Mexico - Nicaragua FTA (1997)
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c) The procedures do not impose unreasonable mandatory requirements of personal appearances;

d) All parties in a proceeding are duly empowered to support its claims and submit relevant evidence; and

e) The procedures include a means to identify and protect confidential information.

2. Each Party shall provide that its judicial authorities have the authority to:

a) Order, where a Party in a proceeding has presented sufficient evidence to which is reasonably available as a basis for their arguments, and has identified some evidence relevant to the substantiation of its claims that is within the control of the counterpart, the latter provide such evidence, subject to any conditions that ensure the protection of confidential information;

b) Preliminary or final orders, whether positive or negative, where a Party in a proceeding voluntarily and without good reason refuses access to evidence, or does not provide relevant evidence under their control within a reasonable period or significantly impedes a proceeding relating to a case of Protection of Intellectual Property Rights. such decisions shall be made on the basis of the evidence, including the complaint or the arguments presented by the party adversely affected by the denial of access to evidence provided that is granted to the parties an opportunity to be heard on the allegations or evidence;

c) Order a party in a proceeding to desist from an alleged infringement until the final resolution of the case, including to prevent the imported goods that involve the infringement of an intellectual property right from entering into trade channels of its jurisdiction. this will be implemented at least immediately after customs clearance of such goods;

d) Order the infringer of an intellectual property right holder of the right to pay adequate compensation as compensation for damages the right holder has suffered as a result of the infringement the infringer knew where that was engaged in an activity infringing or having reasonable grounds to know;

e) Order the infringer of an intellectual property right to cover expenses incurred by the right holder, which may include appropriate attorney fees; and

f) Order a party in a proceeding at whose request measures were taken and who has abused defence procedures to provide adequate compensation to any party wrongfully put or restricted in the proceeding for the injury suffered because of such abuse and to pay the costs of that Party, which may include appropriate attorney fees.

3. With respect to the authority referred to in subparagraph (c) of paragraph 2, no party shall be obliged to accord such authority with respect to the subject matter that had been acquired and ordered by a person before that person knew that when dealing with the matter would involve the infringement of an intellectual property right or having reasonable grounds to know.

4. With respect to the authority referred to in subparagraph 2 (d), each Party may, at least with respect to protected by copyright works, phonograms and to provide to the judicial authorities may order the recovery of profits or the payment of damages predetermined, or both, even where the infringer did not know that was engaged in an activity infringing or having reasonable grounds to know.

5. Each Party shall provide that in order to effectively deter violations, its judicial authorities have the authority to order that:

a) Goods that they have found to infringe intellectual property rights are without compensation of any kind, withdrawn the channels of commerce in such a manner as to avoid any injury to the right holder or destroyed provided that it is not contrary to the constitutional provisions; and

b) Materials and tools that have been predominantly used in the production of goods subject to offences are without compensation of any kind, withdrawn the channels of commerce in such a manner as to minimize the risks of subsequent infringements.

6. In considering the issuance of orders referred to in paragraph 5, the judicial authorities of each Party shall take into account the proportionality between the seriousness of the infringement and the measures ordered as well as the interests of other persons, including by the right holder. in regard to the simple counterfeit goods removal of the trademark unlawfully affixed shall not be sufficient to permit the customs clearance of goods, except in exceptional cases such as those in which the authority available to charitable donation.

7. With regard to the application of any law pertaining to the protection or enforcement of intellectual property rights each Party shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or provisions in good faith in the course of the administration of such laws.

8. Without prejudice to articles 17-26 the 17-30, where a Party is sued by the infringement of an intellectual property right as a result of the use, by or on behalf of that right, that Party may establish a single remedies available against payment of adequate compensation to the right holder, depending on the circumstances of the case, taking into account the economic value of the use.

9. Each Party shall provide that where it can be ordered civil reparation as a result of administrative procedures on the merits of a case, such procedures shall conform to principles which are substantially equivalent to those set out in this article.

10. Subparagraphs (a) and (b) of paragraph 2 and paragraph 9 shall apply taking into account as set out in the annex to this article.

Article 17-28. Precautionary Measures

1. Each Party shall provide that its judicial authorities have the authority to order provisional measures: prompt and effective

a) Prevent any infringement of an intellectual property right and in particular to prevent the introduction of goods subject to the alleged infringement in trade within its jurisdiction, including measures to prevent the entry of imported goods at least immediately after customs clearance; and

b) To preserve relevant evidence relating to the alleged infringement.

2. Each Party shall provide that its judicial authorities have the authority to order the applicant for provisional measures to provide any available evidence reasonably to access and that they consider necessary to determine, with a sufficient degree of certainty whether:

a) The applicant is the right holder;

b) The applicant's right is being infringed or such infringement is imminent; and

c) Any delay in the issuance of such measures is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

3. For purposes of paragraph 2, each Party shall provide that its judicial authorities have the authority to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.

