New Zealand - United Kingdom FTA (2022)
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(a) third persons are not permitted, without the consent of the person that previously submitted such information, to market the same or a similar (19) product on the basis of that information, or the marketing approval granted to the person that submitted that information, for a period of at least 10 years from the date of marketing approval of the previously approved agricultural chemical product; or

(b) applicants for marketing approval are generally required to submit a full set of test data, even in cases where there was a prior application for the same product, for a period of at least 10 years, from the date of approval of a prior application. (20)

2. For the purposes of this Article, a new agricultural chemical product is a product that contains (21) a chemical entity that has not been previously approved in the territory of the Party for use in an agricultural chemical product.

(19) For greater certainty, for the purposes of this Section, an agricultural chemical product is "similar" to a previously approved agricultural chemical product if the marketing approval, or, in the alternative, the applicant's request for such approval, of that similar agricultural chemical product is based upon the undisclosed test or other data concerning the safety and efficacy of the previously approved agricultural chemical product, or the prior approval of that previously approved product.
(20) For greater certainty, nothing in this Article prevents a Party from applying reasonable exceptions in its law in order to protect animal welfare or prevent unnecessary animal testing.
(21) For the purposes of this Article, a Party may treat "contain" as meaning utilise. For greater certainty, for the purposes of this Article, a Party may treat "utilise" as requiring the new chemical entity to be primarily responsible for the product's intended effect.

Article 17.62. Protection of Undisclosed Test or other Data for Pharmaceutical Products

1. If a Party requires, as a condition for approving the marketing of a new pharmaceutical product, the submission of undisclosed test or other data, that Party shall not permit third persons, without the consent of the person that previously submitted that information, to place on the market the same or a similar (22) product on the basis of:

(a) that information; or

(b) the marketing approval granted to the person that submitted that information, for at least five years from the date of marketing approval of the previously approved pharmaceutical product; such date to be determined in accordance with each Party's law.

2. For the purposes of this Article, a new pharmaceutical product means a pharmaceutical product that does not contain (23) a chemical entity or biologic that has been previously approved in that Party.

(22) For greater certainty, for the purposes of this Section, a pharmaceutical product is "similar" to a previously approved pharmaceutical product if the marketing approval, or, in the alternative, the applicant's request for that approval, of that similar pharmaceutical product is based upon the undisclosed test or other data concerning the safety and efficacy of the previously approved pharmaceutical product, or the prior approval of that previously approved product.
(23) For the purposes of this Article, a Party may treat "contain" as meaning utilise.

Section J. Trade Secrets

Article 17.63. Trade Secrets

1. In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention, each Party shall provide that trade secret holders shall have the possibility of preventing their trade secrets from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices.

2. Subject to paragraphs 3 and 4, each Party shall provide that at least each of the following shall be considered contrary to honest commercial practices:

(a) the acquisition of a trade secret without the consent of the trade secret holder, whenever carried out by unauthorised access to, appropriation of, or copying of any documents, objects, materials, substances, or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced;

(b) the use or disclosure of a trade secret whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions:

(i) having acquired the trade secret in a manner referred to in subparagraph (a);

(ii) being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; or

(iii) being in breach of a contractual or any other duty to limit the use of the trade secret; and

(c) the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at the time of the acquisition, use, or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was disclosing the trade secret in a manner referred to in subparagraph (b).

3. Nothing in this subsection shall be understood as requiring a Party to consider any of the following conduct as contrary to honest commercial practices:

(a) independent discovery or creation;

(b) reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;

(c) acquisition, use, or disclosure of information as required or permitted by the Party's law;

(d) in the exercise of the right of workers or workers' representatives to information and consultation in accordance with the Party's law; or

(e) use by employees of their experience and skills honestly acquired in the normal course of their employment.

4. Each Party may provide for limited exceptions and limitations to the rights of trade secret holders in circumstances where the legitimate interests of third parties, the general public, or the Party outweigh the legitimate interests of trade secret holders, such as in the following cases:

(a) for exercising the right to freedom of expression and information, including respect for the freedom and pluralism of the media;

(b) for revealing misconduct, wrongdoing, or illegal activity, provided that the person acquiring, using, and disclosing the trade secret did so for the purpose of protecting the general public interest; and

(c) disclosure by workers to their representatives as part of the legitimate exercise by those representatives of their functions in accordance with the Party's law, provided that such disclosure was necessary for that exercise.

Section K. Enforcement

Subsection K.1. Enforcement - General Obligations

Article 17.64. General Obligations

1. Each Party shall provide for the measures, procedures, and remedies set out in this Section in respect of the enforcement of intellectual property rights:

(a) measures, procedures, and remedies must be:

(i) fair, equitable, and effective;

(ii) applied in such a manner as to avoid the creation of barriers to legitimate trade, including electronic commerce, and to provide for safeguards against their abuse; and

(iii) be implemented in a manner consistent with the Party's laws, including laws concerning freedom of expression, fair process, and the right to privacy;

(b) measures and procedures must not be unnecessarily complicated or costly, entail unreasonable time-limits, or give rise to unwarranted delays; and

(c) remedies must be dissuasive and proportionate, taking into account the seriousness of the infringement and the interests of third parties.

2. The Parties recognise the importance of ensuring that right holders (24) and alleged infringers have access to justice.

3. For the purposes of enforcing intellectual property rights and defending claims of infringement of intellectual property rights, each Party shall:

(a) have in place an effective judicial system;

(b) permit the use of alternative dispute resolution mechanisms; and

(c) endeavour to promote alternative dispute resolution.

4. This Section does not create any obligation:

(a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general, nor does it affect the capacity of each Party to enforce its law in general; or

(b) with respect to the distribution of resources as between the enforcement of intellectual property rights and the enforcement of law in general.

(24) For greater certainty, references in this Section to a right holder shall include a trade secret holder; and do not limit the persons a Party may permit to enforce intellectual property rights, in accordance with its law.

Subsection K.2. Enforcement - Civil Remedies

Article 17.65. Entitled Applicants

Each Party shall make available to a right holder civil judicial procedures concerning the enforcement of any intellectual property right covered under this Chapter.

Article 17.66. Provisional Measures for Preserving Evidence

1. Each Party shall provide that its judicial authorities may order prompt and effective provisional measures to preserve relevant evidence in relation to an alleged infringement, subject to the protection of confidential information.

