Page:United States Statutes at Large Volume 115 Part 3.djvu/644

 115 STAT. 2718 PROCLAMATION 7449^JUNE 8, 2001 Each Party shall confine limitations or exceptions to therightsprovided for in this Article to certain special cases thatdo not conflict with a normal exploitation of the work, and do not unreasonably prgudice the le^mate interests of the right holder. Artide 5 Protection of Encrypted Program-Carrying SateBite Signals 1. For serious violations involving the protection of encrypted program-carrying satellite signals, each Party shall make available appropriate remedies, including civil and criminal remedies 2. Serious violations involving the protection of encrypted program-carrying satellite signals diall include the following: A. The manubcture, assembly, modification, or distribution (includingimport, export, sale or lease) of a device or system, by any person knowing or having reason to know that the device or system is primarily of assistance in the unauthorized decoding of an encrypted program-carrying satellite signal, and B. The willful receipt orfurtherdistribution of an encrypted program-carrying satellite signal that hasbeen decoded without the authorization of the lawiiil distributor of the signal (regardless of the location of such person) or of any other person or persons designated by the original transmitter as authorized distributors of such signal in such Party. 3 Each Party shall provide that civil remedies provided for pursuant to paragraph 1 of this Article shall be available to any person that holds an interest in the encrypted programcarrying satellite signal or the content thereof Article 6 Trademarks For the purposes of this Agreement, a trademark consists of any sign, or any combination of signs, capable of distinguishing the goods or services of one person from those of another, including words, personal names, designs, letters, numerals, combinations of colors, figurative dements or the shape ofgoods or of theirpackaging Trademarks shall include service marks, collective marks and certification marks Each Party shaO provide to the owner of a registered trademark therightto prevent yt persons not having the Owner's consent from using in eemmerce identical or similar signs for goods or services that are identical, or similar to those goods or services in respect of fe

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