4. Each Party shall provide that its competent authorities have the authority to require an applicant for provisional measures to provide any information necessary for the identification of the relevant goods by the authority that performs precautionary measures.

5. Each Party shall provide that its judicial authorities have the authority to order precautionary measures that does not give hearing counterpart in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

6. Each Party shall provide that where provisional measures are adopted by the judicial authorities of that party that does not provide counterpart hearing to:

a) The person affected shall be given notice of those measures without delay and no later than immediately after the execution of the measures; and

b) The respondent, upon request, obtain judicial review of measures by the judicial authorities of that Party for the purpose of deciding, within a reasonable period after notice of those measures, if they shall be amended, revoked or confirmed.

7. Without prejudice to paragraph 6, each Party shall provide that, at the request of the defendant, its judicial authorities shall revoke or otherwise cease without effect precautionary measures taken pursuant to paragraphs 1 to 5, if proceedings leading to a decision on the merits of the case are not:

a) Within a reasonable period as determined by the judicial authority ordering the measures where the legislation of the party so permits; or

b) In the absence of such determination, within a period of no more than 20 working days or 31 calendar days, whichever is longer.

8. Each Party shall provide that where the provisional measures are revoked when lapse by action or omission of the applicant or when the judicial authorities subsequently determined that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities have the authority to order the applicant, at the request of a respondent to provide the appropriate compensation for any injury caused by these measures.

9. Each Party shall provide that where a provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles which are substantially equivalent to those set out in this article.

Article 17-29. Criminal Procedures and Penalties

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copies protected by copyright on a commercial scale. each Party shall provide that applicable penalties include imprisonment and / or monetary fines that are sufficient deterrent and consistent with the level of penalties applied for crimes of a corresponding gravity.

2. Each Party shall provide that its judicial authorities may order the forfeiture of infringing and destruction of any goods and materials and tools that have been predominantly used in the commission of the wrongful.

3. For purposes of paragraph 2, the judicial authorities shall take into account, when considering the issuance of such orders, proportionality between the seriousness of the infringement and the measures ordered as well as the interests of other persons by including the right holder. in regard to the simple counterfeit goods removal of the trademark unlawfully affixed shall not be sufficient to permit the release of the goods, except in exceptional cases, such as those in which the authority available to charitable donation.

4. Each Party shall provide for criminal procedures and penalties in cases of infringement of Intellectual Property Rights other than those referred to in paragraph 1, when committed with malice and on a commercial scale.

Article 17-30. Protection of Intellectual Property Rights at the Border

1. Each Party shall, in accordance with this article, the procedures enabling right holder who has valid grounds for suspecting that may occur the importation of counterfeit or pirated goods related to trademarks, copyrights or submit a written request to the competent authorities, whether administrative or judicial, for which the Customs Authority suspends the free movement of such goods. no party shall be obligated to such procedures apply to goods in transit. each Party shall authorize the submission of an application of this nature in respect of goods that involve other infringements of Intellectual Property Rights, provided that they comply with the requirements of this article. each Party shall also establish similar procedures for suspension by the customs authorities of the customs clearance of goods destined for exportation from its territory.

2. Each Party shall provide that its competent authorities have the authority to require any applicant who initiates procedures under paragraph 1 to provide adequate evidence to:

a) The competent authorities of the importing Party shall ensure that may be presumed to be an infringement of intellectual property rights in accordance with its laws; and

b) In order to provide a sufficiently detailed description of the goods to make them readily recognizable by the customs authorities.

3. Each Party shall provide that its competent authorities notify the actor within a reasonable period whether they have accepted the application and, when the competent authorities who is established by the customs authorities.

4. Each Party shall provide that its competent authorities have the authority to require an applicant under paragraph 1 to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. such security assurance or equivalent, shall not unduly deter the applicant for recourse to these procedures.

5. Each Party shall provide that the owner, importer or consignee of goods involving industrial or commercial secrets, shall have the right to obtain the customs clearance, subject to the lodging of a security or equivalent assurance in an amount sufficient to protect the right holder against any infringement, provided that:

a) As a result of an application made in accordance with the procedures of this article has been suspended by the customs authorities of the release for free circulation of such goods, not based on a resolution issued by a judicial or other independent authority;

b) The period defined in paragraphs 8, 9, 10 and 11 has expired without the competent authority has issued a temporary suspension measure; and

c) Have been complied with all other conditions for importation.

6. The payment of a deposit or guarantee referred to in paragraph 5 shall not prejudice any other remedy available to the right holder and shall be refunded if the right holder does not exercise its action within a reasonable time.

7. Each Party shall provide that its competent authority to promptly notify the importer and the applicant for the suspension by the customs clearance of goods in accordance with paragraph 1.