2. Each Party shall provide that its judicial authorities may adopt provisional measures, where appropriate, without the other party having been heard, in particular if any delay is likely to cause irreparable harm to the right holder or if there is a demonstrable risk of evidence being destroyed. Each Party may provide that such measures include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods, and the materials and implements used in the production or distribution of these goods and related documents.

Article 17.67. Provisional and Precautionary Measures

1. Each Party shall provide that its judicial authorities may, on request of the applicant:

(a) order against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, as appropriate, to a recurring penalty payment where provided for by its law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder;

(b) order against an intermediary whose services are being used by an alleged infringer of intellectual property rights an interlocutory injunction for the same purpose and under the same conditions as apply under subparagraph (a); and

(c) order the seizure or delivery up of goods suspected of infringing rights in a trade mark, copyright or related right or, where a Party's law allows, any other intellectual property right.

2. In the case of an alleged infringement committed on a commercial scale, each Party shall provide that if the applicant demonstrates circumstances likely to endanger the recovery of damages, its judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of the alleged infringer's bank accounts and other assets.

Article 17.68. Safeguards

1. Each Party shall provide that its judicial authorities have the authority to require the applicant for measures provided for in Article 17.66 (Provisional Measures for Preserving Evidence) or Article 17.67 (Provisional and Precautionary Measures) to provide:

(a) reasonably available evidence in order to satisfy the judicial authority, with a sufficient degree of certainty, that the applicant's right is being infringed or that the infringement is imminent; and

(b) security or equivalent assurance set at a level:

(i) that is sufficient to protect the person against whom a measure is sought and to prevent abuse; and

(ii) that shall not unreasonably deter recourse to those procedures.

2. Each Party shall provide that in relation to a civil judicial proceeding concerning the enforcement of an intellectual property right, its judicial or other authorities have the authority to:

(a) order a party, at whose request a measure was taken and who has abused the enforcement proceeding, to adequately compensate a person wrongly enjoined or restrained for injury suffered because of that abuse;

(b) order a party to pay the defendant's expenses, which may include appropriate attorneys' fees; and

(c) impose sanctions on a party to the proceedings, counsel, experts, or other persons subject to the court's jurisdiction for violation of judicial orders concerning the protection of confidential information produced or exchanged in that proceeding.

Article 17.69. Right to Information

1. Each Party shall provide that, in the context of civil proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order a person specified in paragraph 2 to provide relevant information in that person's control or possession on the origin and distribution networks of the goods or services that infringe or allegedly infringe an intellectual property right. An order described in paragraph 1 shall be available against:

(a) a person who has infringed, or is alleged to have infringed, an intellectual property right; and

(b) any other person who was:

(i) found in possession of the infringing, or allegedly infringing, goods on a commercial scale;

(ii) found to be using the infringing, or allegedly infringing, services on a commercial scale;

(iii) found to be providing, on a commercial scale, services used in the infringing, or allegedly infringing, activities; or

(iv) indicated by the person referred to in subparagraph (b)(i), subparagraph (b)(ii), or subparagraph (b)(iii) as being involved in the production, manufacture, or distribution of the goods, or the provision of the services.

3. The information referred to in paragraph 1 may include:

(a) the names and addresses of the producers, manufacturers, distributors, suppliers, and other previous holders of the goods or services, as well as the intended wholesalers and retailers; or

(b) information on the quantities produced, manufactured, delivered, received, or ordered, as well as the price obtained for the goods or services in question.

4. This Article shall apply without prejudice to other provisions in a Party's law that:

(a) permit the competent authorities or order the infringer or alleged infringer to provide additional information;

(b) govern the use in civil or criminal proceedings of the information communicated under this Article;

(c) govern responsibility for the misuse of the right of information;

(d) afford an opportunity for refusing to provide information where doing so would amount to an admission of a person's participation, or that of their close relatives, in an infringement of an intellectual property right;

(e) govern the protection of confidentiality of information sources;

(f) govern personal data; or

(g) govern privilege.

Article 17.70. Injunctions

1. Each Party shall provide that, if its judicial authority has found an infringement of an intellectual property right, the authority may grant an injunction aimed at prohibiting the continuation of the infringement.

2. The injunction provided for in paragraph 1 shall be available against:

(a) the infringer; or

(b) anintermediary whose services are used by an infringer to infringe an intellectual property right.

Article 17.71. Corrective Measures

1. Each Party shall provide that, on request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, its judicial authorities may order the definitive removal from the channels of commerce, or the destruction of goods that were found to be infringing an intellectual property right. Each Party shall provide that its judicial authorities may also order, as appropriate, the destruction of materials and implements predominantly used in the creation or manufacture of those goods.

2. Each Party shall provide that its judicial authorities may order the measures referred to in paragraph 1 to be carried out at the expense of the infringer.

Article 17.72. Damages

1. Each Party shall provide that, on application of an injured party, its judicial authorities may order an infringer, who knowingly or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder adequate compensation for the injury the right holder has suffered as a result of the infringement.

2. A Party may provide that its judicial authorities have the authority to order recovery of profits even where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity.

Article 17.73. Costs

Each Party shall provide that its judicial authorities may order, in accordance with its law, that reasonable and proportionate legal costs and other expenses incurred by the successful party in legal proceedings concerning the infringement of intellectual property rights shall be borne by the unsuccessful party.

Subsection K.3. Enforcement - Border Measures

Article 17.74. Border Measures

1. Each Party:

(a) shall provide for applications and procedures to suspend the release of, or to detain, suspected goods under customs control; and

(b) may provide for applications in respect of other goods that are suspected of infringing intellectual property rights.

2. For the purposes of this Article:

(a) "competent authorities" may include the appropriate judicial, administrative, or law enforcement authorities under a Party's law; and

(b) "suspected goods" means goods that are suspected of infringing a trade mark or copyright under the law of the Party providing for applications and procedures under paragraph 1.

3. With respect to the initiation of the procedures provided for in paragraph 1 by a right holder, each Party shall provide that the relevant right holder is required:

(a) to provide adequate evidence to satisfy the competent authorities that, under its law, there is prima facie an infringement of the right holder's intellectual property right; and

(b) to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspected goods reasonably recognisable by its competent authorities.

