1
Each Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law the
infringement of copyright, as defined under the law of that Party, pursuant
to the obligations it has undertaken under the Paris Act of 24 July 1971
revising the Bern Convention for the Protection of Literary and Artistic
Works, the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the WIPO Copyright Treaty, with the exception of any moral
rights conferred by such conventions, where such acts are committed
wilfully, on a commercial scale and by means of a computer system.
2
Each Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law the
infringement of related rights, as defined under the law of that Party,
pursuant to the obligations it has undertaken under the International
Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organisations (Rome Convention), the Agreement on
Trade-Related Aspects of Intellectual Property Rights and the WIPO
Performances and Phonograms Treaty, with the exception of any moral
rights conferred by such conventions, where such acts are committed
wilfully, on a commercial scale and by means of a computer system.
3
A Party may reserve the right not to impose criminal liability under
paragraphs 1 and 2 of this article in limited circumstances, provided that
other effective remedies are available and that such reservation does not
derogate from the Party’s international obligations set forth in the
international instruments referred to in paragraphs 1 and 2 of this article.
Title 5 – Ancillary liability and sanctions
Article 11 –
Attempt and aiding or abetting
1
Each Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when
committed intentionally, aiding or abetting the commission of any of the
offences established in accordance with Articles 2 through 10 of the
present Convention with intent that such offence be committed.
2
Each Party shall adopt such legislative and other measures as may be
necessary to establish as criminal offences under its domestic law, when
committed intentionally, an attempt to commit any of the offences
established in accordance with Articles 3 through 5, 7, 8, and 9.1.a and c.
of this Convention.
3
Each Party may reserve the right not to apply, in whole or in part,
paragraph 2 of this article.
Article 12 –
1
Corporate liability
Each Party shall adopt such legislative and other measures as may be
necessary to ensure that legal persons can be held liable for a criminal
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