8. Each Party shall provide that its Customs Authority to customs clearance of goods provided that all other conditions for importation, exportation or if within a period not exceeding 10 working days after it has been served notice of the suspension by the applicant, the customs authorities have not been informed that:

a) A Party other than the defendant has initiated proceedings leading to a decision on the merits of the case; or

b) The competent authority empowered to the effect that has taken provisional measures prolonging the suspension of customs clearance of goods.

9. For purposes of paragraph 8, each Party shall provide that its customs authorities have the authority to extend, where appropriate, the suspension of customs clearance of goods for another ten working days.

10. If it has initiated proceedings leading to a decision on the merits of the case, at the request of the respondent shall, within a reasonable time, to a review. this review will include the respondent's right to be heard, for the purpose of deciding whether such measures should be amended, revoked or confirmed.

11. Without prejudice to paragraphs 8, 9 and 10, when the suspension of customs clearance takes place or continued in accordance with a provisional judicial measure shall apply the provisions of paragraph 7 of Article 17-28.

12. Each Party shall provide that its competent authorities have the authority to order the applicant under paragraph 1 to pay the importer, the consignee and the owner of the goods appropriate compensation for any injury and damage caused by the improper detention of goods or through the detention of goods which have been released pursuant to paragraphs 8 and 9.

13. Without prejudice to the protection of confidential information, each Party shall provide that its competent authorities have the power to grant:

a) The right holder sufficient opportunity to inspect any asset held by the customs authorities to substantiate its claim; and

b) An opportunity equivalent to the importer to inspect goods.

14. Where the competent authorities have made a positive decision on the merits of the case, each Party shall accord to these authorities have the authority to give the right holder of the names and addresses of the consignor and the importer and the consignee, as well as the quantity of the goods in question.

15. Where a party requires its competent authorities to act on their own initiative and to suspend the release of goods in respect of which they have the evidence that at first sight suggest that infringe an intellectual property right:

a) The competent authorities may at any time seek from the right holder any information that may help them in the exercise of such power;

b) The importer and the right holder shall be notified of the suspension, promptly, by the competent authorities of the party. when the importer has requested a review of the suspension by the competent authorities, such suspension shall be subject to the changes leading to the provisions in paragraphs 8, 9, 10 and 11; and

c) The Party shall only exempt public authorities and officials from liability to appropriate remedial measures where actions or prepared in good faith.

16. Without prejudice to other actions that correspond to the right holder and subject to the right of the defendant to request a review by a judicial authority, each Party shall provide that its competent authorities have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in paragraphs 5 and 6 of Article 17-27. in regard to counterfeit goods, the authorities shall not allow, except in exceptional circumstances, that these are re-exported in the same state or subject to a separate customs procedure.

17. Each Party may exclude from the application of paragraphs 1 to 16, small quantities of goods of a non-commercial nature and forming part of Travellers' personal luggage or sent in small consignments not repeated.

18. This article shall be taken into account as set out in the annex to the Agreement.

Article 17-31. Protection of Programme-carrying Satellite Signals.

Within one year following the Entry into Force of this Treaty, each Party shall, as a result of civil liability, whether or not combined with the criminal, in accordance with its laws, the manufacture, import, sale, lease or any act that would have a system or device that is primarily of assistance in decoding an encrypted programme-carrying satellite signal without the authorization of the lawful distributor of such signal.

Section H. Technical Cooperation

Article 17-32. Technical Cooperation

The Parties shall grant technical cooperation in terms of the annex to this article.

Annex to Article 17-03. Conventions on intellectual property

Nicaragua make every effort to accede to the following agreements and shall within a period of 18 months from the date of Entry into Force of this Treaty.

a) The Berne Convention;

b) The Rome Convention; and

c) The Geneva Convention.

Annex to Article 17-04. Plant varieties

This provision shall not be construed to require any party to provide protection for plant varieties, while that party has not enacted on this matter.

Annex to Article 17-27. Enforcement of intellectual property rights

Nicaragua shall conduct its utmost to implement the measures referred to in subparagraphs (a) and (b) of paragraph 2 and paragraph 9 of Article 17-27, which shall take place not later than 1 July 2000.

Annex to Article 17-30. Enforcement of intellectual property rights at the border

Nicaragua shall conduct its utmost to implement the measures referred to in Article 1730, which shall take place not later than 1 July 2000.

