6. If the Parties agree to amend this Section pursuant to a review under this Article conducted as part of consultations under:
(a) subparagraph 1(a), no further review shall be required under this Article or Article 17.34 (Alternative Review of this Section), unless the Parties agree otherwise; or
(b) subparagraph 1(b), no further review shall be required under Article 17.34 (Alternative Review of this Section), unless the Parties agree otherwise.
Article 17.34. Alternative Review of this Section
1. Subject to paragraph 6 of Article 17.33 (Consultations on Recognition and Protection of Geographical Indications), two years after the date of entry into force of this Agreement, the Parties shall enter into consultations to review this Section with a view to considering further provisions governing the recognition and protection of geographical indications.
2. If the Parties are required to enter consultations under paragraph 1, the Parties shall:
(a) conduct the review under the auspices of the Working Group;
(b) enter into consultations as soon as reasonably practicable and, in any event, no later than four months after the expiry of the time period in paragraph 1;
(c) consider the Parties' interests and sensitivities concerning the recognition and protection of geographical indications; and
(d) use reasonable endeavours to complete a review under this Article in a timely manner.
3. If the Parties do not agree to amend this Section following a review, the Parties shall conduct further reviews if agreed. (13)
4. A review of this Section conducted under this Article shall be undertaken without prejudice to the possibility of a consultation or review under Article 17.33 (Consultations on Recognition and Protection of Geographical Indications).
5. If, pursuant to a review of this Section under this Article, the Parties agree to amend this Section, no further review shall be required under this Article, unless the Parties agree otherwise.
Article 17.35. Lists of Geographical Indications
1. If, pursuant to a review of this Section under Article 17.33 (Consultations on Recognition and Protection of Geographical Indications) or Article 17.34 (Ongoing Review of this Section), the Parties agree to amend this Section to permit specific geographical indications to be identified and protected under this Agreement, without limiting what may otherwise be agreed, and where a Party intends to seek protection for a geographical indication in the territory of the other Party:
(a) that Party (Party A) shall notify the contact point nominated by the other Party (Party B), referred to in Article 17.12 (Contact Points), of a list of geographical indications protected in Party A's territory for which it intends to seek protection in the territory of Party B under this Agreement; and
(b) Party B shall examine and publish for opposition the notified geographical indications under its domestic requirements as soon as reasonably practicable following receipt of Party Aâs list.
2. As part of any amendments made to this Section, the Parties shall ensure that an Annex is added to this Agreement that lists the geographical indications of each Party that are protected in the other Party under this Agreement, and that geographical indications that have completed and passed an examination and opposition procedure in the other Party, as referred to in subparagraph 1(b), can be added to that Annex without undue delay.
Section F. Registered Designs
Article 17.36. Protection of Registered Designs
1. Each Party shall provide for the protection of independently created industrial designs that are new or original. This protection shall be provided by registration and shall confer an exclusive right upon their holder in accordance with the provisions of this Article.
2. Each Party may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.
3. Each Party shall ensure that an owner of a protected industrial design has at least the right to prevent third parties not having the owner's consent from making, selling, or importing articles bearing or embodying a copy, or substantial copy, of the protected design, when such acts are undertaken for commercial purposes.
Article 17.37. Duration of Protection
Each Party shall ensure that the total term of protection available for registered designs is no less than 15 years.
Article 17.38. Electronic Industrial Design System
Each Party shall provide a:
(a) system for the electronic application for the registration of industrial designs; and
(b) publicly available electronic information system, which must include an online database of registered industrial designs.
Article 17.39. Relationship to Copyright
Each Party may provide that the subject matter of a design, including the unregistered appearance of a product, may be protected under copyright law if the conditions for such protection are met. The extent to which, and the conditions under which, such protection is conferred, including the level of originality required, shall be determined by each Party.
Article 17.40. International Registration of Industrial Designs
Each Party shall make all reasonable efforts to accede to the Hague Agreement if it is not already party to It.
Section G. Copyright and Related Rights
Article 17.41. Authors
Each Party shall provide for authors the exclusive right to authorise or prohibit:
(a) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their works;
(b) any form of distribution to the public, by sale or other transfer of ownership, of the original and copies of their works;
(c) the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them; (14) and
(d) the commercial rental to the public of originals or copies of their works comprising at least sound recordings, computer programs, (15) and films.
Article 17.42. Performers
Each Party shall provide for performers the exclusive right to authorise or prohibit:
(a) the fixation of their unfixed performances;
(b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their performances fixed in phonograms;
(c) any form of distribution to the public, by sale or other transfer of ownership, of their performances fixed in phonograms;
(d) the making available to the public of their performances fixed in phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;
(e) the broadcasting and the communication to the public of their unfixed performances, except where the performance is itself already a broadcast performance; and
(f) the commercial rental to the public of their performances fixed in phonograms.