4. A Party may provide that, if its competent authorities have detained or suspended the release of suspected goods, those authorities may inform the right holder of the names and addresses of the consignor, exporter, consignee, or importer; a description of the goods; the quantity of the goods; and, if known, the country of origin of the goods. This paragraph is without prejudice to a Party's law pertaining to privacy or confidentiality.

5. Each Party shall provide that its competent authorities may initiate border measures ex officio, without the need for a formal complaint from a third party or right holder, with respect to suspected goods under customs control that are imported or destined for export. Each Party shall provide for its customs authorities to use risk management to identify suspected goods, which may include random selection.

6. Each Party shall ensure that its competent authorities decide about granting or recording applications to suspend the release of suspected goods, within a reasonable period of time after the initiation of procedures described in paragraph 1.

7. Each Party shall adopt and maintain procedures under which its competent authorities may determine, within a reasonable period after initiation of procedures described in paragraph 1, whether suspected goods infringe an intellectual property right.

8. Each Party shall provide that its competent authorities have the authority to order the destruction or disposal of suspected goods under customs control following a determination that the goods are infringing an intellectual property right. In cases in which the goods are not destroyed, each Party shall provide that, except in exceptional circumstances, the goods are disposed of outside the channels of commerce in such a manner as to avoid any harm to the right holder. With regard to counterfeit trade mark goods, the simple removal of the trade mark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit the release of the goods into the channels of commerce.

9. Each Party may provide that, if requested by the customs authorities, the holder of the granted or recorded application shall be obliged to reimburse the costs incurred by the customs authorities, or other parties acting on behalf of customs authorities, including storage, handling, and any costs relating to the destruction or disposal of the goods.

10. Each Party may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travellers' personal luggage or sent in small consignments.

11. It is understood that there shall be no obligation to apply the procedures described in this Article to imports of goods put on the market in another country by, or with the consent of, the right holder, (25) or to goods in transit.

(25) For greater certainty, the consent of the right holder to their goods being imports of goods put on the market in another country may be express or implicit.

Subsection K.4. Enforcement - Criminal Remedies

Article 17.75. Criminal Offences

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trade mark counterfeiting or copyright or related rights piracy on a commercial scale. For the purposes of this Article, the term "on a commercial scale" includes at least:

(a) acts carried out for commercial advantage or financial gain; and

(b) significant acts, not carried out for commercial advantage or financial gain, that have a substantial prejudicial impact on the interests of the copyright or related rights holder in relation to the marketplace. (26)

2. Each Party shall treat wilful importation or exportation of counterfeit trade mark goods or pirated copyright goods on a commercial scale as unlawful activities subject to criminal penalties. (27)

3. Each Party shall provide for criminal procedures and penalties to be applied in cases of wilful importation (28) and domestic use, in the course of trade and ona commercial scale, of a label or packaging:

(a) to which a trade mark has been applied without authorisation that is identical to, or cannot be distinguished from, a trade mark registered in its territory; and

(b) that is intended to be used in the course of trade on goods that are identical to goods for which that trade mark is registered.

4. With respect to the offences specified in this Article, (29) each Party shall provide that criminal liability for aiding and abetting is available under its law.

(26) A Party may comply with this subparagraph by addressing such significant acts under its criminal procedures and penalties for non-authorised uses of protected works, performances, and phonograms in its law. A Party may also provide that the volume and value of any infringing items may be taken into account in determining whether the act has a substantial prejudicial impact on the interests of the copyright or related right holder in relation to the marketplace.
(27) A Party may comply with this paragraph by providing that distribution or sale of counterfeit trade mark goods or pirated copyright goods on a commercial scale is an unlawful activity subject to criminal penalties.
(28) A Party may comply with the obligation relating to importation of labels or packaging through its laws concerning distribution.
29 Each Party shall also provide that the offences specified in this Article are applicable in any free trade zones in a Party.

Article 17.76. Penalties

1. With respect to the offences specified in Article 17.75 (Criminal Offences), each Party shall provide for penalties that include imprisonment and monetary fines sufficiently high to provide a deterrent to future acts of infringement, consistent with the level of penalties applied for crimes of a corresponding gravity.

2. Each Party shall provide that its judicial authorities may, in determining penalties, account for the seriousness of the circumstances, which may include circumstances that involve threats to, or effects on, health or safety.

Article 17.77. Seizure, Forfeiture, and Destruction

1. With respect to the offences specified in Article 17.75 (Criminal Offences), each Party shall provide the following:

(a) its judicial or other competent authorities shall have the authority to order the seizure of suspected counterfeit trade mark goods or pirated copyright goods, any related materials and implements used in the commission of the alleged offence, documentary evidence relevant to the alleged offence, and assets derived from, or obtained through, the alleged infringing activity. If a Party requires identification of items subject to seizure as a prerequisite for issuing a judicial order referred to in this subparagraph, that Party shall not require the items to be described in greater detail than necessary to identify them for the purpose of seizure;

(b) its judicial authorities shall have the authority in accordance with that Party's law to order the forfeiture of any assets derived from, or obtained through, the infringing activity;

(c) subject to paragraph 2, its judicial authorities shall have the authority, in accordance with that Party's law, to order the forfeiture or destruction of:

(i) counterfeit trade mark goods or pirated copyright goods;

(ii) materials and implements that have been predominantly used in the creation of pirated copyright goods or counterfeit trade mark goods; and

