1. Members shall give effect to the provisions of this Agreement. Members may, but shall not be obliged to, implement in their law more extensive protection than is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement. Members shall be free to determine the appropriate method of implementing the provisions of this Agreement within their own legal system and practice.
For the purposes of this Agreement, the term “intellectual property” refers to all categories of intellectual property that are the subject of Section I through 7 of Part II.
Members shall accord the treatment provided for in this Agreement to the nationals of other Members. In respect of the relevant intellectual property right, the national of other Members shall be understood as those natural or legal persons that would meet the criteria for eligibility for protection provided for in the Paris Convention (1967), the Berne Convention (1971), the Rome Convention and the Treaty on Intellectual Property in Respect of Integrated Circuits, were all Members of the WTO members of those conventions. Any Member availing itself of the possibilities provided in Paragraph 3 of Article 5 or Paragraph 2 of Article 6 of the Rome Convention shall make a notification as foreseen in those provisions to the Council for Trade-Related Aspects of Intellectual Property Rights (the “Council for TRIPS”).
2. Criminal law is distinctive for the uniquely serious potential consequences of failure to abide by its rules. Every crime is composed of criminal elements. An element of a crime (collectively called elements of crime) is a basic set of common law principles regarding criminal liability that, with few exceptions, constitute the essential elements to prove that the defendant committed a crime under United States law. The jury must be convinced beyond a reasonable doubt that the defendant committed each element of the particular crime charged before deciding on a guilty verdict. The component parts that make up any particular crime vary depending on the crime. The basic components are mental state (Mens rea), conduct (Actus reus), concurrence and causation. However, the two necessary elements that must coexist for a crime to exist is that the defendant must have committed an act and that act must have been committed intentionally.
