SECTION 3.  COPYRIGHT AND RELATED RIGHTS


Article 21. [Obligations concerning technological measures]


[21.1. Each Party shall provide adequate legal protection and effective
legal remedies against the circumvention of effective technological 
measures that are used by authors, performers, producers of phonograms,
or broadcasting organizations in connection with the exercise of their 
rights under this Agreement or the Berne Convention and that restrict 
acts, in respect of their performances or phonograms, which are not 
authorized by the performers or the producers of phonograms concerned 
or permitted by law. ]

[21.1. 	In order to provide adequate legal protection and effective legal
remedies against the circumvention of effective technological measures 
that are used by authors, by performers, by producers of phonograms and 
their successors in interest in connection with the exercise of their 
rights and that restrict unauthorized acts in respect of their works, 
performances and phonograms, each Party shall provide that any person 
who
a)	knowingly, or having reasonable grounds to know, circumvents without
 authority any effective technological measure; or
b)	manufactures, imports, distributes, offers to the public, provides 
or otherwise traffics in devices, products or components or offers to 
the public or provides services, which:
i)	are promoted, advertised or marketed for the purpose of circumvention
of any effective technological measure, or
ii)	have only a limited commercially significant purpose or use other
than to circumvent any effective technological measure, or
iii)	are primarily designed, produced, adapted or performed for the 
purpose of enabling or facilitating the circumvention of any effective
technological measure; shall be guilty of an offense, and shall be 
liable, upon the suit of any injured party, to relief by way of damages, injunction, accounts or otherwise.
a)	The prohibition referred to in Article 21.1.b prohibits circumvention
of technological measures and does not require an affirmative response 
to such measures. This Article does not require that the design of, or
the design and selection of parts and components for, a consumer 
electronics, telecommunications or computing product provide for a 
response to any particular technological measure. This does not provide
a defense to a claim of violation of Article 21.1.b. 
b)	Each Party shall provide that a violation of the law implementing 
the provisions of this Article is independent of any infringement that 
might occur under the Party's law on copyright and related rights.] 


Note:  The text looks like the DMCA language, it incorporates all the prohibitions
but there are no exceptions such as traditional non-infringing use undertaken
by libraries, archives or other educational institutions.  There are no exceptions
for non-infringing reverse engineering.



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