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For the purposes of this Agreement, unless otherwise specified:

(a) ACTA means the Anti-Counterfeiting Trade Agreement;

(b) Committee means the ACTA Committee established under Chapter V (Institutional Arrangements);

(c) competent authorities includes the appropriate judicial, administrative, or law enforcement authorities under a Party's law;

(d) counterfeit trademark goods means any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question 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;

(e) country is to be understood to have the same meaning as that set forth in the Explanatory Notes to the WTO Agreement;

(f) customs transit means the customs procedure under which goods are transported under customs control from one customs office to another;

(g) days means calendar days;

(h) intellectual property refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the TRIPS Agreement;

(i) in-transit goods means goods under customs transit or transhipment;

(j) person means a natural person or a legal person;

(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;

(l) right holder includes a federation or an association having the legal standing to assert rights in intellectual property;

(m) territory, for the purposes of Section 3 (Border Measures) of Chapter II (Legal Framework for Enforcement of Intellectual Property Rights), means the customs territory and all free zones1 of a Party;

(n) transhipment means the customs procedure under which goods are transferred under customs control from the importing means of transport to the exporting means of transport within the area of one customs office which is the office of both importation and exportation;

(o) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property
Rights, contained in Annex 1C to the WTO Agreement;

(p) WTO means the World Trade Organization; and

(q) WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.


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