(e) Brussels Convention;
(f) Geneva Convention;
(g) Paris Convention;
(h) Patent Cooperation Treaty (2001);
(i) WIPO Copyright Treaty (1996); and
(j) WIPO Performances and Phonograms Treaty (1996).
Article 16.4. National Treatment and Most Favored Nation
Subject to the exceptions and exemptions provided for in Articles 3, 4 and 5 of the TRIPS Agreement, each Party shall grant to nationals of the other Party:
(a) treatment no less favorable than that accorded to its own nationals with respect to the protection (2) of intellectual property; and
(b) any advantage, favor, privilege or immunity granted to nationals of any other State with respect to the protection of intellectual property.
Article 16.5. Control of Abusive or Anti-Competitive Terms and Conditions and Practices
Provided that they are consistent with the provisions of this Chapter, each Party may apply appropriate measures to prevent the abuse of intellectual property rights by right holders or the use of practices that unreasonably restrain trade or adversely affect the international transfer of technology.
Article 16.6. Technical Cooperation and Technology Transfer
1. The Parties recognize the importance of technical cooperation to facilitate the implementation of the provisions of this Chapter and to ensure effective and adequate protection of intellectual property rights, for which purpose the Parties shall cooperate on a basis of equity and mutual benefit, on such terms and conditions as their competent authorities may mutually agree. Such cooperation may include the following:
(a) development of activities to raise public awareness of the importance of intellectual property protection;
(b) seminars, workshops, meetings, visits and exchanges of experts; and
(c) implementation of joint projects and programs.
2. The implementation of this Article shall be subject to the availability of financial resources and the applicable laws and regulations of each Party.
3. The costs of cooperative activities pursuant to this Article shall be borne in such manner as the Parties may mutually agree.
4. The competent intellectual property authorities shall be responsible for establishing the details and procedures for cooperative activities in accordance with this Article.
5. The Parties shall cooperate with a view to eliminating trade in goods that infringe intellectual property rights. To this end, the Parties shall establish and publicize points of contact within their governments for the exchange of information relating to trade in such goods.
Section B. Copyrights and Related Rights
Article 16.7. Protection of Copyrights and Related Rights
1. Each Party shall protect the moral and economic rights of authors of works covered by Article 2 of the Berne Convention, including any other work embodying an original expression within the meaning of that Convention, such as computer programs, or compilations of data which by reason of their selection, arrangement, compendium, arrangement or arrangement of their contents constitute intellectual creations.
2. The protection conferred on compilations of data shall not extend to the data or materials themselves, nor shall it be granted to the prejudice of any copyright existing in such data or materials.
3. Each Party shall provide that for copyright and related rights:
(a) any person acquiring or holding economic rights may freely and separately transfer them by contract for the purpose of exploitation and enjoyment by the transferee; and
(b) any person who acquires and holds such economic rights by virtue of a contract, including contracts of employment involving the creation of any kind of work and production of phonograms, has the capacity to exercise such rights in his own name and to enjoy fully the benefits derived from such rights.
Article 16.8. Performers
The rights that have not been expressly transferred by the performer shall be understood to be reserved in favor of him, except in the cases provided for in the national legislation of each Party.
Article 16.9. Broadcasting Organizations
Each Party shall grant broadcasting organizations the right to authorize or prohibit the reception of their broadcasts in connection with commercial activities.
Article 16.10. Protection of Encrypted Program-carrying Satellite Signals
Each Party shall establish as a cause of civil liability, whether or not in conjunction with criminal liability, in accordance with its national law, the reception in connection with commercial activities, or the further distribution of an encrypted program-carrying satellite signal, which has been received without the authorization of the lawful distributor of the signal.
Section C. Trademarks
Article 16.11. Well-Known Trademarks
1. It shall be understood that a trademark is well known when a determined sector of the public or of the commercial circles of the Party in which the notoriety is claimed, knows the trademark as a consequence of the commercial or promotional activities developed by a person who uses that trademark in relation to its products or services. For the purpose of proving the notoriety of the trademark, all the means of proof admitted in the Party in question may be used.
2. The Parties shall not register as a trademark those signs equal or similar to a well-known trademark that, in order to be applied to any merchandise or service, its use could indicate a connection with the owner of the well-known trademark, or harm the interests of the owner of the well-known trademark.