Annex to Article 17-32. Technical cooperation

1. In order to facilitate the implementation of this chapter, Mexico, in coordination with other international cooperation programmes, shall, upon request and on terms and conditions mutually agreed, technical assistance to Nicaragua. such assistance will include:

a) Support in the adequacy of rules and procedures for the implementation of the Paris Convention;

b) Exchange of documents of Patents;

c) Training in the procedures for granting or registration of patents and industrial designs, utility models;

d) Assistance in plant varieties;

e) Advisory and training on the automated search and procedures for registration of marks;

f) Exchange information on the experience of Mexico in establishing the Mexican Institute of Industrial Property;

g) Exchange of information on the updating of the legislative framework in the field of Intellectual Property Rights;

h) Advice in respect of copyright and related rights; and

i) Advice in automation for the granting of records and conservation of industrial property rights.

2. The technical assistance referred to in paragraph 1 shall not imply a commitment of financial support from Mexico.

Chapter XVIII. Transparency

Article 18-01. Information Centre

1. Each Party shall designate a branch or office as an information centre to facilitate communication between the parties on any matter covered by this Treaty.

2. When a party so requests, the Information Centre of the other party shall indicate the office or official responsible for the matter and provide the required support to facilitate communication with the requesting party.

Article 18-02. Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application; relating to any matter covered by this Agreement are promptly published or otherwise made available to the parties and to any interested person.

2. To the extent possible, each Party shall:

a) Publish in advance any such measure that it proposes to adopt; and

b) Provide interested persons and the other party a reasonable opportunity to comment on such proposed measures.

Article 18-03. Notification and Provision of Information

1. Each Party shall, as far as possible to the other party, any existing or proposed measure that the Party considers might affect or substantially affect the interests of the other party under the terms of this Treaty.

2. Each Party, at the request of the other Party shall provide information and respond promptly to questions pertaining to any existing or proposed measure without prejudice to that Party has been previously notified of that measure.

3. Notification and provision of information referred to in this article shall be without prejudice to whether the measure is consistent with this Treaty.

Article 18-04. Guarantees of Hearing, Legality and Due Process of Law

1. The parties reaffirm the hearing of the rule of law and due process of law enshrined in their respective laws.

2. Each Party shall maintain judicial or administrative tribunals or procedures for the review and, where appropriate, the correction of final acts related to this Treaty.

3. Each Party shall ensure that in judicial and administrative procedures concerning the implementation of any measure affecting the operation of this Treaty, conform to the essential elements of procedure and based substantiating the legal cause.

Chapter XIX. Administration of the Treaty

Article 19-01. Commission

1. The Parties shall establish the Committee, composed of officials referred to in annex 1 to this article or persons to whom they designate.

2. The Commission shall have the following functions:

a) To ensure the fulfillment and correct application of the provisions of this Treaty;

b) Assess the results achieved in the implementation of this Treaty and monitor their development;

c) To resolve disputes that may arise regarding its interpretation or application;

d) Supervise the work of all committees established under this Treaty and listed in Annex 2 to this Article; and

e) Consider any other matter that may affect the operation of this Treaty or any other entrusted to it by the parties.

3. The Commission may:

a) Establish and delegate responsibilities to permanent or ad hoc expert committees;

b) To seek the advice of non-governmental groups or persons without linkage; and

c) If the parties so agree, take any other action in the exercise of its functions.

4. The Committee shall take its decisions by consensus.

5. The Committee shall meet at least once a year. the meetings shall be chaired successively by each party.

Article 19-02. Secretariat

1. Each Party shall designate an office or official to become a secretariat unit of that Party and shall inform the other Party: the names and titles of the officials responsible for the Secretariat; and the address of the Secretariat to which they apply.

2. The Commission shall monitor the operation coordinated Secretaries of the Parties.

3. The secretariats shall:

a) Provide assistance to the Commission;

b) Provide administrative support to the arbitral tribunals;

c) On instructions from the Commission to support the work of the Committees established pursuant to this Treaty;

d) The remuneration and expenses to be paid to the arbitrators and experts appointed under this Treaty, as specified in the annex to this Article; and

e) Other functions assigned by the Commission.

Annex to Article 19-01. Commission officials administering officials

Commission officials administering officials referred to in article 19-01 are:

a) In the case of Mexico, the Secretary of Commerce and industrial development, or its successor; and

b) In the case of Nicaragua, the Minister of Economic Affairs and Development, or its successor.

Committees:

- Committee on agricultural trade.

