Section A. General Provisions and Principles
Article 17-01. Definitions
For purposes of this chapter:
Brussels Convention means the Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974);
Rome Convention: the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961;
Berne Convention means the Berne Convention for the Protection of Literary and Artistic Works (1971;
Geneva Convention: the Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms, 1971;
Paris Convention means the Paris Convention for the Protection of Industrial Property (1967);
Intellectual Property Rights means all categories of intellectual property that are the subject of protection under this chapter, as it is indicated;
Nationals of the other Party: in respect of the relevant intellectual property right, persons that would meet the criteria for eligibility for protection provided by the Berne Convention, the Geneva Convention, the Rome Convention, the Brussels Convention and, where appropriate, the Paris Convention;
Public: that includes, for purposes of copyright and related rights in relation to the rights of communication and execution of the works under articles 11, (i) and 11A 14.1.2 The Berne Convention, with respect to at least the dramático-musicales, drama, music, cinema, literary or artistic any group of individuals who seeks to steer and are able to receive communications or execution of works regardless of whether they are done at the same time and in the same place, or at different times and places, provided that the organisation is greater than a family and its immediate circle of acquaintances or who is not a group consisting of a limited number of individuals who are of the same type of foreign, which was not composed primarily for the purpose of receiving such executions Works and Communications; and
Encrypted programme-carrying satellite signal transmitting programmes: one in a form whereby the characteristics or visual, auditory or both, amending or alter to prevent the receipt by persons who lack of equipment that is designed to eliminate the effects of such amendment or modification of the Programme carried in that signal.
Article 17-02. Protection of Intellectual Property Rights
1. Each Party shall accord in its territory to nationals of the other party adequate and effective protection of intellectual property rights and ensure that measures to protect those rights do not become a barrier to legitimate trade.
2. Each Party shall accord in its domestic law more extensive protection of intellectual property rights than is required under this chapter, provided that such protection is not inconsistent with the same.
3. The parties may freely establish the appropriate method for implementing the provisions of this chapter, within the framework of its own legal system and practice.
Article 17-03. Provisions on the Subject
1. In order to provide adequate and effective protection of intellectual property rights, the Parties shall, at least, the provisions contained in this chapter and the substantive provisions of:
a) The Berne Convention for the Protection of Literary and Artistic Works (1971) (Berne Convention);
b) The Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms, 1971 (Geneva Convention);
c) The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961 Rome Convention);
d) The Paris Convention for the Protection of Industrial Property, 1967 (Paris Convention); and
e) The Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention (1974)
2. Under subparagraphs (a), (b) and (c) of paragraph 1, where a Party is not a party to the conventions referred to the date of Entry into Force of this Treaty shall apply the substantive provisions of the same as set out in the annex to this article.
Article 17-04. National Treatment
1. Each Party shall accord to nationals of the other party treatment no less favourable than it accords to its own nationals with regard to the protection and enforcement of intellectual property rights covered in this chapter, including patents, utility models and industrial designs, and, where appropriate, plant varieties, subject to the exceptions already provided for in the Berne Convention, the Rome Convention and the Paris Convention.
2. No party may require that a national of the other party, to comply with any conditions or formalities to acquire rights copyright or related rights, as a condition for the granting of National Treatment in accordance with this article.
Article 17-05. Exceptions
Each party may avail itself of the exceptions referred to in Article 17-04 in relation to its judicial and administrative procedures for the protection and enforcement of intellectual property rights, including the designation of a registered office or the appointment of an agent within the territory of the Party provided that such derogation:
a) This is necessary to ensure compliance with provisions that are not inconsistent with this chapter; and
b) Is not applied in a manner that would constitute a disguised restriction on trade.
Article 17-06. Most-favoured-nation Treatment
With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a party to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of the other party. this obligation shall be exempt from any advantage, favour, privilege or immunity granted by a Party that:
a) Deriving from international agreements on mutual legal assistance and law enforcement of a general nature and not limited in particular to the protection of intellectual property;
b) Have been granted in accordance with the provisions of the Berne Convention or the Rome Convention authorizing the treatment is not granted on the basis of national treatment but the treatment accorded in the other country; and
c) Concerning the rights of performers and producers of phonograms and broadcasting organisations which are not covered by this chapter.
Article 17-07. Control of Abusive or Anticompetitive Practices and Conditions
Each party may apply appropriate measures consistent with the provisions of this chapter, to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
Article 17-08. Cooperation to Eliminate Trade In Goods That Infringe Intellectual Property Rights
The Parties shall cooperate with a view to eliminating trade in goods infringing intellectual property rights. to this end, the Parties shall develop and shall disclose information centres, devoted to exchange information relating to trade in such goods.
