3. The Parties shall endeavour to pursue quality patent examination, which may include, wherever applicable and appropriate, the use of databases or digital libraries which contain relevant information on traditional knowledge associated with genetic resources, and, when determining prior art, relevant publicly available documented information related to traditional knowledge associated with genetic resources may be taken into account.
4. The Parties shall endeavour to cooperate on areas of mutual interest with respect to genetic resources, traditional knowledge, and traditional cultural expressions, through appropriate coordination, training, or exchange of information, as determined mutually by the Parties. Cooperation may cover areas such as:
(a) strengthening the efforts to protect genetic resources, traditional knowledge and cultural expressions;
(b) conducting activities for the promotion and utilisation of genetic resources, traditional knowledge and cultural expressions;
(c) sharing of best practices and experiences to prevent misappropriation of genetic resour_ces, traditional knowledge and cultural expressions;
(d) sharing of best practices and experiences on the usefulness of the disclos_re requirements of origin or source of genetic resources and associated traditional knowledge in patent applications;
(e) strengthening and sharing the experiences for enhancing the transparency requirements of the patent system that is related to utilisation of genetic resources and associated traditional knowledge; and
(f) sharing experiences and exchange of information regarding the development of access and benefit-sharing legislations- or regulatory requirements; as well as other areas in common to the Parties that are relevant, inter alia, to the above mentioned activities and may also include joint implementation of the learnings for the equitable economic benefits of each Party.
SECTION G COPYRIGHT AND RELATED RIGHTS
Article 10.28
Rights of Reproduction, Distribution and Communication
1. Each Party shall provide14 to authors, performers and producers of phonograms15 the exclusive right to authorise or prohibit:
(a) all reproduction of their works, performances or phonograms in any manner or form, including in electronic form;
(b) the making available to the public of the original and copies16 of their works, performances and phonograms through sale or other transfer of ownership; and
(c) the commercial rental to the public of the original and copies of their performances fixed in phonograms as determined in the national law of each Party, even after their distribution.
2. Each Party shall provide to authors of phonogram17 the exclusive right to authorise or prohibit 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 these works from a place and at a time individually chosen by them.18
3. Copyright may not be restricted except in accordance with the laws and regulations in force in each Party and the TRIPS Agreement.
14 For greater certainty, the Parties understand that it is a matter for each Party's law to prescribe that works, performances or phonograms in general or any specified categories of works, performances and phonograms are not protected by copyright or related rights unless the work, performance or phonogram has been fixed in some material form.
15 The terms "authors, performers, and producers of phonograms" refer also to any of their successors in interest.
16 The expressions "copies" and "original and copies", that are subject to the right of distribution in this Article, refer exclusively to fixed copies that can be put into circulation as tangible objects.
17 The Parties understand that phonograms do not include cinematographic or other audiovisual works.
18 The Parties understand that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Chapter or the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). The Parties further understand that nothing in this Article precludes a Party from applying Article 11bis (2) of the Berne Convention.
Article 10.29 Related Rights
1. Each Party shall accord the rights provided for in this Chapter with respect to performers and producers of phonograms to the performers and producers of phonograms that are nationals19 of the other Party, and to performances or phonograms first published or first fixed20 in the territory of the other Party.21
2. Each Party shall provide to performers the exclusive right to authorise or prohibit:
(a) the broadcasting and communication to the public of their unfixed performances, unless the performance is already a broadcast performance; and
(b) the fixation of their unfixed performances.
3. Each Party shall provide to performers and producers of phonograms the exclusive right to authorise or prohibit the broadcasting or any communication to the public of their performances or phonograms, by wire or wireless means,22 and the making available to the public of those performances or phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them.
4. Notwithstanding paragraph 3 and Article 10.31 (limitations and Exceptions), the application of the right referred to in paragraph 3 to analogue transmissions and non-interactive free over-the-air broadcasts·, and exceptions or limitations to this right for those activities, is a matter of each Party's law.23
19 For the purposes of determining criteria for eligibility under this Article, with respect to performers, a Party may treat "nationals" as those who would meet the criteria for eligibility under Article 3 of the World Intellectual Property Performances and Phonograms Treaty (WPPT).
20 For the purpose of this Article, "fixation" means the embodiment of sound or moving images
or of the representation thereof from which they can be perceived, reproduced or communicated by means of a device.
