Page 410 - Regional Comprehensive Economic Partnership (RCEP)
P. 410

in the market for that work, and recognising the need to deter such
                              harm, each Party shall adopt or maintain measures, which shall
                              at  a  minimum  include  appropriate  criminal  procedures  and
                                        65
                              penalties.


                                                    SUBSECTION 5
                                 ENFORCEMENT IN THE DIGITAL ENVIRONMENT


                       Article 11.75: Effective Action against Infringement in the Digital
                       Environment

                       Each  Party  confirms  that  the  enforcement  procedures  set  out  in
                       Subsection 2 (Civil Remedies) and Subsection 4 (Criminal Remedies)
                       shall be available to the same extent with respect to acts of infringement
                       of copyright or related rights and trademarks, in the digital environment.


                                                      SECTION K
                                       COOPERATION AND CONSULTATION


                       Article 11.76: Cooperation and Dialogue

                       1.     The  Parties  recognise  the  importance  of  the  utilisation  and
                              protection of intellectual property and enforcement of intellectual
                              property rights in further promoting trade and investment among
                              the Parties.

                       2.     The Parties acknowledge the significant differences in capacity
                              between some Parties in the area of intellectual property.

                       3.     To  facilitate  the  effective  implementation  of  this  Chapter,  each
                              Party shall cooperate with other Parties in the area of intellectual
                              property, and engage in dialogue and information exchange on
                              intellectual property issues.

                       4.     The  Parties  shall  endeavour  to  cooperate  in  order  to  promote
                              education and awareness regarding the effective utilisation and
                              protection of intellectual property and enforcement of intellectual
                              property rights.


                       65   For  the  purposes  of  this  paragraph,  a  Party  may  determine  specific  criminal
                       thresholds for unauthorised copying of a cinematographic work in accordance with its
                       laws and regulations.




                                                          11-40
   405   406   407   408   409   410   411   412   413   414   415