Section B. Trademarks
Article 17-09. Subject Matter
1. A trademark may establish any sign or combination of signs capable of distinguishing the goods or services to a person of the other, as they sufficiently distinctive or likely to identify the goods or services to be applied against the same class or kind. trademarks and service shall include those of the community. it may include certification marks. each Party may establish, as a condition for the registration of a trademark that signs be visible or be represented graphically.
2. Notwithstanding paragraph 1, each Party may refuse, in accordance with its laws, the registration of a trademark that:
a) Incorporate, inter alia, national symbols or other public entities, national or international signs, words or expressions contrary to morality, public order or morality;
b) Misleading as to the quality, nature or origin; or
c) Suggest a connection with other marks that any risk of confusion or association.
3. The parties may make use of the possibility of registration. however, the application for registration shall not be subject to the condition of effective use of a trademark. no party shall refuse an application for registration solely on the grounds that the intended use has not taken place before the expiry of a period of three years from the date of application for registration.
4. The nature of the goods and services to which a trademark applies shall in no case obstacle for registration.
5. The parties shall publish each trademark before registration or promptly after it, in accordance with its laws, to provide interested persons a reasonable opportunity to object to register or to seek cancellation of the same.
Article 17-10. Rights Conferred
The holder of a registered trademark shall have the right to prevent all third parties not having the consent in trade, use identical or similar signs for goods or services which are identical or similar to those that has been registered trademark holder where such use generates a likelihood of confusion. it shall be presumed that there is likelihood of confusion where the use of an identical or similar signs for goods or services which are identical or similar. the rights described above shall not prejudice rights acquired prior and shall not affect the possibility of the Parties recognize rights on the basis of use.
Article 17-11. Well-known Trademarks
1. The parties, ex officio if its law so permits or at the request of the person concerned shall invalidate definitively, or refuse the registration and prohibit the use of a trademark or a service marks constituting the reproduction or translation, imitation, may create confusion, of a well-known mark and used for identical or similar goods. it is understood that a trademark is a well-known when a Party in a particular sector of the public or business of the party knows the mark as a result of commercial activities undertaken in a Party or outside it, by a person that use that trademark in relation to its goods or services. for the purpose of demonstrating the reputation of the trademark, may used all the evidence admitted in the Party concerned.
2. The Parties shall not be registered as a trademark identical or similar to those signs a well-known mark, to be applied to any good or service, when the use of a trademark by a person who requests registration could create a risk of confusion or association with the person that use that trademark in relation to its goods or services; constitutes an unfair advantage of the reputation of the trademark; or suggests a connection with the same, and could prejudice the interests of such person. this provision shall not apply where the applicant of the mark is the owner of the well-known mark in a party.
3. The person to initiate an action for annulment of the registration of marks granted contrary to paragraph 2, shall accredit have applied a party in the registration of the well-known trademark whose title claims.
Article 17-12. Exceptions
Each Party may provide limited exceptions to the rights conferred by a trademark, as the correct use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.
Article 17-13. Duration of Protection
The initial registration of a trademark shall be for a period of ten years from the date of the submission of the claim or the date of its issuance and may be extended indefinitely for further periods of ten years, provided that it satisfies the conditions for renewal.
Article 17-14. Use of the Trademark
1. Each Party shall require the use of a trademark to maintain a registration. it is understood that a trademark is in use where the goods or services that distinguishes this have been brought into trade or available on the market with such trademark in the quantity and normally, considering the nature of the goods or services and the procedures under which is placing on the market.
2. The registration may be cancelled or declared by outdated non-use only after an uninterrupted period of not more than five years immediately prior to the application for revocation or cancellation or declaration unless the trademark holder'proving valid reasons based on the existence of obstacles to such use. shall be recognised as valid reasons for the lack of use the circumstances arising independently of the will of the trademark owner that constitute an obstacle to the use of the same, such as import restrictions or other government requirements applicable to goods or services identified by the trademark.
3. For the purpose of maintaining the registration, shall recognize the use of a trademark by a person other than the trademark holder, where such use is subject to the control of the right holder.
Article 17-15. Other Requirements
In trade shall not impede the use of a trademark by special requirements, such as a use that reduces the trademark function as an indication of source or use a trademark or with another use in a manner that would impair the ability of the trademark for identifying the goods or services of one person from those of other persons.
Article 17-16. Licences and Assignment of Trademarks
Each Party may determine conditions on the licensing and assignment of trademarks. it shall not be permitted the Complusory Licenses of trademarks. the holder of a registered trademark shall have the right to B. with or without the transfer of the business which belongs to the trademark. however, each party may condition the release of the mark when it is part of the trade name of the alienator, in which case may only be transferred to the enterprise or establishment that identifies the name.
Section C. Geographical Indications of Source and Designations of Origin
Article 17-17. Protection of Geographical Indications or Provenance and Designations of Origin
1. For purposes of this chapter, designations of origin, geographical designation of a country or a region or locality which serves to identify a good as originating in the territory of a country or a region or locality in that territory, and the quality or characteristics of which are exclusively to the geographical environment, including natural and human factors.