  • Chapter   I Initial Provisions 1
  • Article   1-01 Establishment of the Free Trade Area 1
  • Article   1-02 Objectives 1
  • Article   1-03 Relationship with other International Treaties and Agreements 1
  • Article   1-04 Observance of the Treaty 1
  • Article   1-05 Succession 1
  • Chapter   II General Definitions 1
  • Article   2-01 Definitions of General Application 1
  • Annex to Article 2-01  Country-specific definitions 1
  • Chapter   III National Treatment and Market Access for Goods 1
  • Section   A Scope and Definitions 1
  • Article   3-01 Definitions 1
  • Article   3-02 Scope 1
  • Section   B National Treatment National Treatment 1
  • Article   3-03 National Treatment 1
  • Section   C Tariffs 1
  • Article   3-04 Tariff Relief 1
  • Article   3-05 Restrictions on Duty Drawback on Exported Goods and on Duty Deferral Programs 1
  • Article   3-06 Temporary admission of goods 2
  • Article   3-07 Import free of customs tariff for commercial samples void 2
  • Article   3-08 Exemption from customs tariffs 2
  • Section   D Non-tariff measures 2
  • Article   3-09 Restrictions on the importation and exportation. 2
  • Article   3-10 Export taxes 2
  • Article   3-11 Customs processing fees 2
  • Article   3-12 Country of origin marking 2
  • Article   3-13 Distinctive product 2
  • Section   E Publication and notification 2
  • Article   3-14 Publication and notification 2
  • Section   F Provisions on textile goods 2
  • Article   3-15 Levels of flexibility to temporary goods classified in Chapters 61 and 62 of the Harmonized System. 2
  • Chapter   IV Agriculture 3
  • Article   4-01 Definitions 3
  • Article   4-02 Scope 3
  • Article   4-03 International Obligations 3
  • Article   4-04 Access to Markets 3
  • Article   4-05 Domestic Support 3
  • Article   4-06 Export Subsidies 3
  • Article   4-07 Technical Standards and Agricultural Marketing 3
  • Article   4-08 Committee on Agricultural Trade 3
  • Chapter   V Sanitary and Phytosanitary Measures 3
  • Article   5-01 Definitions 3
  • Article   5-02 Scope 3
  • Article   5-03 Fundamental Rights and Obligations 3
  • Article   5-04 International Standards and Standardisation Bodies 3
  • Article   5-05 Equivalence 3
  • Article   5-06 Risk assessment and appropriate level of sanitary and phytosanitary protection 4
  • Article   5-07 Adaptation to regional conditions and recognition of pest or disease free areas and areas of low pest or disease prevalence 4
  • Article   5-08 Control procedures, inspection and approval 4
  • Article   5-09 Provision of information, notification and publication 4
  • Article   5-10 Information centres 4
  • Article   5-11 Limitations on the provision of information 4
  • Article   5-12 Committee on Sanitary and Phytosanitary Measures. 4
  • Article   5-13 Technical cooperation 4
  • Article   5-14 Technical consultations 4
  • Article   5-15 Dispute settlement 4
  • Chapter   VI Rules of origin 4
  • Article   6-01 Definitions 4
  • Article   6-02 Implementation tools 5
  • Article   6-03 Originating goods 5
  • Article   6-04 Regional value content 5
  • Article   6-05 Value of the materials 5
  • Article   6-06 De minimis 5
  • Article   6-07 Intermediate material 5
  • Article   6-08 Cumulation 5
  • Article   6-09 Fungible goods and materials 5
  • Article   6-10 Sets or assortments 5
  • Article   6-11 Indirect materials 5
  • Article   6-12 Spare parts and accessories, tools or alterations 5
  • Article   6-13 Packages and packing materials for retail sale. 5
  • Article   6-14 Packing materials and containers for shipment 5
  • Article   6-15 Goods of the automotive industry 5
  • Article   6-16 Operations and practices that do not confer origin 6
  • Article   6-17 Transhipment and direct consignment 6
  • Article   6-18 Consultations and amendments 6
  • Article   6-19 Interpretation 6
  • Article   6-20 Transitional provisions on regional value content 6
  • Chapter   VII Customs procedures 6
  • Article   7-01 Definitions 6
  • Article   7-02 Statement and certification of origin 6
  • Article   7-03 Duties on imports 6
  • Article   7-04 Duties on exports 6
  • Article   7-05 Exceptions 6
  • Article   7-06 Accounting records 6
  • Article   7-07 Procedures to verify the origin 6
  • Article   7-08 Review and challenge 6
  • Article   7-09 Sanctions 6
  • Article   7-10 Advance rulings 6
  • Article   7-11 Committee on Customs Procedures 7
  • Chapter   VIII Safeguards 7
  • Article   8-01 Definitions 7
  • Article   8-02 Safeguards regime 7
  • Section   A Bilateral measures 7
  • Article   8-03 Conditions of application 7
  • Article   8-04 Compensation for bilateral measures 7
  • Section   B Comprehensive measures 7
  • Article   8-05 Rights under the WTO 7
  • Article   8-06 Criteria for the adoption of a comprehensive measure 7
  • Article   8-07 Compensation for comprehensive measures 7
