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Article 11.69 (Suspension of the  Support  in  developing  capacity  of   CHAPTER 12
 Release  of  Suspected  Pirated  customs  authorities  of  Myanmar  to
 Copyright Goods or Counterfeit  effectively  check  pirated  copyright   ELECTRONIC COMMERCE
 Trademark Goods by Ex Officio  goods  and  counterfeit  trademark
 Action)   and   Article   11.70  goods  for  enforcement  by  ex  officio
 (Information  Provided  by  Right  action.           SECTION A
 Holders   to   Competent                      GENERAL PROVISIONS
 Authorities in Case of Ex Officio
 Action)
                       Article 12.1: Definitions
 Article  11.75  (Effective  Action  Support  for  the  operational  needs  of
 against  Infringement  in  the  Myanmar  to  take  effective  action   For the purposes of this Chapter:
 Digital Environment)   against  infringement  in  the  digital
 environment.                 (a)    computing  facilities  means  computer  servers  and
                                     storage devices for processing or storing information for
                                     commercial use;
 Viet Nam:
                              (b)    covered person means:

 Related Provisions   Technical Assistance   (i)   a “covered investment” as defined in subparagraph


 Subparagraphs 1(e) through (g)  1. Support in capacity building for:   (a) of Article 10.1 (Definitions);
 of  Article  11.9  (Multilateral
 Agreements),   Article   11.19   (a)  staff members involved in law   (ii)   an “investor of a Party” as defined in subparagraph
 (Trademarks  Protection),  and   amendment   processes   to   (e) of Article 10.1 (Definitions), but does not include
 paragraph  2  of  Article  11.22   cover sound mark protection;   an investor in a financial institution or an investor in
                                                                         1
 (Registration  and  Applications           a financial service supplier;  or
 of Trademarks)   (b)  trademark  examiners,  with
 respect to protection of sound      (iii)   a service supplier of a Party as defined in Article 8.1
 marks; and                                 (Definitions),

 (c)  information   technology       but  does  not  include  a  “financial  institution”,  a  “public
 experts,  with  respect  to         entity”, or a “financial service supplier”, as defined in Article
 maintenance   and                   1 (Definitions) of Annex 8A (Financial Services);
 development  of  electronic
 systems.                     (c)    electronic authentication means the process of verifying
                                     or  testing  an  electronic  statement  or  claim,  in  order  to
 2.  Providing expertise on accession to   establish a level of confidence in the statement’s or claim’s
 the  WCT,  the  WPPT,  and  the     reliability; and
 Marrakesh Treaty.

                              (d)    unsolicited commercial electronic message means an
                                     electronic  message  which  is  sent  for  commercial  or
                                     marketing purposes to an electronic address, without the


                       1  For greater certainty, an investor in a financial institution or an investor in a financial
                       service supplier may still be a “covered person” in relation to other investments that are
                       not in a financial institution or in a financial service supplier.




 11B-3                                                     12-1
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