Article 16.12. Duration of Protection
The initial registration of a trademark shall have a duration of 10 years from the date of filing of the application or from the date of its registration, according to the national legislation of each Party, and may be renewed indefinitely for successive periods of 10 years, provided that the conditions for renewal are satisfied.
Article 16.13. Use Requirement
1. The registration of a trademark may be declared lapsed or cancelled for non- use only after the lapse of, at least, an uninterrupted period of non-use of 3 years, unless the owner of the trademark demonstrates valid reasons supported by the existence of obstacles to use. Circumstances arising independently of the will of the trademark owner that constitute an obstacle to the use of the trademark, such as import restrictions or other governmental requirements applicable to goods or services protected by the trademark, shall be recognized as valid reasons for non- use.
2. A trademark shall be understood to be in use when the goods or services that it distinguishes have been placed in commerce or are available on the market, in the quantity and in the manner that normally corresponds, taking into account the nature of the goods or services and the modalities under which they are marketed.
Section D. Patents
Article 16.14. Patentable Subject Matter
In relation to Article 27.3(b) of the TRIPS Agreement, the Parties shall provide for the protection of plant varieties by patents, an effective sui generis system or a combination thereof, in accordance with the provisions of their national legislation. To the extent consistent with its national law, without implying any commitment of adherence, each Party shall consider meeting the existing substantive provisions of the International Convention for the Protection of New Varieties of Plants (UPOV 1991).
Section E. Utility Models
Article 16.15. Utility Model Protection
Each Party shall protect utility models in accordance with its national legislation.
Section F. Industrial Designs
Article 16.16. Conditions and Duration of Protection
1. Each Party shall grant protection to independently created industrial designs that are new or original. Each Party may provide that designs shall not be considered new or original if they do not differ to a significant degree from known designs or combinations of features of known designs. Each Party may provide that such protection shall not extend to designs based essentially on functional or technical considerations.
2. Each Party shall ensure that the requirements for obtaining industrial design protection, particularly as regards any cost, examination or publication, do not unreasonably hamper the opportunity of a person to apply for and obtain such protection. Parties shall be free to implement this obligation through their industrial design law or through their copyright law.
3. Each Party shall grant a period of protection equivalent to at least 10 years, which may be counted from the date of filing of the application.
Article 16.17. Rights Conferred
1. The owner of a protected industrial design shall have the right to prevent third parties without his consent from manufacturing, selling or importing articles bearing or incorporating a protected design or essentially a copy thereof, when such acts are carried out for commercial purposes.
2. The Parties may provide for limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of the protected industrial designs, nor unreasonably prejudice the legitimate interests of the owner of the protected design, taking into account the legitimate interests of third parties.
Section G. Undisclosed Information
Article 16.18. Protection of Undisclosed Information
1. In order to grant protection, each Party may require that a trade secret be contained in documents, electronic or magnetic media, optical discs, microfilms, films or other similar instruments.
2. No Party may limit the duration of protection for industrial or trade secrets as long as the conditions described in Article 39.2 of the TRIPS Agreement exist.
3. No Party shall discourage or prevent the voluntary licensing of trade secrets by imposing excessive or discriminatory conditions on such licenses, or conditions that dilute the value of trade secrets.
Section H. Geographical Indications and Appellations of Origin
Article 16.19. Protection of Geographical Indications and Appellations of Origin
1. In accordance with Article 22.1 of the TRIPS Agreement, the names listed in Annex 16.19(a) are geographical indications and appellations of origin that are protected in Costa Rica, El Salvador, Guatemala, Honduras or Nicaragua; and the names listed in Annex 16.19(b) are geographical indications and appellations of origin that are protected in Mexico.
2. Any Party that grants protection to geographical indications and appellations of origin in Annexes 16.19(a) and 16.19(b) through the Lisbon Agreement shall maintain such protection. Such geographical indications and appellations of origin shall, in addition, enjoy the protection provided for in Article 16.20.(3) The protection granted under this paragraph shall extend to geographical indications and appellations of origin that, after the entry into force of this Agreement, are protected through the Lisbon Agreement by the Parties or in accordance with the national legislation and procedures of the other Party.
3. Without prejudice to the provisions of paragraph 4 and Article 16.20.6, any Party that does not grant protection to geographical indications and appellations of origin through the Lisbon Agreement shall protect such names as geographical indications or appellations of origin in its territory, subject to the requirements and procedures provided for in its national legislation. Once such procedures are concluded, the geographical indications or appellations of origin shall enjoy the protection granted in Article 16.20.