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 General Definitions 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Accelerated Tariff Elimination 1
  • Article   2.7 Goods Re-Entered after Repair or Alteration 2
  • Article   2.8 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   2.9 Temporary Admission of Goods 2
  • Article   2.10 Import and Export Restrictions 2
  • Article   2.11 Remanufactured Goods 2
  • Article   2.12 Import Licensing Procedures 2
  • Article   2.13 Export Licensing Procedures 2
  • Article   2.14 Administrative Fees and Formalities 2
  • Article   2.15 Export Duties, Taxes, and other Charges 2
  • Article   2.16 Data Sharing on Preference Utilisation 2
  • Article   2.17 Trade In Goods Sub-Committee 2
  • Article   2.18 Consultations 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Definitions and General Provisions 2
  • Article   3.1 Definitions 2
  • Article   3.2 Origin Criteria 2
  • Article   3.3 Wholly Obtained Goods. 2
  • Article   3.4 Regional Value Content 2
  • Article   3.4 Regional Value Content 3
  • Article   3.5 Materials Used In Production 3
  • Article   3.6 Value of Materials Used In Production 3
  • Article   3.7 Further Adjustments to the Value of Materials 3
  • Article   3.8 Cumulation 3
  • Article   3.9 Tolerance 3
  • Article   3.10 Non-Alteration 3
  • Article   3.11 Treatment of Indirect Materials 3
  • Article   3.12 Accessories, Spare Parts, Information Materials, and Tools 3
  • Article   3.13 Sets of Goods 3
  • Article   3.14 Treatment of Packaging Materials and Packing Materials 3
  • Article   3.15 Recovered Materials and Remanufactured Goods 3
  • Article   3.16 Fungible Goods and Materials 3
  • Article   3.17 Rules of Origin and Customs and Trade Facilitation Working Group 3
  • Section   B Origin Procedures 3
  • Article   3.18 Claims for Preferential Treatment 3
  • Article   3.19 Origin Declaration 3
  • Article   3.20 Waiver of Origin Documentation 3
  • Article   3.21 Delayed Claims for Preferential Treatment 3
  • Article   3.22 Incorrect Claims for Preferential Treatment 3
  • Article   3.23 Minor Errors and Discrepancies 3
  • Article   3.24 Penalties 3
  • Article   3.25 Record Keeping Requirements 3
  • Article   3.26 Verification of Origin 3
  • Article   3.27 Confidentiality 4
  • Article   3.28 Documentation Issued In a Non-Party 4
  • Article   3.29 Transitional Provisions for Goods In Transit 4
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 Definitions 4
  • Article   4.2 Scope 4
  • Article   4.3 Customs Procedures and Trade Facilitation 4
  • Article   4.4 Customs Cooperation 4
  • Article   4.5 Transparency and Publication 4
  • Article   4.6 Data and Documentation 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Expedited Shipments 4
  • Article   4.10 Perishable Goods 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Advance Rulings 4
  • Article   4.10 Perishable Goods 5
  • Article   4.11 Risk Management 5
  • Article   4.12 Advance Rulings 5
  • Article   4.13 Customs Valuation 5
  • Article   4.14 Single Window  (4) 5
  • Article   4.15 Authorised Economic Operator  (5) 5
  • Article   4.16 Customs Brokers 5
  • Article   4.17 Review and Appeal 5
  • Article   4.18 Penalties 5
  • Article   4.19 Transit and Transportation 5
  • Article   4.20 Post Clearance Audit. 5
  • Article   4.21 Confidentiality 5
  • Article   4.22 Rules of Origin and Customs and Trade Facilitation Working Group 5
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   5.1 Definitions. 5
  • Article   5.2 Scope 5
  • Article   5.3 Objectives 5
  • Article   5.4 Affirmation of the SPS Agreement 5
  • Article   5.5 Competent Authorities and Contact Points 5
  • Article   5.6 Equivalence 5
  • Article   5.7 Recognition of Pest Freedom 5
  • Article   5.8 Risk Analysis 5
  • Article   5.9 Audit  (2) 5
  • Article   5.10 Trade Conditions 6
  • Article   5.11 Emergency Measures 6
  • Article   5.12 Import Checks and Fees 6
  • Article   5.13 Official Certification 6
  • Article   5.14 Cooperation on Antimicrobial Resistance 6
  • Article   5.15 Transparency, Notification, and Information Exchange 6
  • Article   5.16 Technical Working Groups 6
  • Article   5.17 Technical Consultations 6
  • Article   5.18 Sanitary and Phytosanitary Measures Sub-Committee 6
  • Article   5.19 Dispute Settlement 6
  • Chapter   6 ANIMAL WELFARE 6
  • Article   6.1 Objectives 6
  • Article   6.2 General Provisions 6
  • Article   6.3 Right to Regulate and Improvement of Farmed Animal Welfare 6
  • Article   6.4 Cooperation 6
  • Article   6.5 Animal Welfare Working Group 7
  • Article   6.6 Dispute Settlement 7
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 7
  • Section   A General Provisions 7
  • Article   7.1 Definitions 7
  • Article   7.2 Objectives 7
  • Article   7.3 Scope 7
  • Article   7.4 Incorporation of Certain Provisions of the TBT Agreement 7
  • Article   7.5 Cooperation 7
  • Article   7.6 International Standards, Guides, and Recommendations 7
  • Article   7.7 Equivalency of Technical Regulation 7
  • Article   7.8 Conformity Assessment 7
  • Article   7.9 Transparency 7
  • Article   7.10 Contact Points 7
  • Article   7.11 Technical Discussions 7
  • Article   7.12 Annexes and Implementing Arrangements 7
  • Article   7.13 Market Surveillance 7
  • Article   7.14 Marking and Labelling 7
  • Section   B Sector-Specific Provisions 7
  • Article   7.15 Cosmetic Products 7
  • Article   7.16 Medicinal Products 7
  • Article   7.17 Medical Devices 7
  • Chapter   8 TRADE REMEDIES 8
  • Section   A General Provisions 8
  • Article   8.1 Definitions 8
  • Article   8.2 Dispute Settlement 8
  • Section   B Anti-Dumping and Countervailing Duties 8
  • Article   8.3 General Provisions 8
  • Article   8.4 Transparency 8
  • Article   8.5 Lesser Duty 8
  • Article   8.6 Public Interest 8
  • Section   C Global Safeguards 8
  • Article   8.7 General Provisions 8