Article 17.43. Producers of Phonograms
Each Party Shall Provide for Producers of Phonograms the Exclusive Right to Authorise or Prohibit:
(a) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of their phonograms;
(b) any form of distribution to the public, by sale or other transfer of ownership, of their phonograms;
(c) the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and
(d) the commercial rental of their phonograms to the public.
Article 17.44. Broadcasting Organisations
Each Party shall provide for broadcasting organisations the exclusive right to authorise or prohibit:
(a) the fixation of their broadcasts;
(b) the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their broadcasts;
(c) the making available to the public of fixations of their broadcasts, in such a way that members of the public may access them from a place and at a time individually chosen by them;
(d) the distribution to the public, by sale or otherwise, of fixations of their broadcasts;
(e) the rebroadcasting of their broadcasts; and
(f) the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.
Article 17.45. Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes (16)
1. With respect to the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public, each Party shall provide for performers and producers of those phonograms:
(a) a right to a single equitable remuneration consistent with Article 15(1), Article 15(2), and Article 15(4) of the WPPT; or
(b) the exclusive right to authorise or prohibit such use.
2. The Parties shall discuss measures to ensure adequate remuneration for performers and producers of phonograms when phonograms published for commercial purposes are used for broadcasting or for any communication to the public.
Article 17.46. Artist's Resale Right
1. Each Party shall provide, for the benefit of the author of an original work of art, a resale right that is defined as an inalienable right, which cannot be waived, even in advance, and the right to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author.
2. Each Party shall provide that the right referred to in paragraph 1 shall apply to all acts of resale involving any sellers, buyers, or intermediaries acting in the course of business of dealing in works of art, such as salesrooms, art galleries, and, in general, any dealers in works of art.
3. Each Party may provide that the right referred to in paragraph 1 shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed a certain minimum amount specified in a Party's law.
4. Each Party may determine the procedure for collection of the royalty, its amount and the criteria for the works, resales and authors eligible to receive the royalty under its domestic law.
5. Each Party shall provide the right referred to in this Article for authors of the other Party on a reciprocal basis.
6. Each Party shall implement its obligations under this Article no later than two years after the date of entry into force of this Agreement.
Article 17.47. Limitations and Exceptions
1. Each Party may provide for limitations or exceptions to the rights covered in this Section only in certain special cases that do not conflict with a normal exploitation of covered subject matter and do not unreasonably prejudice the legitimate interests of the right holder.
2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions to any rights permitted by international agreements such as the TRIPS Agreement, the Berne Convention, the Rome Convention, the WCT, or the WPPT.
Article 17.48. Term of Protection
1. Each Party shall provide that the rights of an author of a work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after the author’s death.
2. In the case of a work of joint authorship, each Party shall provide that the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.
3. Notwithstanding paragraphs 1 and 2, where the term of protection of a work is not determined by reference to the life of a natural person, each Party shall provide that the term of protection shall expire 70 years after the creation of the work or, if lawfully made available to the public within 70 years from creation, 70 years after the first such making available.
4. Each Party shall provide that the rights of broadcasting organisations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.
5. Each Party shall provide that the rights of performers for their performances otherwise than in phonograms shall expire 50 years after the date of the fixation of the performance or, if lawfully made available to the public during this time, 50 years after the first such making available.
6. Each Party shall provide that the rights of performers for their performances in phonograms shall expire 50 years after the date of fixation of the performance or, if lawfully made available to the public during this time, 70 years after the first such making available.
7. Each Party shall provide that the rights of producers of phonograms shall expire 50 years after the fixation being made or, if lawfully made available to the public during this time, 70 years after the first such making available. Each Party may adopt effective measures to ensure that the profit generated during the 20 years of protection beyond 50 years is shared fairly between the performers and the producers of phonograms.
8. Each Party shall provide that the terms laid down in this Article shall be calculated from 1 January of the year following the event.
9. Each Party may provide for longer terms of protection than those provided for in this Article.
10. The obligations in this Article shall only commence applying 15 years after the date of entry into force of this Agreement.
Article 17.49. Collective Management Organisations
1. The Parties shall endeavour to promote cooperation between the collective management organisations established in their respective territories, for the purpose of fostering the availability of works and other protected subject matter in the territories of the Parties, and the transfer of rights revenue between the respective collective management organisations for the use of such works or other protected subject matter.
2. The Parties shall endeavour to promote the transparency of collective management organisations established in their respective territories, particularly in relation to the collection of rights revenues, the deductions they make from the rights revenue collected, their distribution policies, and the repertoire they represent.
3. Where a collective management organisation established in the territory of a Party has entered into a representation agreement with a collective management organisation established in the territory of the other Party, the Parties recognise the importance of non-discriminatory treatment by their respective collective management organisation of any right holder, whose rights this organisation manages under the representation agreement.
4. Where a collective management organisation represents a collective management organisation established in the territory of the other Party by way of a representation agreement, the Parties recognise the importance of:
(a) accurate, regular, and diligent payment of amounts owed to the represented collective management organisation by the representing collective management organisation; and
(b) the provision of information on the amount of rights revenue collected on the represented organisation's behalf and any deductions made to this rights revenue by the representing collective management organisation.
