1. Each Party shall ensure that enforcement procedures, to the extent set forth in
Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its
law so as to permit effective action against an act of infringement of intellectual
property rights which takes place in the digital environment, including expeditious
remedies to prevent infringement and remedies which constitute a deterrent to further
infringements.
2. Further to paragraph 1, each Party’s enforcement procedures shall apply to
infringement of copyright or related rights over digital networks, which may include the
unlawful use of means of widespread distribution for infringing purposes. These
procedures shall be implemented in a manner that avoids the creation of barriers to
legitimate activity, including electronic commerce, and, consistent with that Party’s law,
preservels3 fundamental principles such as freedom of expression, fair process, and
pnvacy.
3. Each Party shall endeavour to promote cooperative efforts within the business
community to effectively address trademark and copyright or related rights infringement
while preserving legitimate competition and, consistent with that Party’s law,
preserving fundamental principles such as freedom of expression, fair process, and
pnvacy.
4. A Party may provide, in accordance with its laws and regulations, its competent
authorities with the authority to order an online service provider to disclose
expeditiously to a right holder information sufficient to identify a subscriber whose
account was allegedly used for infringement, where that right holder has filed a legally
sufficient claim of trademark or copyright or related rights infringement, and where
such information is being sought for the purpose of protecting or enforcing those rights.
These procedures shall be implemented in a manner that avoids the creation of barriers
to legitimate activity, including electronic commerce, and, consistent with that Party’s
law, preserves fundamental principles such as freedom of expression, fair process, and
pnvacy.
5. Each Party shall provide adequate legal protection and effective legal remedies
against the circumvention of effective technological measures14 that are used by authors,
performers or producers of phonograms in connection with the exercise of their rights in
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’3 For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for
limitations on the liability of, or on the remedies available against, online service providers while
preserving the legitimate interests of right holder.
’4 For the purposes of this Article, technological measures means any technology, device, or component
that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works,
performances, or phonograms, which are not authorized by authors, performers or producers of
phonograms, as provided for by a Party’s law. Without prejudice to the scope of copyright or related
rights contained in a Party’s law, technological measures shall be deemed effective where the use of
protected works, performances, or phonograms is controlled by authors, performers or producers of
phonograms through the application of a relevant access control or protection process, such as encryption
or scrambling, or a copy control mechanism, which achieves the objective of protection.
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