2. For the same purpose, shall mean geographical indications of source or geographical name of a country, region or locality that is used in the production of a good to indicate their place of origin, provenance, collection, processing or extraction.
3. The protected designations of origin in a Party shall not be considered to be a common or generic or, as long as its protection in the country of origin.
4. The parties, ex officio if its law so permits or at the request of an interested party, shall invalidate or refuse the registration of a trademark which contains or consists of a geographical indication or designation of origin, with respect to goods not originating in the Territory, if the use of the indication in the trademark for those goods in that country, is such as to mislead the public as to the true origin.
Section D. Protection of Undisclosed Information
Article 17-18. Protection of Undisclosed Information
1. The Parties shall provide protection for industrial or commercial secrets, which are those that incorporates information of industrial or commercial application, kept confidential, means a person in order to obtain or retain a competitive advantage third-party economic activities.
2. Each Party shall ensure that the holder of an industrial or commercial secrecy provide the legal means to prevent the disclosure of secrets, acquired or used by others without the consent of the person lawfully in control of the information in a manner contrary to honest practices of trade, such as non-compliance of contracts, abuse of trust, incitement of the infringement and the acquisition of undisclosed information by third parties who knew, or who do not know through negligence, Acquisition implied such practices, to the extent that:
a) The secret information is, in the sense that as a body or in the precise configuration and composition of its components, is not generally known or easily accessible to persons circles that normally deal with the kind of information in question;
b) The information has commercial value because secret; and
c) In the circumstances, the person lawfully The control has taken reasonable steps to keep it secret.
3. For the protection, each Party may require that an industrial or commercial secrecy in documents or electronic, magnetic, optical disks, microfilms, films or other similar instruments.
4. No party may limit the duration of protection for industrial or commercial secrets, as long as the conditions described in subparagraphs (a), (b) and (c) of paragraph 2.
5. No party impede or discourage the voluntary licensing of industrial or commercial secrets by imposing excessive or discriminatory conditions on such conditions that licenses or dilute the value of industrial or commercial secrets.
6. If, as a condition for approving the marketing of goods or property farmoquímicos agrochemical using new chemical components, a party requires the submission of data on experiments or other information which have not been published and that are necessary to determine the safety and efficacy of the use of those goods, that Party shall protect such data submitted by persons, when the generation of such data involves considerable effort, except where the disclosure is necessary to protect the public or unless steps are taken to ensure that the data protection against unfair commercial use.
Section E. Copyright
Article 17-19. Copyright
1. Each Party shall protect the works covered by article 2 of the Berne Convention, including any other that embody original expression within the meaning of this term conferred by this Agreement, such as computer programmes and compilations of data by reason of the selection or arrangement, digest, disposal of their contents constitute intellectual creations.
2. The protection provided for compilations of data shall not extend to data or material in themselves, nor shall prejudice any copyright exists on such data or material.
3. Each Party shall provide to authors and their successors rights enumerated in the Berne Convention in respect of works referred to in paragraphs 1 and 2, including the right to authorize or prohibit:
a) The graphic;
b) The translation to any language or dialect;
c) Adaptation and inclusion in phonograms, films, videograms and other audiovisual works;
d) The communication to the public;
e) The reproduction by any means and in any form;
f) The first public distribution of the original and copy each of the work by sale, lease, loan or any other means;
g) Imports into the territory of a Party of copies of the work made without the authorization of the right holder; and
h) Any form of use, process or system known or unknown.
4. At least in respect of software, each Party shall provide to authors and their successors the right to authorize or prohibit the commercial rental to the public of the original and copies of their works protected by copyright.
5. In the case of software, it shall not be necessary for the authorization of the author or beneficiary when a copy of a computer program is not in itself the essential object of the rental.
6. Each Party shall provide that for copyright and related rights:
a) Any person acquiring or possesses economic rights and may freely transfer separately by contract for purposes of exploitation and enjoyment by the transferee; and
b) Any person acquiring or possesses such economic rights by virtue of a contract of employment contracts, including involving the creation of any type of works, phonograms and has the ability to exercise those rights in its own name and fully enjoy the benefits derived from those rights.
7. Each party circumscribed limitations or exceptions to the rights provided for in this article to certain special cases that do not impede the normal exploitation of the work nor entail unwarranted prejudice the legitimate interests of the right holder.
8. Copyrights are permanent throughout life. after his death, who have acquired a legitimate rights, shall be granted for a period of at least 50 years. where the term of protection of a work is calculated on a basis other than the life of a natural person, such period shall be:
a) No less than 50 years counted from the end of the calendar year of the authorized publication or dissemination of the work; or
b) In the absence of its publication or dissemination authorized, 50 years from the end of the year of the completion of the work.