  • Article   8.8 Transparency 8
  • Section   D Bilateral Safeguards 8
  • Article   8.9 Adoption of Bilateral Safeguard 8
  • Article   8.10 Duration and Scope 8
  • Article   8.11 Investigation Procedure 8
  • Article   8.12 Notification and Consultation 8
  • Article   8.13 Provisional Adoption of Bilateral Safeguard 8
  • Article   8.14 Compensation 8
  • Article   8.15 Non-Cumulation 8
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Objectives. 8
  • Article   9.3 Scope 8
  • Article   9.4 Market Access 8
  • Article   9.5 National Treatment 9
  • Article   9.6 Most-Favoured-Nation Treatment 9
  • Article   9.7 Local Presence 9
  • Article   9.8 Non-Conforming Measures 9
  • Article   9.9 Payments and Transfers 9
  • Article   9.10 Subsidies 9
  • Article   9.11 Denial of Benefits 9
  • Article   9.12 Recognition 9
  • Article   9.13 Development Cooperation 9
  • Article   9.14 Services and Investment Sub-Committee 9
  • Chapter   10 DOMESTIC REGULATION 9
  • Article   10.1 Definitions 9
  • Article   10.2 Scope 9
  • Article   10.3 Administration of Measures of General Application 9
  • Article   10.4 Development of Measures 9
  • Article   10.5 Submission of Applications 9
  • Article   10.6 Application Timeframes 9
  • Article   10.7 Electronic Applications and Acceptance of Copies 9
  • Article   10.8 Processing of Applications 9
  • Article   10.9 Fees 9
  • Article   10.10 Examinations 9
  • Article   10.11 Objectivity, Impartiality, and Independence 9
  • Article   10.12 Publication and Information Available 9
  • Article   10.13 Review Procedures for Administrative Decisions 10
  • Article   10.14 Technical Standards 10
  • Article   10.15 Limited Number of Licences 10
  • Article   10.16 Opportunity to Comment Before Entry Into Force 10
  • Article   10.17 Enquiry Points 10
  • Chapter   11 FINANCIAL SERVICES 10
  • Article   11.1 Definitions 10
  • Article   11.2 Scope 10
  • Article   11.3 Specific Exceptions 10
  • Article   11.4 Prudential Exception 10
  • Article   11.5 National Treatment 10
  • Article   11.6 Market Access 10
  • Article   11.7 Financial Data and Information  (4) 10
  • Article   11.8 Payment and Clearing 10
  • Article   11.9 Self-Regulatory Organisations 10
  • Article   11.10 Senior Management and Boards of Directors 10
  • Article   11.11 Transparency 10
  • Article   11.12 Financial Services New to the Territory of a Party 11
  • Article   11.13 Diversity In Finance 11
  • Article   11.14 Sustainable Finance 11
  • Article   11.15 Financial Services Dispute Settlement 11
  • Article   11.16 Institutional 11
  • Article   11.17 Consultation 11
  • Article   11.18 Recognition of Prudential Measures 11
  • Article   11.19 Non-Conforming Measures 11
  • Article   11.20 Provision of Back-Office Functions 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Objectives 11
  • Article   12.3 Scope 11
  • Article   12.4 Approaches to Regulation 12
  • Article   12.5 Access and Use 12
  • Article   12.6 Access to Essential Facilities 12
  • Article   12.7 Interconnection 12
  • Article   12.8 Interconnection with Major Suppliers 12
  • Article   12.9 Number Portability 12
  • Article   12.10 Scarce Resources 12
  • Article   12.11 Competitive Safeguards on Major Suppliers 12
  • Article   12.12 Treatment by Major Suppliers 12
  • Article   12.13 Regulatory Principles 12
  • Article   12.14 Authorisation  (4) 12
  • Article   12.15 Transparency 12
  • Article   12.16 Universal Service Obligation 12
  • Article   12.17 International Mobile Roaming Services 12
  • Article   12.18 Dispute Resolution 12
  • Article   12.19 Confidentiality 12
  • Article   12.20 Flexibility In the Choice of Technology 12
  • Article   12.21 Cooperation 12
  • Chapter   13 TEMPORARY ENTRY OF BUSINESS PERSONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Scope 12
  • Article   13.4 Application Procedures 12
  • Article   13.5 Grant of Temporary Entry 13
  • Article   13.6 Provision of Information 13
  • Article   13.7 Institutional Arrangements 13
  • Article   13.8 Relation to other Chapters 13
  • Article   13.9 Dispute Settlement 13
  • Article   13.10 Cooperation on Return and Readmissions 13
  • Chapter   14 INVESTMENT 13
  • Article   14.1 Objectives 13
  • Article   14.2 Definitions 13
  • Article   14.3 Scope 13
  • Article   14.4 Relation to other Chapters 13
  • Article   14.5 Market Access 13
  • Article   14.6 National Treatment 13
  • Article   14.7 Most-Favoured-Nation Treatment 13
  • Article   14.8 Performance Requirements 13
  • Article   14.9 Senior Management and Boards of Directors 13
  • Article   14.10 Non-Conforming Measures 13
  • Article   14.11 Minimum Standard of Treatment  (14) 14
  • Article   14.12 Treatment In Case of Armed Conflict or Civil Strife 14
  • Article   14.13 Transfers 14
  • Article   14.14 Expropriation and Compensation  (15) 14
  • Article   14.15 Subrogation 14
  • Article   14.16 Special Formalities and Disclosure of Information 14
  • Article   14.17 Denial of Benefits 14
  • Article   14.18 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   14.19 Corporate Social Responsibility 14
  • Annex 14A  CUSTOMARY INTERNATIONAL LAW 14
  • Annex 14 B  EXPROPRIATION 14
  • Chapter   15 DIGITAL TRADE 14
  • Article   15.1 Definitions 14
  • Article   15.2 Objectives 14
  • Article   15.3 Scope and General Provisions 14
  • Article   15.4 Customs Duties 14
  • Article   15.5 Conclusion of Contracts by Electronic Means 14
  • Article   15.6 Domestic Electronic Transactions Framework 15
  • Article   15.7 Electronic Authentication 15
  • Article   15.8 Digital Identities 15
  • Article   15.9 Electronic Invoicing 15
  • Article   15.10 Paperless Trading 15
  • Article   15.11 Unsolicited Commercial Electronic Messages 15
  • Article   15.12 Commercial Information and Communication Technology Products That UseCryptography 15
  • Article   15.13 Personal Information Protection 15