21 For greater certainty, in this paragraph with respect to performances or phonograms first published or first fixed in the territory of a Party, a Party may apply the criterion of publication, or alternatively, the criterion of fixation, or both. For greater certainty, consistent with Article 10.7 (National Treatment), each Party shall accord to performances and phonograms first published or first fixed in the territory of the other Party treatment no less favourable than it accords to performances or phonograms first published or first fixed in its own territory.
22 For greater certainty, the obligation under this paragraph does not include broadcasting or communication to the public, by wire or wireless means, of the sounds or representations of sounds fixed in a phonogram that are incorporated in a cinematographic or other audio-visual work.
5. Both Parties shall endeavour to cooperate in the field of copyright and related rights covered by this Chapter for preventing and combating infringement, such as through appropriate coordination, training and exchange of information, between the respective intellectual property offices, or other institutions, as determined mutually by the Parties.
Article 10.30
Obligations Concerning Protection of Technological Measures and Rights Management Information
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 or producers of phonograms in connection with the exercise of their rights as provided under Articles 10.28 (Rights of Reproduction, Distribution and Communication) and 10.29 (Related Rights) of this Agreement, that restrict acts, in respect of their works, performances or phonograms, which are not authorised by the authors, performers or producers of phonograms concerned or permitted by law.
2. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alters any electronic rights management information or distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights management information24 has been removed or altered without authorisation.
Article 10.31 Limitations and Exceptions
With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.
23 For the purposes of this paragraph, the Parties understand that a Party may provide for the retransmission of non-interactive, free over-the-air broadcasts, provided that these retransmissions are lawfully permitted by that Party's government communications authority; any entity engaging in these retransmissions complies with the relevant rules, orders or regulations of that authority; and these retransmissions do not include those delivered and accessed over the internet. For greater certainty, this footnote does not limit a Party's ability to avail itself of this paragraph.
24 For the purpose of clarity,"rights management information" shall be interpreted in accordance with Article 12 of the W/PO Copyright Treaty, done at Geneva on 20 December 1996.
SECTION H ENFORCEMENT
Article 10.32
General Obligation in Enforcement
1. Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
2. Procedures concerning the enforcement of intellectual property rights shall be fair and equitable.
3. It is understood that this part does not create any application 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 the Parties to enforce their law in general. Nothing in this Section creates any obligation with respect to the distribution of resources, as between enforcement of intellectual property rights, and the enforcement of law in general.
Chapter 11. MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
Article 11.1 General Principles
1. Recognising the fundamental role of SMEs in maintaining the dynamism and enhancing the competitiveness of their respective economies, the Parties shall foster close cooperation between their SMEs and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognise the integral role of the private sector in SME cooperation under this Chapter.
Article 11.2
Cooperation to Increase Trade and Investment Opportunities for SMEs
1. With a view to facilitating robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall:
(a) promote cooperation between the Parties' small business support infrastructure, including dedicated SME centres, incubators and accelerators, export assistance centres, and other centres, as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen collaboration with the other Party on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade;
(c) enhance cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, increasing SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and
(d) encourage participation in purpose-built mobile or web-based platforms for business entrepreneurs to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 11.3
Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall endeavour to include in its website links to:
(a) the websites of the equivalent entities of the other Party; and
(b) the websites of its own government agencies and other appropriate entities that provide information which the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in subparagraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration and corporate structuring procedures;
(g) trade promotion programmes;
(h) competitiveness programmes;
(i) SME investment and financing programmes;
(j)employment regulations;
(k) taxation regulations, accounting and reporting procedures, or enquiry points;
(I) government procurement opportunities; and
(m) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure that the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information in this Article available in the English language.
Article 11.4 Committee on SME
1. The Parties shall establish the Committee on SME (SME Committee) comprising representatives of each Party.
2. The SME Committee shall:
(a) identify ways to assist SMEs in the Parties' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting SME exporters with respect to, inter alia, training programmes, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials;
(d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
(e) explore opportunities for capacity building to facilitate each Party's work in developing. and enhancing SME export counselling, assistance, and training.programmes;
(f) recommend additional information that a Party may include on the website referred to in Article 11.3 (Information Sharing);
(g) review and coordinate its work programmes with the work of other committees, subcommittees and working groups established under this Agreement, to avoid duplication of work programmes and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage committees, subcommittees and working groups established under this Agreement to consider SME-related commitments and activities into their work;
(i) review the implementation and operation of SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programmes as appropriate;
U) facilitate the development of programmes to assist SMEs to participate and integrate effectively into the Parties' regional and global supply chains;
(k) promote the participation of SMEs in digital trade enabling them to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(I) facilitate the exchange of information on entrepreneurship education and awareness programmes for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Joint Committee; and
(n) consider any other matter pertaining to SMEs as the SME Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Committee shall meet within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties agree otherwise.
