and that restrict acts in respect of, their works, performances, and phonograms, which
are not authorized by the authors, the performers or the producers of phonograms
concerned or permitted by law.
6. In order to provide the adequate legal protection and effective legal remedies
referred to in paragraph 5, each Party shall provide protection at least against:
(a) to the extent provided by its law:
(i) the unauthorized circumvention of an effective technological
measure carried out knowingly or with reasonable grounds to
know; and
(ii) the offering to the public by marketing of a device or product,
including computer programs, or a service, as a means of
circumventing an effective technological measure; and
(b) the manufacture, importation, or distribution of a device or product,
including computer programs, or provision of a service that:
(i) is primarily designed or produced for the purpose of
circumventing an effective technological measure; or
(ii) has only a limited commercially significant purpose other than
circumventing an effective technological measure. 15
7. To protect electronic rights management information, 16 each Party shall provide
adequate legal protection and effective legal remedies against any person knowingly
performing without authority any of the following acts knowing, or with respect to civil
remedies, having reasonable grounds to know, that it will induce, enable, facilitate, or
conceal an infringement of any copyright or related rights:
15 In implementing paragraphs 5 and 6, no Party shall be obligated to require that the design of, or the
design and selection of parts and components for, a consumer electronics, telecommunications, or
computing product provide for a response to any particular technological measure, so long as the product
does not otherwise contravene its measures implementing these paragraphs.
16 For the purposes of this Article, rights management information means:
(a) information that identifies the work, the performance, or the phonogram; the author of the work,
the performer of the performance, or the producer of the phonogram; or the owner of any right in
the work, performance, or phonogram;
(b) information about the terms and conditions of use of the work, performance, or phonogram; or
(c) any numbers or codes that represent the information described in (a) and (b) above;
when any of these items of information is attached to a copy of a work, performance, or phonogram, or
appears in connection with the communication or making available of a work, performance, or
phone gram to the public.
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