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Negotiations between the EU and Singapore on a free trade agreement started in March 2010. On 16 December 2012, EU Trade Commissioner Karel De Gucht and Singapore's Minister of Trade and Industry Lim Hng Kiang completed final negotiations on the EU-Singapore Free Trade Agreement (ESTA). The EU and Singapore released this text on 20 September 2013.


ESTA covers numerous issues, including protection of "intellectual property" in its chapter 11. Some articles of this chapter are directly copied from ACTA.


Definition

ACTA

Article 5

(k) pirated copyright goods means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country in which the procedures set forth in Chapter II (Legal Framework for Enforcement of Intellectual Property Rights) are invoked;
ESTA

Article 11.48

(d) “pirated copyright goodsmeans any goods which are copies made without the consent of the right holder or of a person duly authorised by the right holder in the country of production, and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the domestic law of the Party where the goods are;

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Damages

ACTA

Article 9

1. Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority to order the infringer who, knowingly or with reasonable grounds to know, engaged in infringing activity to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement. In determining the amount of damages for infringement of intellectual property rights, a Party’s judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.
ESTA

Article 11.4

1. Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities have the authority to order the infringer who, knowingly or with reasonable grounds to know, engaged in infringing activity to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement.

2. In determining the amount of damages for infringement of intellectual property rights, a Party’s judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.

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DRM

ACTA

Article 27

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.


7. To protect electronic rights management information, 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:

  • (a) to remove or alter any electronic rights management information;
  • (b) to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.
ESTA

Article 11.9

2. In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 1, each Party shall provide protection at least against:

  • (a) to the extent provided by its domestic law:
    • (i) the unauthorised 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. [...]


Article 11.10

1. To protect electronic rights management information, 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. Such following acts are:

  • (a) to remove or alter any electronic rights management information;
  • (b) to distribute, import for distribution, broadcast, communicate, or make available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.

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