Anti-Counterfeiting Trade Agreement

pter III 
(Enforcement Practices), including statistical data and information on 
best practices; 
(b) information on its legislative and regulatory measures related to the 
protection and enforcement of intellectual property rights; and 
(c) other information as appropriate and mutually agreed. 
ARTICLE 35: CAPACITY BUILDING AND TECHNICAL ASSISTANCE 
1. Each Party shall endeavour to provide, upon request and on mutually agreed 
terms and conditions, assistance in capacity building and technical assistance in 
improving the enforcement of intellectual property rights to other Parties to this 
Agreement and, where appropriate, to prospective Parties. The 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 the 
enforcement of intellectual property rights; 
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(c) training of officials on the enforcement of intellectual property rights; 
and 
(d) coordinated operations conducted at the regional and multilateral levels. 
2. Each Party shall endeavour to work closely with other Parties and, where 
appropriate, non-Parties to this Agreement for the purpose of implementing the 
provisions of paragraph 1. 
3. A 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 between the activities described in this Article and other 
international cooperation activities. 
CHAPTER V 
INSTITUTIONAL ARRANGEMENTS 
ARTICLE 36: THE ACTA COMMITTEE 
1. The Parties hereby establish the ACTA Committee. Each Party shall be 
represented on the 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 any proposed amendments to this Agreement in accordance with 
Article 42 (Amendments); 
(d) decide, in accordance with paragraph 2 of Article 43 (Accession), upon 
the terms of accession to this Agreement of any Member of the WTO; 
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, or to assist a 
prospective Party upon its request in acceding to this Agreement in 
accordance with Article 43 (Accession); 
(b) seek the advice of non-governmental persons or groups; 
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(c) make recommendations regarding the implementation and operation of 
this Agreement, including by endorsing best practice guidelines related 
thereto; 
(d) share information and best practices with third parties on reducing 
intellectual property rights infringements, including techniques for 
identifying and monitoring piracy and counterfeiting; and 
(e) take other actions in the exercise of its functions. 
4. 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 the English language. 
5. The Committee shall adopt its rules and procedures within a reasonable period 
after the entry into force of this Agreement, and shall invite those Signatories not Parties 
to this Agreement to participate in the Committee’s deliberations on those rules and 
procedures. The rules and procedures: 
(a) shall address such matters as chairing and hosting meetings, and the 
performance of organizational duties relevant to this Agreement and its 
operation; and 
(b) may also address such matters as granting observer status, and any other 
matter the Committee decides necessary for its proper operation. 
6. The Committee may amend the rules and procedures. 
7. Notwithstanding the provisions of paragraph 4, during the first five years 
following the entry into force of this Agreement, the Committee’s decisions to adopt or 
amend the rules and procedures shall be taken by consensus of the Parties and those 
Signatories not Parties to this Agreement. 
8. After the period specified in paragraph 7, the Committee may adopt or amend 
the rules and procedures upon the consensus of the Parties to this Agreement. 
9. Notwithstanding the provisions of paragraph 8, the Committee may decide that 
the adoption or amendment of a particular rule or procedure requires the consensus of 
the Parties and those Signatories not Parties to this Agreement. 
10. 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 after the entry into force of this Agreement. 
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11. For greater certainty, the Committee shall not oversee or supervise domestic or 
international enforcement or criminal investigations of specific intellectual property 
cases. 
12. The Committee shall strive to avoid unnecessary duplication between its 
activities and other international efforts regarding the enforcement of intellectual 
property rights. 
ARTICLE 37: CONTACT POINTS 
1. Each Party shall designate a contact point to facilitate communications between 
the Parties on any matter covered by this Agreement. 
2. On the request of another Party, a Party’s contact point shall identify an 
appropriate office or official to whom the requesting Party’s inquiry may be addressed, 
and assist, as necessary, in facilitating communications between the office or official 
concerned and the requesting Party. 
ARTICLE 38: CONSULTATIONS 
1. A Party may request in writing consultations with another Party with respect to 
any matter affecting the implementation of this Agreement. The requested Party shall 
accord sympathetic consideration to such a request, provide a response, and afford 
adequate opportunity to consult. 
2. The consultations, including particular positions taken by consulting Parties, 
shall be kept confidential and be without prejudice to the rights or positions of either 
Party in any other proceeding, including a proceeding under the auspices of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes 
contained in Annex 2 to the WTO Agreement. 
3. The consulting Parties may, by mutual consent, notify the Committee of the 
result of their consultations under this Article. 
CHAPTER VI 
FINAL PROVISIONS 
ARTICLE 39: SIGNATURE 
This Agreement shall remain open for signature by participants in its 
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negotiation,17 and by any other WTO Members the participants may agree to by 
consensus, from 1 May 2011 until 1 May 2013. 
ARTICLE 40: ENTRY INTO FORCE 
1. This Agreement shall enter into force thirty days after the date of deposit of the 
sixth instrument of ratification, acceptance, or approval as between those Signatories 
that have deposited their respective instruments of ratification, acceptance, or approval. 
2. This Agreement shall enter into force for each Signatory that deposits its 
instrument of ratification, acceptance, or approval after the deposit of the sixth 
instrument of ratification, acceptance, or approval, thirty days after the date of deposit 
by such Signatory of its instrument of ratification, acceptance, or approval. 
ARTICLE 41: WITHDRAWAL 
A Party may withdraw from this Agreement by means of a written notification 
to the Depositary. The withdrawal shall take effect 180 days after the Depositary 
receives the notification. 
ARTICLE 42: AMENDMENTS 
1. A Party may propose amendments to this Agreement to the Committee. The 
Committee shall decide whether to present a proposed amendment to the Parties for 
ratification, acceptance, or approval. 
2. Any amendment shall enter into force ninety days after the date that all the 
Parties have deposited their respective instruments of ratification, acceptance, or 
approval with the Depositary. 
ARTICLE 43: ACCESSION 
17 Australia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the 
Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the 
European Union, the Republic of Finland, the French Republic, the Federal Republic of Germany, the 
Hellenic Republic, the Republic of Hungary, Ireland, the Italian Republic, Japan, the Republic of Korea, 
the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of 
Malta, the United Mexican States, the Kingdom of Morocco, the Kingdom of the Netherlands, New 
Zealand, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Singapore, the 
Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss 
Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of 
America. 
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1. After the expiration of the period provided in Article 39 (Signature), any 
Member of the WTO may apply to accede to this Agreement. 
2. The Committee shall decide upon the terms of accession for each applicant. 
3. This Agreement shall enter into force for the applicant thirty days after the date 
of deposit of its instrument of accession based upon the terms of accession referred to in 
paragraph 2. 
ARTICLE 44: TEXTS OF THE AGREEMENT 
This Agreement shall be signed in a single original in the English, French, and 
Spanish languages, each version being equally authentic. 
ARTICLE 45: DEPOSITARY 
The Government of Japan shall be the Depositary of this Agreement.