authority] to provide the competent authorities of any other [J: Parties] [US: Party], either on request or on its own initiative, with information [{J:necessary to ensure} {NZ: to facilitate} {EU: to allow} a proper application of laws][US: necessary to ensure proper applivation of laws] concerning [CAN: application of laws concerning] enforcement of intellectual property rights and to prevent, investigate, [J: and repress acts of intellectual property right infringements][US: or prosecute infringement of Intellectual property rights][AUS: related to the enforcement of intellectual property rights][CAN: and to prevent, investigate, and repress acts of intellectual property right infringements]. [NZ: NZ has reserved its position on this Article until the nature/scope if the obligations in Article3.3.1 have been clarified.]

ARTICLE 3.3: CAPACITY BUILDING AND TECHNICAL ASSISTANCE

1. [EU: In order to facilitate the implementation of this Agreement or the accession thereto,][J: Developed contry][AUS: Developed country] Parties shall [AUS/CAN/CH/NZ/US: endeavour to] provide, on request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance[J: in improving enforcement of intellectual property rights,][CAN: focused on initiatives to combat the trade in counterfeit and pirated goods] in favour of developing country Parties to this Agreement and [US: , where appropriate,][J: for third countries][NZ: and for third countries][US: for third countries for countries not a Party to this Agreement.] [EU: Parties shall make all reasonable efforts to ensure that such capacity building and technical assistance are compatible and do not overlap with similar activities provided by international organizations active in the field of intellectual property.] [Sing: The provision of assistance under this Article and Articles 3.3.2 and 3.3.3 is subject to the availability of resources on the part of the donor Party.]

2. For the purpose of paragraph 1, [J: developed country] [AUS: developed country] Parties shall [Sing: , at the request of developing country Parties and on mutually agreed terms and conditions, ] work closely with [J: developing country] [AUS: other] Parties [US: and, where appropriate. countries not a Party to this Agreement or separate customs territories,] [J: to enact] [EU: implement and to] or strengthen their [J: domestic] [US: national] legislation as appropriate, and [CAN: enact or strengthen their domestic legislation; as appropriate, and] assist them in improving their national intellectual property law enforcement capacities through sharing best practices concerning intellectual property law enforcement and providing relevant technical training for enforcement officials. [NZ: NZ has reserved its position on this Article until the nature/scope of the obligations in Article 3.3.1. have been clarified]

3. [{ J: Developed country} {AUS/EU: Developed country} {MX: Developed and developing country} Parties] [US: Each Party] may undertake the obligations under this Article in conjunction with relevant private sector or international organizations.

[MOR: 4. Parties shall put in place a special allocation Fund to finance ACTA initiatives on capacity building and technical assistance]

[MOR: Parties shall, in the implementation and administration of this Agreement, take into account developing countries needs in the field of financing and technical assistance. In this respect, States Parties to the Agreement agree:

(a) To support, developing countries efforts, for the implementation of the Agreement and the integration of anti-counterfeiting and anti-hacking actions in national development strategies. This assistance shall be designed to help developing countries to harmonize their laws, to carry out their obligations and to exercise their rights as Members.

(b) To ensure predictable and sustainable financing.

(c) To promote coordination of technical assistance activities with the bilateral donors, WTO Secretariat, WIPO as well as with other relevant international intergovernmental institutions.

(d) States Parties shall review annually the implementation of this Article].

[MOR: 5. State parties shall endeavour to provide technical assistance in the following areas:

(a) Promoting the culture of intellectual property.

(b) Training professionals in charge of the protection of the rightholders involved in the protection of intellectual Property.

(c) Capacity building and experience sharing among institutions in charge of fighting counterfeiting and piracy.

(d) Tools for measuring the economic impact of counterfeiting on the market and evaluating the anti counterfeiting and anti-hacking actions.

(e) Conducting joint operations at the regional and international levels.

(f) Enforcement of laws regarding fighting counterfeiting and piracy trough the Internet.

Technical assistance shall be extended to all other types of actions facilitating the implementation and the applicability of the ACTA Agreement].