  • Section   C Procedure 7
  • Article   8-08 Adoption procedure 7
  • Article   8-09 Research 7
  • Article   8-10 Determination of serious injury or threat of serious harm 7
  • Article   8-11 Effect of other factors 7
  • Article   8-12 Publication and notification 7
  • Article   8-13 Content of the notification 7
  • Article   8-14 Prior consultations 7
  • Article   8-15 Confidential information 7
  • Article   8-16 Observations of the exporting Party 7
  • Article   8-17 Extension 7
  • Chapter   IX International unfair trade practices 7
  • Article   9-01 definitions 7
  • Article   9-02 General provisions 7
  • Article   9-03 Export subsidies 7
  • Article   9-04 Rights and obligations of the parties concerned 7
  • Article   9-05 Countervailing duties 7
  • Article   9-06 Copies 7
  • Article   9-07 Publication 7
  • Article   9-08 Content of resolutions 8
  • Article   9-09 Notifications and deadlines 8
  • Article   9-10 Deadlines for provisional measures 8
  • Article   9-11 Adoption and publication of the preliminary ruling 8
  • Article   9-12 Content of the preliminary ruling 8
  • Article   9-13 Conciliation hearings 8
  • Article   9-14 Briefings 8
  • Article   9-15 Public hearings 8
  • Article   9-16 Obligation to terminate an investigation 8
  • Article   9-17 Enforcement of countervailing contributions 8
  • Article   9-18 Refund or drawback 8
  • Article   9-19 Clarifications 8
  • Article   9-20 Review 8
  • Article   9-21 Access to files 8
  • Article   9-22 Access to other cases 8
  • Article   9-23 Access to confidential information 8
  • Article   9-24 Amendments to national legislation. 8
  • Chapter   X Principles on Trade in Services 8
  • Article   10-01 Definitions 8
  • Article   10-02 Scope of application 8
  • Article   10-03 Most-favoured-nation treatment 8
  • Article   10-04 National treatment 8
  • Article   10-05 Non-mandatory local presence 8
  • Article   10-06 Consolidation of measures 8
  • Article   10-07 Transparency 8
  • Article   10-08 Quantitative restrictions 8
  • Article   10-09 Future liberalization 8
  • Article   10-10 Liberalization of non-discriminatory measures 8
  • Article   10-11 Procedures 8
  • Article   10-12 Limitations on the provision of information 9
  • Article   10-13 Licensing and certification 9
  • Article   10-14 Denial of benefits 9
  • Article   10-15 Exceptions 9
  • Article   10-16 Future work 9
  • Article   10-17 Relationship with multilateral agreements on services 9
  • Article   10-18 Technical cooperation 9
  • Chapter   XI Telecommunications 9
  • Article   11-01 Definitions 9
  • Article   11-02 Scope 9
  • Article   11-03 Access to public telecommunications networks and services and its use 9
  • Article   11-04 Conditions for the provision of enhanced or value-added services 9
  • Article   11-05 Measures related to standardization 9
  • Article   11-06 Monopolies 9
  • Article   11-07 Relationship with international organisations and agreements 9
  • Article   11-08 Technical cooperation and other consultations 9
  • Article   11-09 Transparency 9
  • Article   11-10 Relationship to other chapters. 9
  • Chapter   XII Temporary entry of business persons 9
  • Article   12-01 Definitions 9
  • Article   12-02 General principles 10
  • Article   12-03 General obligations 10
  • Article   12-04 Authorisation for temporary entry 10
  • Article   12-05 Availability of information 10
  • Article   12-06 Committee on temporary entry. 10
  • Article   12-07 Dispute settlement 10
  • Article   12-08 Relationship to other chapters 10
  • Annex to Article 12-04  Temporary entry of business persons 10
  • Section   A Business visitors 10
  • Section   B Traders and investors 10
  • Section   C Transfers of personal within an enterprise 10
  • Appendix 1 to Annex Article 12-04  Business visitors 10
  • Appendix 2 to Annex Article 12-04  Existing immigration measures 10
  • Chapter   XIII Financial Services 10
  • Article   13-01 Definitions 10
  • Article   13-02 Scope 10
  • Article   13-03 Self-regulating agencies 11
  • Article   13-04 Right of establishment 11
  • Article   13-05 Cross-border trade 11
  • Article   13-06 National Treatment 11
  • Article   13-07 Most-favoured-nation treatment 11
  • Article   13-08 Recognition and harmonization 11
  • Article   13-09 Exceptions 11
  • Article   13-10 Transparency 11
  • Article   13-11 Financial Services Committee 11
  • Article   13-12 Consultations 11
  • Article   13-13 New financial services and data processing 11
  • Article   13-14 Senior management and boards of directors 11
  • Article   13-15 Reserves and specific commitments 11
  • Article   13-16 Denial of benefits 11
  • Article   13-17 Transfers 11
  • Article   13-18 Safeguarding and balance of payments 11
  • Article   13-19 Settlement of disputes between the parties 11
