CHAPTER I
INITIAL PROVISIONS AND GENERAL DEFINITIONS
Section 1: Initial Provisions
ARTICLE 1 : RELATION TO OTHER AGREEMENTS
Nothing in this Agreement shall derogate from any obligation of a Party with
respect to any other Party under existing agreements, including the TRIPS Agreement.
ARTICLE 2: NATURE AND SCOPE OF OBLIGATIONS
1. Each Party shall give effect to the provisions of this Agreement. A Party may
implement in its law more extensive enforcement of intellectual property rights than is
required by this Agreement, provided that such enforcement does not contravene the
provisions of this Agreement. Each Party shall be free to determine the appropriate
method of implementing the provisions of this Agreement within its own legal system
and practice.
2. Nothing in this Agreement creates any obligation with respect to the distribution
of resources as between enforcement of intellectual property rights and enforcement of
law in general.
3. The objectives and principles set forth in Part I of the TRIPS Agreement, in
particular in Articles 7 and 8, shall apply, mutatis mutandis, to this Agreement.
ARTICLE 3: RELATION TO STANDARDS CONCERNING THE AVAILABILITY AND SCOPE OF
INTELLECTUAL PROPERTY RIGHTS
1. This Agreement shall be without prejudice to provisions in a Party’s law
governing the availability, acquisition, scope, and maintenance of intellectual property
rights.
2. This Agreement does not create any obligation on a Party to apply measures
where a right in intellectual property is not protected under its laws and regulations.
ARTICLE 4: PRIVACY AND DISCLOSURE OF INFORMATION
1. Nothing in this Agreement shall require a Party to disclose:
(a) information, the disclosure of which would be contrary to its law,
including laws protecting privacy rights, or international agreements to
E-2
Sezioni