4. Pending the completion of the procedures referred to in paragraph 3, the Parties shall take the necessary measures to prevent the registration of distinctive signs that may cause confusion as to their origin and any other act that may be considered unfair competition, which may prejudice the rights of the owners of the geographical indications and appellations of origin contained in Annex 16.19(b), in the territory of the Party concerned.
5. Mexico shall grant to the geographical indications and appellations of origin of Annex 16.19(a), the protection provided for in Article 16.20.
6. Pending the entry into force of its national legislation on the subject of protection of foreign geographical indications, Mexico shall grant the protection established in Article 16.20 to new geographical indications, provided that it is demonstrated that they are protected in accordance with the national legislation of the Party concerned and there are no precedents of conflicting marks in its databases. Once such procedures are concluded, Mexico shall notify the Party concerned.
Article 16.20. Content of the Protection of Geographical Indications and Appellations of Origin
1. Each Party shall protect geographical indications and appellations of origin, under the terms of its national legislation.
2. In relation to geographical indications and appellations of origin, each Party shall establish the legal means for interested persons to prevent:
(a) the use of any means in the designation or presentation of the product that indicates or suggests that the product in question comes from a territory, region or locality other than the true place of origin, in such a way as to mislead the public as to the geographical origin of the product; and
(b) any other use that constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention.
3. The Parties shall, ex officio, if their national legislation so permits, or at the request of an interested party, refuse or invalidate the registration of a trademark containing or consisting of a geographical indication or appellation of origin in respect of goods not originating in the territory indicated, if the use of such indication in the trademark for such goods in that Party is of such a nature as to mislead the public as to the true place of origin.
4. Paragraphs 2 and 3 shall apply to any geographical indication or appellation of origin which, although correctly indicating the territory, region or locality in which the goods originate, gives the public a false idea that the goods originate in another territory, region or locality.
5. With respect to geographical indications and appellations of origin, each Party shall establish the means to prevent the importation (4), manufacture or sale of a good that uses a geographical indication or appellation of origin protected in the other Party, unless it has been produced and certified in that Party, in accordance with the laws, regulations and standards applicable to such goods.
6. Parties that do not grant protection to geographical indications and appellations of origin through the Lisbon Agreement recognize Tequila and Mezcal as distinctive products of Mexico for standards and labeling purposes. Consequently, those Parties shall not permit the sale of any product as Tequila or Mezcal unless it has been produced in Mexico in accordance with their laws and regulations relating to the production of Tequila and Mezcal. The protection referred to in this paragraph shall commence with the entry into force of this Agreement and shall remain in force until protection is obtained in accordance with the domestic legal procedures referred to in Article 16.19.3.
Chapter XVII. Dispute Resolution
Article 17.1. Definitions
For the purposes of this Chapter, the following definitions shall apply:
Code of Conduct: the Code of Conduct established by the Administrative Committee pursuant to Article 19.1.3(b)(iv) (Administrative Committee);
Dispute Settlement Understanding: the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement;
perishable goods: perishable agricultural and fishery goods classified in Chapters 1 to 24 of the Harmonized System;
designated office: the office referred to in Article 19.3 (Administration of Dispute Settlement Procedures);
Arbitral Panel: the Arbitral Panel established pursuant to Article 17.8 and, if applicable, pursuant to Article 17.19;
Consulting Parties: the Party consulted and the consulting Party;
Disputing Party: the complaining Party or the Party complained against;
Party complained against: the Party against which a claim is made, which may be composed of one or more Parties; in no case may Mexico be a Party complained against jointly with any other Party;
Complaining Party: the party making a claim, which may be composed of one or more Parties:
(a) in no case may Mexico make the claim jointly with any other Party; and
(b) Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua, individually or jointly, may only use this dispute settlement procedure to formulate claims against Mexico; and
third Party: a Central American State that has a substantial interest in the dispute and is not a disputing Party to the dispute.
Article 17.2. Cooperation
1. The Parties shall at all times endeavor to reach agreement on the interpretation and application of this Agreement through cooperation and consultation, and shall endeavor to reach a mutually satisfactory resolution of any matter that may affect its operation.
2. All solutions of matters arising under the provisions of this Chapter shall be consistent with this Agreement and shall not nullify or impair the benefits accruing to the Parties under this Agreement, nor shall they impede the attainment of its objectives.
3. The solutions referred to in paragraph 2 shall be notified to the Administrative Commission within 15 days of the agreement of the Parties.