  • Article   15.14 Cross-Border Transfer of Information by Electronic Means 15
  • Article   15.15 Location of Computing Facilities 15
  • Article   15.16 Open Internet Access 15
  • Article   15.17 Open Government Data 15
  • Article   15.18 Cooperation on Cyber Security Matters 15
  • Article   15.19 Digital Innovation and Emerging Technologies 15
  • Article   15.20 Digital Inclusion 15
  • Article   15.21 Cooperation 15
  • Article   15.22 Review 15
  • Chapter   16 GOVERNMENT PROCUREMENT 15
  • Article   16.1 Definitions 15
  • Article   16.2 Scope 16
  • Article   16.3 General Exceptions 16
  • Article   16.4 General Principles 16
  • Article   16.5 Information on the Procurement System 16
  • Article   16.6 Notices 16
  • Article   16.7 Conditions for Participation 16
  • Article   16.8 Qualification of Suppliers 16
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 17
  • Article   16.10 Environmental, Social, and Labour Considerations 17
  • Article   16.11 Facilitation of Participation by SMEs 17
  • Article   16.12 Time Periods 17
  • Article   16.13 Negotiation 17
  • Article   16.14 Limited Tendering 17
  • Article   16.15 Electronic Auctions 17
  • Article   16.16 Treatment of Tenders and Awarding of Contracts 17
  • Article   16.17 Transparency of Procurement Information 17
  • Article   16.18 Ensuring Integrity In Procurement Practices 18
  • Article   16.19 Disclosure of Information 18
  • Article   16.20 Domestic Review Procedures 18
  • Article   16.21 Modifications and Rectifications of Annex 18
  • Article   16.22 Government Procurement Working Group 18
  • Article   16.23 Further Negotiations 18
  • Chapter   17 Intellectual Property 18
  • Section   A General Provisions 18
  • Article   17.1 Definitions 18
  • Article   17.2 Objectives 18
  • Article   17.3 Principles 18
  • Article   17.4 Understandings In Respect of this Chapter 18
  • Article   17.5 Nature and Scope of Obligations 18
  • Article   17.6 Understandings Regarding Certain Public Health Measures 18
  • Article   17.7 National Treatment 18
  • Article   17.8 International Agreements 18
  • Article   17.9 Transparency 19
  • Article   17.10 Application of Chapter to Existing Subject Matter and Prior Acts 19
  • Article   17.11 Exhaustion of Intellectual Property Rights 19
  • Section   B Cooperation 19
  • Article   17.12 Contact Points 19
  • Article   17.13 Cooperation and Dialogue 19
  • Article   17.14 Intellectual Property Working Group 19
  • Article   17.15 Patent Cooperation and Work Sharing 19
  • Article   17.16 Cooperation on Request 19
  • Section   C Intellectual Property and Issues Related to Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions 19
  • Article   17.17 Cooperation 19
  • Article   17.18 Patent Examination and Traditional Knowledge Associated with Genetic Resources 19
  • Article   17.19 WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore 19
  • Article   17.20 Section Review 19
  • Section   D Trade Marks 19
  • Article   17.21 Types of Signs Registrable as Trade Marks 19
  • Article   17.22 Rights Conferred 19
  • Article   17.23 Exceptions 19
  • Article   17.24 Well-Known Trade Marks 19
  • Article   17.25 Procedural Aspects of Examination, Opposition, and Cancellation 19
  • Article   17.26 Bad Faith Applications 19
  • Article   17.27 Electronic Trade Marks Systems 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Section   E Geographical Indications 19
  • Article   17.31 Scope of Application of this Section 19
  • Article   17.32 Recognition and Protection of Geographical Indications 19
  • Article   17.33 Consultations on Recognition and Protection of Geographical Indications 19
  • Article   17.34 Alternative Review of this Section 20
  • Article   17.35 Lists of Geographical Indications 20
  • Section   F Registered Designs 20
  • Article   17.36 Protection of Registered Designs 20
  • Article   17.37 Duration of Protection 20
  • Article   17.38 Electronic Industrial Design System 20
  • Article   17.39 Relationship to Copyright 20
  • Article   17.40 International Registration of Industrial Designs 20
  • Section   G Copyright and Related Rights 20
  • Article   17.41 Authors 20
  • Article   17.42 Performers 20
  • Article   17.43 Producers of Phonograms 20
  • Article   17.44 Broadcasting Organisations 20
  • Article   17.45 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes  (16) 20
  • Article   17.46 Artist's Resale Right 20
  • Article   17.47 Limitations and Exceptions 20
  • Article   17.48 Term of Protection 20
  • Article   17.49 Collective Management Organisations 20
  • Article   17.50 Technological Protection Measures 20
  • Article   17.51 Rights Management Information 20
  • Section   H Patents 20
  • Article   17.52 Rights Conferred 20
  • Article   17.53 Patentable Subject Matter 20
  • Article   17.54 Exceptions 20
  • Article   17.55 Regulatory Review Exception 20
  • Article   17.56 Other Use without Authorisation of the Right Holder 20
  • Article   17.57 Amendments, Corrections, and Observations 20
  • Article   17.58 Publication of Patent Applications 20
  • Article   17.59 Information Relating to Published Patent Applications and Granted Patents 20
  • Article   17.60 Conditions on Patent Applicants 20
  • Section   I Undisclosed Test or other Data 20
  • Article   17.61 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 20
  • Article   17.62 Protection of Undisclosed Test or other Data for Pharmaceutical Products 21
  • Section   J Trade Secrets 21
  • Article   17.63 Trade Secrets 21
  • Section   K Enforcement 21
  • Subsection   K.1 Enforcement - General Obligations 21
  • Article   17.64 General Obligations 21
  • Subsection   K.2 Enforcement - Civil Remedies 21
  • Article   17.65 Entitled Applicants 21
  • Article   17.66 Provisional Measures for Preserving Evidence 21
  • Article   17.67 Provisional and Precautionary Measures 21
  • Article   17.68 Safeguards 21
  • Article   17.69 Right to Information 21