4. The SME Committee may seek to collaborate with appropriate experts in carrying out its programmes and activities.
Article.11.5
Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 12. COOPERATION
Article 12.1 Objectives
1. The Parties affirm the importance of all forms of cooperation, with particular attention to economic, trade and technical cooperation, as a means to contribute to the implementation of this Agreement, to promote, liberalise and facilitate trade and investment between the Parties and to enhance the ability of the Parties to take advantage of the economic opportunities created by the Agreement.
2. Cooperation between the Parties under this Chapter shall complement the cooperation and cooperative activities between the Parties set out in this Agreement and in other cooperation agreements or arrangements between them with the objective of maximizing its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
Article 12.2 Scope
1. Cooperation and capacity building activities may include the following areas:
(a) trade and investment promotion;
(b) human resource and skill development;
(c) tourism and cross-cultural cooperation;
(d) digital transformation, and information and communications technology;
(e) agricultural products, food security, livestock, fisheries and aquaculture;
(f) mining and minerals;
(g) pharmaceutical industry and health care;
(h) energy, including renewable energy;
(i) logistics and physical infrastructure;
(j) digital trade and e-commerce;
(k) space technology;
(I) defence manufacturing; and
(m) innovation.
2. The Parties shall endeavour to include, inter alia, the following activities for cooperation and capacity building:
(a) dialogue on policies and regular exchanges of information and views on ways to promote and expand trade and investment between the Parties;
(b) joint collaboration for studies and technical projects of economic interest according to the economic development needs identified by the Parties;
(c) providing assistance and facilities to business persons and trade missions of a Party that visit the other Party with the knowledge and support of its relevant agencies;
(d) supporting dialogue and exchange of best practices among the respective stakeholders of the Parties; and
(e) establishing and developing mechanisms for providing information
and identifying opportunities for business cooperation, trade and investment.
3. The Parties shall regularly review cooperation and capacity building areas and activities set forth in this Article and, where appropriate, recommend new areas and activities for further cooperation.
Article 12.3
Agricultural Products, Food Security, Livestock, Fisheries and Aquaculture
1. The Parties acknowledge that agriculture, fisheries, aquaculture and marine products play a considerable role in both economies.
Cooperation and capacity building activities in these sectors may include:
(a) sharing best practice principles and exploring collaborative opportunities in agricultural research, fisheries and aquaculture, animal breeding and trade in agricultural commodities including new plant varieties and food security, including various types of millets and other ancient grains, aquaculture inputs and marine products between the Parties; and .
(b) developing training programmes for leading producers including agriculture and aquaculture farmers, fishermen, technicians, and professionals in order to improve the productivity and competitiveness in fisheries, aquaculture, agricultural products including various types of millets and other ancient grains, livestock and agricultural value-added products; and
(c) building an ecosystem with the requisite supply chain linkages, technological repository, awareness creation, policy changes, and developing knowledge and understanding of each other's markets, consumer preferences, emerging segments, standards, regulations, and trade policies.
Article 12.4 Mining and Minerals
1. The Parties shall promote cooperation in the sectors of mining and minerals, as a way to promote investment and technology transfer in these sectors.
2. The Parties shall endeavour to cooperate, inter alia, in the following activities:
(a) promoting and facilitating trade and investment in the sectors relating to mining and minerals;
(b) facilitating access to mining and minerals projects, mining equipment, services, etc., wherever possible for public and private entities in accordance with the laws and regulations of the Parties;
(c) promoting cooperation, on a mutual basis, in geological mapping and research, prospecting, exploration and mining development, beneficiation of ores and minerals within their territories and of non-Parties;
(d) collaborating on action to support transparent, open, predictable, secure, and resilient supply chains for mining and minerals, including through bilateral and multilateral mechanisms;