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- 5. Each Party shall provide adequate legal protection and effective legal remedies
- against the circumvention of effective technological measures that are used by authors,
- performers or producers of phonograms in connection with the exercise of their rights in,
- and that restrict acts in respect of, their works, performances, and phonograms, which
- are not authorized by the authors, the performers or the producers of phonograms
- concerned or permitted by law.
- 6 In order to provide the adequate legal protection and effective legal remedies
- referred to in paragraph 5, each Party shall provide protection at least against:
- (a) to the extent provided by its law:
- (i) the unauthorized circumvention of an effective technological
- measure carried out knowingly or with reasonable grounds to
- know; and
- (ii) the offering to the public by marketing of a device or product,
- including computer programs, or a service, as a means of
- circumventing an effective technological measure; and
- (b) the manufacture, importation, or distribution of a device or product,
- including computer programs, or provision of a service that:
- (i) is primarily designed or produced for the purpose of
- circumventing an effective technological measure; or
- (ii) has only a limited commercially significant purpose other than
- circumventing an effective technological measure. 15
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