  • Article   17.70 Injunctions 21
  • Article   17.71 Corrective Measures 21
  • Article   17.72 Damages 21
  • Article   17.73 Costs 21
  • Subsection   K.3 Enforcement - Border Measures 21
  • Article   17.74 Border Measures 21
  • Subsection   K.4 Enforcement - Criminal Remedies 21
  • Article   17.75 Criminal Offences 21
  • Article   17.76 Penalties 21
  • Article   17.77 Seizure, Forfeiture, and Destruction 21
  • Article   17.78 Ex Officio Enforcement 22
  • Article   17.79 Liability of Legal Persons 22
  • Subsection   K.5 Enforcement In the Digital Environment 22
  • Article   17.80 General Obligations on Enforcement In the Digital Environment 22
  • Article   17.81 Limitations on Liability of Online Service Providers 22
  • Article   17.82 Blocking Orders 22
  • Article   17.83 Procedures for Domain Registries 22
  • Article   17.84 Disclosure of Information 22
  • Subsection   K.6 Enforcement Practices with Respect to Intellectual Property Rights 22
  • Article   17.85 Transparency of Judicial Decisions and Administrative Rulings 22
  • Article   17.86 Voluntary Stakeholder Initiatives 22
  • Article   17.87 Public Awareness 22
  • Article   17.88 Specialised Enforcement Expertise, Information and Domestic Coordination 22
  • Article   17.89 Environmental Considerations In Destruction and Disposal of Infringing Goods 22
  • Chapter   18 COMPETITION 22
  • Article   18.1 Objectives 22
  • Article   18.2 Competition Law and Authorities 22
  • Article   18.3 Procedural Fairness 22
  • Article   18.4 Private Rights of Action 22
  • Article   18.5 Cooperation 22
  • Article   18.6 Transparency 22
  • Article   18.7 Consultation 22
  • Article   18.8 Non-Application of Dispute Settlement 22
  • Chapter   19 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   19.1 Definitions 22
  • Article   19.2 Scope  (8) 22
  • Article   19.3 Delegated Authority 23
  • Article   19.4 Non-Discriminatory Treatment and Commercial Considerations 23
  • Article   19.5 Legal and Regulatory Framework 23
  • Article   19.6 Non-Commercial Assistance 23
  • Article   19.7 Adverse Effects 23
  • Article   19.8 Injury 23
  • Article   19.9 Transparency 23
  • Article   19.10 Technical Cooperation 23
  • Article   19.11 Contact Points 23
  • Article   19.12 Exceptions 23
  • Article   19.13 Process for Developing Information 24
  • Chapter   20 CONSUMER PROTECTION 24
  • Article   20.1 Objectives 24
  • Article   20.2 Consumer Protection Law 24
  • Article   20.3 Online Consumer Protection 24
  • Article   20.4 Transparency 24
  • Article   20.5 Consumer Redress In Cross-Border Transactions 24
  • Article   20.6 Cooperation 24
  • Article   20.7 Consultations 24
  • Chapter   21 GOOD REGULATORY PRACTICE AND REGULATORY COOPERATION 24
  • Article   21.1 Definitions 24
  • Article   21.2 General Principles 24
  • Article   21.3 Internal Coordination Processes and Mechanisms 24
  • Article   21.4 Public Consultation 24
  • Article   21.5 Impact Assessment 24
  • Article   21.6 Access to Regulatory Measures 24
  • Article   21.7 Periodic Review of Measures 24
  • Article   21.8 Cooperation General Provisions 24
  • Article   21.9 Cooperation on Good Regulatory Practice 24
  • Article   21.10 Contact Points on Good Regulatory Practice 24
  • Article   21.11 General Principles on Regulatory Cooperation 24
  • Article   21.12 Regulatory Cooperation Activities 25
  • Article   21.13 Contact Points on Regulatory Cooperation 25
  • Article   21.14 Relation to other Chapters 25
  • Article   21.15 Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Maori Environmental Concepts 25
  • Article   22.3 Context and Objectives 25
  • Article   22.4 General Commitments 25
  • Article   22.5 Multilateral Environmental Agreements 25
  • Article   22.6 Climate Change 25
  • Article   22.7 Environmental Goods and Services 25
  • Article   22.8 Fossil Fuel Subsidy Reform and Transition to Clean Energy 25
  • Article   22.9 Marine Capture Fisheries (4) 25
  • Article   22.10 Sustainable Agriculture 26
  • Article   22.11 Sustainable Forest Management 26
  • Article   22.12 Conservation of Biological Diversity 26
  • Article   22.13 Resource Efficient and Circular Economy 26
  • Article   22.14 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.15 Air Quality 26
  • Article   22.16 Protection of the Marine Environment from Ship Pollution and Marine Litter 26
  • Article   22.17 Voluntary Mechanisms to Enhance Environmental Performance 26
  • Article   22.18 Responsible Business Conduct and Corporate Social Responsibility 26
  • Article   22.19 Cooperation 26
  • Article   22.20 Institutional Arrangements 27
  • Article   22.21 Public Submissions 27
  • Article   22.22 Independent Advisory Groups 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • Chapter   23 TRADE AND LABOUR 27
  • Article   23.1 Definitions 27
  • Article   23.2 Objective 27
  • Article   23.3 Statement of Shared Commitment 27
  • Article   23.4 Right to Regulate and Levels of Protection 27
  • Article   23.5 Labour Rights  (1) 27
  • Article   23.6 Trade and Labour 27
  • Article   23.7 Decent Work 27
  • Article   23.8 Non-Discrimination and Gender Equality In the Workplace 27
  • Article   23.9 Modern Slavery 27
  • Article   23.10 Corporate Social Responsibility and Responsible Business Conduct 27
  • Article   23.11 Labour Cooperation 27
  • Article   23.12 Public Awareness 27
  • Article   23.13 Procedural Guarantees 27
  • Article   23.14 Advisory Groups 27
  • Article   23.15 Public Submissions 27
  • Article   23.16 Contact Points 28
  • Article   23.17 Labour Sub-Committee 28
  • Article   23.18 Labour Consultations 28
  • Article   23.19 Joint Committee Consultations 28
  • Article   23.20 Ministerial Consultations 28
  • Article   23.21 Consultation Procedure 28
  • Article   23.22 Dispute Settlement 28
  • Chapter   24 SMALL AND MEDIUM-SIZED ENTERPRISES 28
  • Article   24.1 General Principles 28
