Common use of Capacity Building and Technical Assistance Clause in Contracts

Capacity Building and Technical Assistance. 1. Each Party shall endeavor 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 for Parties to this Agreement and, where appropriate, for prospective Parties to this Agreement. Such capacity building and technical assistance may cover such areas as: (a) enhancement of public awareness on intellectual property rights; (b) development and implementation of national legislation related to enforcement of intellectual property rights; (c) training of officials on enforcement of intellectual property rights; and (d) coordinated operations conducted at the regional and multilateral levels. 2. For the purposes of paragraph 1, each Party shall endeavor to work closely with other Parties and, where appropriate, countries or separate customs territories not a Party to this Agreement. 3. Each Party may undertake the activities described in this Article in conjunction with relevant private sector or international organizations. Each Party shall strive to avoid unnecessary duplication of the activities described in this Article with respect to other international efforts. CHAPTER FIVE INSTITUTIONAL ARRANGEMENTS ARTICLE 5.1: THE ACTA COMMITTEE 1. The Parties hereby establish the ACTA Committee, and each Party shall be represented on that 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 in accordance with Article 6.4 any proposed amendments to this Agreement; (d) approve in accordance with Article 6.5.2 the terms of accession to this Agreement of any Member of the WTO seeking to become Party to this Agreement; and (e) consider any other matter that may affect the implementation and operation of this Agreement. 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, as well as, upon request, to assist prospective parties in joining this Agreement; (b) seek the advice of non-governmental persons or groups; (c) make recommendations regarding implementation and operation of the Agreement, including endorsing best practice guidelines related thereto; (d) share with third parties information and best practices on reducing intellectual property rights infringements, including techniques for identifying and monitoring piracy and counterfeiting; and (e) take such other action in the exercise of its functions as the Committee may decide. (a) The Committee shall adopt its rules and procedures within a reasonable period of time after entry into force of the Agreement, and shall invite those signatories that are not yet Parties to participate in the Committee’s deliberations on rules and procedures. (i) Such rules and procedures shall include provisions with respect to chairing and hosting meetings, performance of organizational duties relevant to the Agreement and its operation, (ii) Such rules and procedures may include provisions with respect to granting observer status, and any other matter the Committee decides necessary for its proper operation. (b) The Committee may amend the rules and procedures. (c) Notwithstanding paragraph 5, during the first five years following entry into force of the Agreement, the Committee may adopt or amend its rules or procedures upon the consensus of the signatories, including those signatories that are not yet Parties to the Agreement. (d) After the period specified in subparagraph (c), the Committee may adopt or amend rules or procedures upon the consensus of the Parties to the Agreement. (e) Notwithstanding subparagraph (d), the Committee may decide that the adoption or amendment of a particular rule or procedure requires consensus of the signatories, including those signatories that are not yet Parties to the Agreement. 5. All decisions of the Committee shall be taken by consensus, except as the Committee may otherwise decide by consensus. The committee shall 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. English shall be the working language of the Committee and the documents supporting its work shall be in English. 6. 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 of time after entry into force of this Agreement, pursuant to Article 6. 7. For greater certainty, the Committee shall not oversee or supervise domestic or international enforcement or criminal investigations of specific intellectual property cases. 8. The Committee shall strive to avoid unnecessary duplication of other international efforts regarding the enforcement of intellectual property rights. ARTICLE 5.2: CONTACT POINTS 1. Each Party shall designate a contact point to facilitate communications among the Parties on any matter covered by this Agreement. 2. On the request of a Party, the contact point of another Party shall identify an appropriate office or official and assist, as necessary, in facilitating communication between the office or official concerned and the requesting Party.

Capacity Building and Technical Assistance. 1. Each Party shall endeavor to provide, provide on request and on mutually agreed terms and conditions, assistance in capacity building and technical assistance in improving enforcement of intellectual property rights for Parties to this Agreement and, where appropriate, for prospective Parties to this Agreement. Such capacity building and technical assistance may cover such areas as: (a) enhancement of public awareness on intellectual property rights; (b) development and implementation of national legislation related to enforcement of intellectual property rights; (c) training of officials on enforcement of intellectual property rights; andand 36 Subject to scope. (d) coordinated operations conducted at the regional and multilateral levels. 2. For the purposes of paragraph 1, each Party shall endeavor to work closely with other Parties and, where appropriate, countries or separate customs territories not a Party to this Agreement. 3. Each Party may undertake the activities described in this Article in conjunction with relevant private sector or international organizations. Each Party shall strive to avoid unnecessary duplication of the activities described in this Article with respect to other international efforts. efforts.37 CHAPTER FIVE INSTITUTIONAL ARRANGEMENTS ARTICLE 5.1: THE ACTA COMMITTEE 1. The Parties hereby establish the ACTA Committee, Committee and each Party shall be represented on that 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 in accordance with Article 6.4 any proposed amendments to this Agreement; (d) approve in accordance with Article 6.5.2 the terms of accession to this Agreement of any Member of the WTO seeking to become Party to this Agreement; and (e) consider any other matter that may affect the implementation and operation of this Agreement. 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, as well as, upon request, to assist prospective parties in joining this Agreement; (b) seek the advice of non-governmental persons or groups; (c) make recommendations regarding implementation and operation of the Agreement, including endorsing best practice guidelines related thereto; (d) share with third parties information and best practices on reducing intellectual property rights infringements, including techniques for identifying and monitoring piracy and counterfeiting; and (e) take such other action in the exercise of its functions as the Committee may decide. 37 Language to be reviewed by legal experts. (a) The Committee shall adopt its rules and procedures within a reasonable period of time after entry into force of the Agreement, and shall invite those signatories that are not yet Parties to participate in the Committee’s 's deliberations on rules and procedures. (i) Such rules and procedures shall include provisions with respect to chairing and hosting meetings, performance of organizational duties relevant to the Agreement and its operation, (ii) Such rules and procedures may include provisions with respect to granting observer status, and any other matter the Committee decides necessary for its proper operation. (b) The Committee may amend the rules and procedures. (c) Notwithstanding paragraph 5, during the first five years following entry into force of the Agreement, the Committee may adopt or amend its rules or procedures upon the consensus of the signatories, including those signatories that are not yet Parties to the Agreement. (d) After the period specified in subparagraph (c), the Committee may adopt or amend rules or procedures upon the consensus of the Parties to the Agreement. (e) Notwithstanding subparagraph (d), the Committee may decide that the adoption or amendment of a particular rule or procedure requires consensus of the signatories, including those signatories that are not yet Parties to the Agreement. 5. All decisions of the Committee shall be taken by consensus, except as the Committee may otherwise decide by consensus. The committee shall 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. English shall be the The working language of the Committee and the documents supporting its work shall be in English. 6. 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 of time after entry into force of this Agreement, pursuant to Article 66.2.1. 7. For greater certainty, the Committee shall not oversee or supervise domestic or international enforcement or criminal investigations of specific intellectual property cases. 8. The Committee shall strive to avoid unnecessary duplication of other international efforts regarding the enforcement of intellectual property rights. ARTICLE 5.2: CONTACT POINTS 1. Each Party shall designate a contact point to facilitate communications among the Parties on any matter covered by this Agreement. 2. On the request of a Party, the contact point of another Party shall identify an appropriate office or official and assist, as necessary, in facilitating communication between the office or official concerned and the requesting Party.