Article 17.50. Technological Protection Measures
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 organisations in connection with the exercise of their rights under this Section and that restrict acts, in respect of the covered subject matter, which are not authorised by the authors, the performers, the producers of phonograms, or the broadcasting organisations concerned or permitted by the domestic law of that Party.
2. A Party may adopt or maintain appropriate measures, as necessary, to ensure that the adequate legal protection and effective legal remedies under paragraph 1 do not prevent beneficiaries of exceptions or limitations provided for in accordance with Article 17.47 (Limitations and Exceptions) from enjoying such exceptions or limitations.
Article 17.51. Rights Management Information
1. Each Party shall provide adequate and effective legal remedies against any person knowingly performing, without authority, any of the following acts knowing, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any copyright or related rights as provided by the law of the Party:
(a) to remove or alter any electronic rights management information; or
(b) to distribute, import for distribution, broadcast, communicate, or make available to the public covered subject matter knowing that electronic rights management information has been removed or altered without authority.
2. Each Party may adopt or maintain appropriate limitations or exceptions to measures implementing paragraph 1. The obligations set out in this Article are without prejudice to the limitations and exceptions to infringement of copyright and related rights under a Party's law.
3. For the purposes of this Article, "rights management information" means:
(a) information that identifies covered subject matter, the author, performer, producer of a phonogram, or any other right holder with respect to covered subject matter;
(b) information about the terms and conditions of use of covered subject matter; or
(c) any numbers or codes that represent the information described in subparagraph (a) or subparagraph (b), when any of these items of information is attached to covered subject matter, or appears in connection with the communication or making available of covered subject matter to the public.
Section H. Patents
Article 17.52. Rights Conferred
A patent shall confer on its owner the following exclusive rights:
(a) if the subject matter of a patent is a product, to prevent third parties not having the owner's consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product; and
(b) if the subject matter of a patent is a process, to prevent third parties not having the owner's consent from the act of using the process, and from the acts of using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.
2. Patent owners shall have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.
Article 17.53. Patentable Subject Matter
1. Subject to paragraphs 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves any inventive step, and is capable of industrial application. (17)
2. A Party may exclude from patentability inventions, the prevention within its territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal, or plant life or health, or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by its law.
3. A Party may also exclude from patentability:
(a) diagnostic, therapeutic, and surgical methods for the treatment of humans or animals; and
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, each Party shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.
Article 17.54. Exceptions
A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that those exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.
Article 17.55. Regulatory Review Exception
Without prejudice to the scope of, and consistent with, Article 17.54 (Exceptions), each Party shall adopt or maintain a regulatory review exception for pharmaceutical products (18) that permits a third person to do an act that would otherwise infringe a patent in the territory of that Party, if the act is done for purposes related to generating information to meet requirements for marketing approval of a pharmaceutical product in that Party, or another country, or both.
Article 17.56. Other Use without Authorisation of the Right Holder
The Parties understand that nothing in this Chapter limits a Party's rights and obligations under Article 31 or Article 31bis of the TRIPS Agreement.
Article 17.57. Amendments, Corrections, and Observations
Neither Party shall revoke or invalidate a patent, either totally or in part, without the patent owner being given the opportunity to make observations on the intended revocation or invalidation, and to make amendments and corrections where permitted under a Party's law within a reasonable time limit.
Article 17.58. Publication of Patent Applications
1. Recognising the benefits of transparency in the patent system, each Party shall endeavour to publish unpublished pending patent applications promptly after the expiration of 18 months from the filing date or, if priority is claimed, from the earliest priority date.
2. If a pending application is not published promptly in accordance with paragraph 1, a Party shall publish that application or the corresponding patent, as soon as practicable.
3. Each Party shall provide that an applicant may request the early publication of an application prior to the expiration of the period referred to in paragraph 1.
Article 17.59. Information Relating to Published Patent Applications and Granted Patents
For published patent applications and granted patents, and in accordance with the Party's requirements for prosecution of such applications and patents, each Party shall make available to the public at least the following information, to the extent that such information is in the possession of the competent authorities and is generated on, or after, the date of the entry into force of this Agreement:
(a) search and examination results, including details of, or information related to, relevant prior art searches;
(b) as appropriate, non-confidential communications from applicants; and
(c) patent and non-patent related literature citations submitted by applicants and relevant third parties.
Article 17.60. Conditions on Patent Applicants
1. Each Party shall require an applicant for a patent to disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.
2. A Party may require an applicant for a patent to provide information concerning the applicant's corresponding foreign applications and grants.
Section I. Undisclosed Test or other Data
Article 17.61. Protection of Undisclosed Test or other Data for Agricultural Chemical Products
1. If a Party requires, as a condition for approving the marketing of a new agricultural chemical product, the submission of undisclosed test or other data, that Party shall ensure that, in accordance with its law, either: