60. Article QQ.H.7: {Criminal Procedures and Remedies / Criminal Enforcement}180
1.Each Party shall provide for criminal procedures and penalties to be applied at least in cases
of willful trademark counterfeiting or copyright or related rights piracy on a commercial
scale. {For the purposes of this Article, [US propose, CA/MY oppose: such acts of [NZ:
willful] copyright or related rights piracy {on a commercial scale} include at least:] [CA/
MY propose: In respect of copyright or related rights piracy, acts carried out on a
commercial scale include at least:] [CL propose:181] [182]
(a) acts carried out for commercial advantage or financial gain[CA propose:183]; and
(b) significant acts [CA oppose: of copyright or related rights piracy], not carried out for
commercial advantage or financial gain, that have a substantial prejudicial impact on the
interests of the copyright or related rights owner in relation to the marketplace.} [AU
propose:184]
[The following paragraph is to be deleted and replaced with subparagraph (a): 2. Each Party
shall provide that criminal procedures and penalties are available against willful
infringement of copyright or related rights carried out for commercial advantage or
{financial gain185}.]
61. Article QQ.H.7: {Criminal Procedures and Remedies / Criminal Enforcement}180
6. (h) [VN oppose: that its competent authorities may act upon their own initiative to initiate
a legal action without the need for a formal complaint by a private party or right holder.
[JP propose:204]]
204 [JP propose: With regard to copyright and related rights piracy, a Party may limit
application of this provision to the cases where there is an impact on the right holder's
ability to exploit the work in the market.] Negotiator's Note: JP's support of this provision
is conditioned upon acceptance of this footnote.