Section F. Related Rights
Article 17-20. Performers
1. Each Party shall provide to performers the right to authorize or prohibit:
a) The fixation of their unfixed performances and the reproduction of fixations;
b) The communication to the public, transmission and broadcasting by wireless means; and
c) Any other form of use of their performances.
2. Paragraph 1 shall not be applicable once a performer has consented to incorporate their performance in a visual or audiovisual fixation.
Article 17-21. Producers of Phonograms
1. Each Party shall grant the Phonogram a producer of the right to authorize or prohibit:
a) The direct or indirect reproduction of the Phonogram;
b) Imports into the territory of the Party of the Phonogram copies made without the authorization of the producer; and
c) The first public distribution of the original and copy each of the Phonogram through sale, lease or any other means.
2. Each Party shall confer to producers of phonograms and all other holders of rights in the phonogram, as determined by its legislation; the right to authorize or prohibit the commercial rental to the public of the original copies of their Phonograms and protected. however, if at the Entry into Force of this Treaty, a party applies a system of equitable remuneration of holders of rights with respect to rental of phonograms, may maintain that system provided that such lease is not produced significant impairment of the exclusive right of reproduction of the right holders.
Article 17-22. Broadcasting Organisations
1. Each Party shall grant to broadcasting organizations the right to authorize or prohibit:
a) The fixing and reproduction of fixations of their broadcasts;
b) The further distribution, the broadcasting and communication to the public of their broadcasts; and
c) The receipt in connection with commercial activities of their broadcasts.
2. Infringements of the rights referred to in paragraph 1 shall cause of civil liability, whether or not combined with the criminal according to the legislation of each party.
Article 17-23. Term of Protection of Related Rights
The term of protection granted under this chapter to performers and producers of phonograms shall not be less than 50 years counted from the end of the calendar year in which the fixation was made or took place the interpretation or implementation. the term of protection to be granted to broadcasting organisations shall not be less than 20 years counted from the end of the calendar year in which the broadcast took place.
Article 17-24. Limitations or Exceptions to the Rights Related Thereto
1. The protection provided for in this chapter, in relation to the rights of performers and producers of phonograms and broadcasting organizations, shall not in any way the protection of copyright in literary or artistic or shall be construed to derogate from such protection.
2. Each party circumscribed limitations or exceptions to the rights provided for in this article to certain special cases that do not impede the normal exploitation of the phonogram, entail unwarranted nor prejudice the legitimate interests of the right holder to the extent permitted by the Rome Convention.
Article 17-25. Miscellaneous Provisions
1. Each Party may provide protection for the rights on:
a) Titles or heads of a cinematographic News newspaper, magazine, and, in general, any publication or dissemination on a regular basis;
b) Figures fictitious or symbolic in literary works, cartoons or in any periodical, when they are brought originality and are used or regularly;
c) Human characters characterization employees artistic performances, art names as artistic designations;
d) Graphic originals which are distinctive features of the work or in its collection and use;
e) Characteristics of promotions when an advertising originality brought except notices trade.
2. The term of protection of such rights shall be determined by the legislation of each party.
Section G. Enforcement of Intellectual Property Rights
Article 17-26. General Provisions
1. Each Party shall ensure that procedures are available under their law enforcement of intellectual property rights as provided in articles 17-27 the 17-30 that permit effective action against any act of infringement of intellectual property rights referred to in this chapter, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. these procedures shall be applied in such a way as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
2. Procedures concerning the enforcement of intellectual property rights shall be fair and equitable. these procedures shall not be unnecessarily complicated or burdensome, nor shall include timeframes unjustified or undue delay.
3. Decisions on the merits of a case shall be made in writing and shall contain the reasons on which it is based. at least these decisions shall be made available to the parties to the dispute, without undue delay; and be based only on evidence in respect of which it has given to the parties an opportunity to be heard.
4. It shall accord to the dispute to the parties an opportunity for review by a judicial authority of the final administrative decisions and at least the legal aspects of all trial judicial decisions on the merits of the case, subject to the provisions on jurisdiction of domestic laws concerning the importance of a case. however, there shall be no obligation to provide opportunity for review of acquittals in criminal cases.
5. It is understood that the enforcement of intellectual property rights does not impose any obligation to put in place a judicial system for the enforcement of intellectual property rights distinct from that already existing for the enforcement of law in general. it does not create any obligation with respect to the distribution of resources between the means to achieve the enforcement of intellectual property rights and the enforcement of law in general.
Article 17-27. Specific Procedural Aspects and Resources In Civil and Administrative Proceedings
1. Each Party shall make available to right holders civil judicial procedures for the defence of any intellectual property right covered by this chapter and shall provide that:
a) The defendants have the right to receive a written notification stating in sufficient detail the basis for the claim;
b) The parties to be authorized in a proceeding to be represented by independent legal counsel;