  • Article   24.2 Information Sharing 28
  • Article   24.3 Cooperation to Increase Trade and Investment Opportunities for SMEs 28
  • Article   24.4 Cooperation on Implementation of this Agreement 28
  • Article   24.5 SME Contact Points 28
  • Article   24.6 Obligations In the Agreement That Benefit SMEs 28
  • Article   24.7 Non-Application of Dispute Settlement 28
  • Chapter   25 TRADE AND GENDER EQUALITY 28
  • Article   25.1 Maori Terminology 28
  • Article   25.2 Objectives 28
  • Article   25.3 General Commitments 28
  • Article   25.4 International Instruments 28
  • Article   25.5 Cooperation 28
  • Article   25.6 Inclusive Trade Sub-Committee 29
  • Article   25.7 Contact Points 29
  • Article   25.8 Non-Application of Dispute Settlement 29
  • Chapter   26 MAORI TRADE AND ECONOMIC COOPERATION 29
  • Article   26.1 Maori Terminology 29
  • Article   26.2 Context and Purpose 29
  • Article   26.3 International Instruments 29
  • Article   26.4 Provisions Across the Agreement Benefitting Maori 29
  • Article   26.5 Cooperation Activities 29
  • Article   26.6 Recognition of Haka Ka Mate 29
  • Article   26.7 Inclusive Trade Sub-Committee 29
  • Article   26.8 Non-Application of Dispute Settlement 29
  • Chapter   27 TRADE AND DEVELOPMENT 29
  • Article   27.1 General Provisions 29
  • Article   27.2 Cooperation 29
  • Article   27.3 Inclusive Trade Sub-Committee 29
  • Article   27.4 Contact Points 29
  • Article   27.5 Dispute Settlement 29
  • Chapter   28 ANTI-CORRUPTION 29
  • Article   28.1 Definitions 29
  • Article   28.2 Scope 29
  • Article   28.3 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.4 Persons That Report Bribery or Corruption Offences 30
  • Article   28.5 Promoting Integrity Among Public Officials 30
  • Article   28.6 Participation of Private Sector and Civil Society 30
  • Article   28.7 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 30
  • Article   28.8 Relation to other Agreements 30
  • Article   28.9 Cooperation, Consultation, and Dispute Settlement 30
  • Chapter   29 TRANSPARENCY 30
  • Article   29.1 DefinitionsFor the Purposes of this Chapter: 30
  • Article   29.2 Publication 30
  • Article   29.3 Administrative Proceedings 30
  • Article   29.4 Review and Appeal  (1) 30
  • Article   29.5 Provision of Information 30
  • Article   29.6 Accessible and Open Government 30
  • Chapter   30 INSTITUTIONAL PROVISIONS 30
  • Article   30.1 Establishment of the Joint Committee 30
  • Article   30.2 Functions of the Joint Committee 30
  • Article   30.3 General Review 30
  • Article   30.5 Contact Points 30
  • Article   30.6 Exchange of Information 30
  • Article   30.7 Domestic Engagement 30
  • Article   30.8 Inclusive Trade Sub-Committee 30
  • Article   30.9 Sub-Committees 31
  • Article   30.10 Working Groups 31
  • Chapter   31 DISPUTE SETTLEMENT 31
  • Article   31.1 Definitions 31
  • Article   31.2 Objective 31
  • Article   31.3 Cooperation 31
  • Article   31.4 Scope 31
  • Article   31.5 Consultations 31
  • Article   31.6 Establishment of a Panel 31
  • Article   31.7 Composition of a Panel 31
  • Article   31.8 Qualifications of ArbitratorsAll Arbitrators Shall: 31
  • Article   31.9 Functions of a Panel 31
  • Article   31.10 Terms of Reference of a Panel 31
  • Article   31.11 Rules of Interpretation of a Panel 31
  • Article   31.12 Reports of a Panel 31
  • Article   31.13 Compliance with the Final Report 31
  • Article   31.14 Compliance Review 32
  • Article   31.15 Temporary Remedies In Case of Non-Compliance 32
  • Article   31.16 Compliance Review after the Adoption of Temporary Remedies 32
  • Article   31.17 Administration of the Dispute Settlement Procedure 32
  • Article   31.18 Choice of Forum 32
  • Article   31.19 Cases of Urgency 32
  • Article   31.20 Good Offices, Conciliation, and Mediation 32
  • Article   31.21 Mutually Agreed Solution 32
  • Article   31.22 Suspension and Termination of Proceedings 32
  • Article   31.23 Rules of Procedure and Code of Conduct 32
  • Article   31.24 Time Periods 32
  • Article   31.25 Expenses 32
  • Annex 31 A  RULES OF PROCEDURE 32
  • Appendix 31 A-a  CONFIDENTIAL INFORMATION 33
  • Appendix 31 A-b  DECLARATION OF NON-DISCLOSURE 33
  • Annex 31 B  CODE OF CONDUCT 33
  • Section   A Provision of Code of Conduct 33
  • Section   B Governing Principles 33
  • Section   C Disclosure Obligations 33
  • Section   D Performance of Duties 33
  • Section   E Independence and Impartiality of Arbitrators 33
  • Section   F Duties of Former Arbitrators 33
  • Section   G Maintenance of Confidentiality 33
  • Section   H Responsibilities of Experts, Assistants, Staff, and ADR Providers 33
  • Appendix 31 B-a  INITIAL DISCLOSURE STATEMENT 33
  • Chapter   32 GENERAL EXCEPTIONS AND GENERAL PROVISIONS 33
  • Article   32.1 General Exceptions 33
  • Article   32.2 Security Exceptions 33
  • Article   32.3 Measures to Safeguard the Balance of Payments 33
  • Article   32.4 Taxation Measures 33
  • Article   32.5 Treaty of Waitangi 34
  • Article   32.6 The National Health Service of the United Kingdom and the New Zealand Health and Disability System 34
  • Article   32.7 Disclosure of Information 34
  • Article   32.8 Confidentiality 34
  • Chapter   33 FINAL PROVISIONS 34
  • Article   33.1 Annexes, Appendices, and Footnotes 34
  • Article   33.2 Amended or Successor International Agreements 34
  • Article   33.3 Amendments 34
  • Article   33.4 Termination 34
  • Article   33.5 Laws and Regulations and Their Amendments 34
  • Article   33.6 Territorial Extension 34
  • Article   33.7 Territorial Disapplication 34
  • Article   33.8 Entry Into Force 34
  • Annex I  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 34
  • Annex I  Schedule of New Zealand 34
  • Annex I  Schedule of the United Kingdom 35
  • Annex II  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 35
  • Annex II  Schedule of New Zealand 36
  • Annex II  Schedule of the United Kingdom 39