  • Article   13-20 Settlement of disputes between an investor and a party of the other party. 11
  • Annex to Article 13-11  Competent authorities 11
  • Chapter   XIV Measures related to standardization 11
  • Article   14-01 Definitions 11
  • Article   14-02 Scope 11
  • Article   14-03 Reaffirmation of international rights and obligations. 11
  • Article   14-04 Basic rights and obligations 11
  • Article   14-05 Use of international standards 12
  • Article   14-06 Compatibility and equivalence 12
  • Article   14-07 Conformity assessment 12
  • Article   14-08 Provision of information, notification and publication 12
  • Article   14-09 Information centres 12
  • Article   14-10 Limitations on the provision of information 12
  • Article   14-11 Metrology patterns 12
  • Article   14-12 Health protection 12
  • Article   14-13 Risk assessment 12
  • Article   14-14 Environmental protection and management of chemicals and hazardous wastes 12
  • Article   14-15 Labelling 12
  • Article   14-16 Committee on Standards-Related Measures 12
  • Article   14-17 Technical cooperation 13
  • Article   14-18 Technical consultations 13
  • Chapter   XV Government procurement 13
  • Section   A Definitions 13
  • Article   15-01 Definitions 13
  • Section   B Scope of application 13
  • Article   15-02 Scope of application 13
  • Article   15-03 Valuation of contracts 13
  • Article   15-04 National Treatment and Non-Discrimination 13
  • Article   15-05 Rules of origin 13
  • Article   15-06 Denial of benefits 13
  • Article   15-07 Prohibition of countervailing special conditions 13
  • Article   15-08 Technical specifications 13
  • Section   C Tendering procedures 13
  • Article   15-09 Tendering procedures 13
  • Article   15-10 Supplier qualification 13
  • Article   15-11 Invitation to participate 13
  • Article   15-12 Selective tendering procedures 14
  • Article   15-13 Time limits for tendering and delivery 14
  • Article   15-14 Bidding conditions 14
  • Article   15-15 Submission, receipt and opening of tenders and awarding of contracts 14
  • Article   15-16 Limited tendering 14
  • Section   D Avoidance proceedings 14
  • Article   15-17 Avoidance proceedings 14
  • Section   E General provisions 14
  • Article   15-18 Exceptions 14
  • Article   15-19 Provision of information 14
  • Article   15-20 Technical cooperation 14
  • Article   15-21 Joint programmes for micro, small and medium-sized Industry 14
  • Article   15-22 Rectifications or modifications 15
  • Article   15-23 Disposal of entities 15
  • Article   15-24 Future negotiations 15
  • Chapter   XVI Investment 15
  • Section   A Investment 15
  • Article   16-01 Definitions 15
  • Article   16-02 Scope 15
  • Article   16-03 National Treatment 15
  • Article   16-04 Most-favoured-nation treatment 15
  • Article   16-05 Performance requirements 15
  • Article   16-06 Employment and business management. 15
  • Article   16-07 Reservations and exceptions 15
  • Article   16-08 Transfers 15
  • Article   16-09 Expropriation and compensation 15
  • Article   16-10 Special formalities and information requirements 15
  • Article   16-11 Relationship to other chapters 15
  • Article   16-12 Denial of benefits 15
  • Article   16-13 Extraterritorial application of the legislation of a party 15
  • Article   16-14 Measures related to the environment 15
  • Article   16-15 Investment promotion and exchange of information 15
  • Article   16-16 Double taxation 16
  • Section   B Settlement of disputes between a party and an investor of the other party 16
  • Article   16-17 Objective 16
  • Article   16-18 Claim by an investor of a Party, on its own account or on behalf of an enterprise 16
  • Article   16-19 Dispute settlement through consultation and negotiation 16
  • Article   16-20 Notice of intent to submit a claim to arbitration 16
  • Article   16-21 Submission of a claim to arbitration 16
  • Article   16-22 Conditions precedent to submission of a claim to arbitration 16
  • Article   16-23 Consent to arbitration 16
  • Article   16-24 Number of arbitrators and method of appointment 16
  • Article   16-25 Integration of the tribunal in the event that a disputing party fails to appoint an arbitrator or fails to reach an agreement on the appointment of the tribunal's president 16
  • Article   16-26 Agreement to appointment of arbitrators 16
  • Article   16-27 Consolidation of proceedings 16
  • Article   16-28 Notification to the Secretariat 16
  • Article   16-29 Notification to the other party 16
  • Article   16-30 Participation of a party 16
  • Article   16-31 Documentation 16
  • Article   16-32 Seat of arbitration 16
  • Article   16-33 Applicable law 16
  • Article   16-34 Interpretation of annexes 16
  • Article   16-35 Provisional or protective measures 16
  • Article   16-36 Final award 16
  • Article   16-37 Finality and enforcement of the award 16
  • Article   16-38 General provisions 16
  • Article   16-39 Exclusions 16
  • Annex to Article 16-38  Service of documents 16
  • Annex to Article 16-39  Exclusions from Mexico 16
  • Chapter   XVII Intellectual property 17
  • Section   A General provisions and principles 17
  • Article   17-01 Definitions 17
  • Article   17-02 Protection of intellectual property rights 17
  • Article   17-03 Provisions on the subject 17
  • Article   17-04 National Treatment 17
  • Article   17-05 Exceptions 17
  • Article   17-06 Most-favoured-nation treatment 17
  • Article   17-07 Control of abusive or anticompetitive practices and conditions 17
  • Article   17-08 Cooperation to Eliminate Trade in Goods that Infringe Intellectual Property Rights 17
  • Section   B Trademarks 17
  • Article   17-09 Subject matter 17
  • Article   17-10 Rights conferred 17
  • Article   17-11 Well-known trademarks 17
  • Article   17-12 Exceptions 17
  • Article   17-13 Duration of protection 17
  • Article   17-14 Use of the trademark 17
  • Article   17-15 Other requirements 17
  • Article   17-16 Licences and assignment of trademarks 17
  • Section   C Geographical indications of source and designations of origin 17
  • Article   17-17 Protection of geographical indications or provenance and designations of origin 17
  • Section   D Protection of undisclosed information 17
  • Article   17-18 Protection of undisclosed information 17
  • Section   E Copyright 17
  • Article   17-19 Copyright 17
  • Section   F Related rights 17
  • Article   17-20 Performers 17
  • Article   17-21 Producers of phonograms 17
  • Article   17-22 Broadcasting organisations 17
  • Article   17-23 Term of protection of related rights 17
  • Article   17-24 Limitations or exceptions to the rights related thereto 17
  • Article   17-25 Miscellaneous provisions 17
  • Section   G Enforcement of intellectual property rights 17
  • Article   17-26 General provisions 17
  • Article   17-27 Specific procedural aspects and resources in civil and administrative proceedings 17
  • Article   17-28 Precautionary measures 18
  • Article   17-29 Criminal procedures and penalties 18
  • Article   17-30 Protection of intellectual property rights at the border 18
  • Article   17-31 Protection of programme-carrying satellite signals. 18
  • Section   H Technical cooperation 18
  • Article   17-32 Technical cooperation 18
  • Annex to Article 17-03  Conventions on intellectual property 18
  • Annex to Article 17-04  Plant varieties 18
  • Annex to Article 17-27  Enforcement of intellectual property rights 18
  • Annex to Article 17-30  Enforcement of intellectual property rights at the border 18
  • Annex to Article 17-32  Technical cooperation 18
  • Chapter   XVIII Transparency 18
  • Article   18-01 Information Centre 18
  • Article   18-02 Publication 18
  • Article   18-03 Notification and provision of information 18
  • Article   18-04 Guarantees of hearing, legality and due process of law 18
  • Chapter   XIX Administration of the Treaty 18
  • Article   19-01 Commission 18
  • Article   19-02 Secretariat 18
  • Annex to Article 19-01  Commission officials administering officials 18
  • Annex to Article 19-02  Remuneration and payment of expenses 19
  • Chapter   XX Settlement of disputes 19
  • Article   20-01 Cooperation 19
  • Article   20-02 Scope of application 19
  • Article   20-03 Dispute settlement under the provisions of the WTO Agreement 19
  • Article   20-04 Perishable goods 19
  • Article   20-05 Consultations 19
  • Article   20-06 Intervention of the Commission, good offices, mediation and conciliation. 19
  • Article   20-07 Request for the integration of the arbitral tribunal 19
  • Article   20-08 List of arbitrators 19
  • Article   20-09 Qualities of the arbitrators 19
  • Article   20-10 Establishment of the arbitral tribunal. 19
  • Article   20-11 Model rules of procedure 19
  • Article   20-12 Role of experts 19
  • Article   20-13 Preliminary decision 19
  • Article   20-14 Final decision 19
  • Article   20-15 Implementation of the final decision 19
  • Article   20-16 Non-implementation - suspension of benefits 19
  • Article   20-17 Proceedings before internal judicial and administrative authorities 19
  • Article   20-18 Alternative means of dispute settlement 19
  • Annex to Article 20-02  Nullification and impairment 19
  • Chapter   XXI Exceptions 19
  • Article   21-01 General exceptions 19
  • Article   21-02 National security 19
  • Article   21-03 Exceptions to disclosure of information 19
  • Chapter   XXII Final provisions 19
  • Article   22-01 Annexes 19
  • Article   22-02 Amendments 19
  • Article   22-03 Entry Into Force 20
  • Article   22-04 Reservations 20
  • Article   22-05 Accession 20
  • Article   22-06 Denunciation 20
  • Article   22-07 Review of the Treaty 20