Article 17.3. Scope of Application
Except as otherwise provided in this Agreement, the provisions of this Chapter shall apply:
(a) to the prevention or settlement of all disputes between the Parties concerning the application or interpretation of this Agreement; or
(b) where a Party considers that an existing or proposed measure of another Party is or may be inconsistent with the obligations of this Agreement; or
(c) cases in which a Party considers that an existing or proposed measure of another Party causes or may cause nullification or impairment within the meaning of Annex 17.3.
Article 17.4. Election of Forum
1. Disputes arising in connection with the provisions of this Agreement and the WTO Agreement may be settled in the forum of the complaining Party's choice.
2. Once the complaining Party has requested the establishment of an Arbitral Panel pursuant to Article 17.8 or a panel pursuant to Article 6 of the Dispute Settlement Understanding, the forum selected shall be exclusive of any other forum in relation to the same matter.
Article 17.5. Perishable Goods
In disputes relating to perishable goods, the time limits established in this Chapter shall be reduced by half, notwithstanding that the disputing Parties by mutual agreement may decide to modify them.
Article 17.6. Consultations
1. Any Party may request in writing to the other Party or Parties that consultations be held with respect to any existing or proposed measure or any other matter that it considers may affect the operation of this Agreement under the terms of Article 17.3.
2. The request shall be delivered by the consulting Party to the Party consulted, through the designated office, with a copy to the other Parties. The request shall state the reasons for the request and shall include identification of the measure in force or proposed measure or other matter at issue and an indication of the legal basis for the complaint. Where appropriate, the other Central American Parties may participate in the consultations as consulting Parties, provided that they express their substantial commercial interest in the matter in writing within 5 days of the submission of the request for consultations.
3. A Party that considers that it has a substantial commercial interest in the matter may participate in the consultations in its capacity as a third Party, if it notifies the other Parties in writing through the designated offices within 5 days from the date on which the request for consultations was delivered.
4. Through consultations under this Article or in accordance with any other advisory provision of the Treaty, the consulting Parties shall make every effort to reach a mutually satisfactory resolution of any matter. For these purposes, the consulting Parties:
(a) shall examine with due diligence the inquiries made to them;
(b) provide sufficient information to examine how the adopted or proposed measure, or any other matter, could affect the operation of this Agreement; and
(c) shall treat confidential information exchanged during consultations in the same manner as the Party that provided it.
5. In consultations under this Article, a consulting Party may request another consulting Party to make available, to the extent possible, personnel of its governmental agencies or other regulatory bodies having competence in the subject matter of the consultations.
6. Consultations may be held in person or by technological means, at the place agreed upon by the consulting Parties, or in case of disagreement, in the capital of the consulted Party.
7. The consultation period shall not exceed 30 days from the date of receipt of the request for consultations, unless the consulting Parties agree to extend this period.
8. The consultations shall be confidential and without prejudice to the rights of any Party in any other possible proceedings.
9. Consultations held pursuant to Articles 8.15 (Technical Consultations) and 9.13 (Technical Consultations), or under any other Chapter, shall not replace the consultations referred to in this Article.
Article 17.7. Intervention of the Administrative Commission - Good Offices, Conciliation and Mediation
1. Any consulting Party may request in writing, through the designated office, that the Administrative Commission (1) be convened whenever a matter is not resolved in accordance with Article 17.6 within:
(a) within 30 days of receipt of the request for consultation; or
(b) any other period agreed upon by the consulting Parties.
2. A consulting Party may also request in writing, through the designated office, that the Administrative Commission be convened when technical consultations have been conducted in accordance with other provisions provided for in the Treaty.
3. The requesting Party shall deliver the request to the other Parties through the designated offices. The request shall state the reasons, include identification of the measure in force or proposed measure or other matter at issue and an indication of the legal basis of the complaint.
4. The Administrative Commission shall meet within 10 days of receipt of the request and may, with the objective of reaching a mutually satisfactory resolution of the dispute:
(a) convene technical advisors or set up such working groups or expert groups as it deems necessary;
(b) use of good offices, conciliation, mediation or other alternative means of dispute resolution; or
(c) formulate recommendations.
5. Unless it decides otherwise, the Administrative Commission may join 2 or more proceedings before it pursuant to this Article, relating to the same measure in force or proposed measure or matter in question. Likewise, the Administrative Commission may join 2 or more proceedings relating to other matters before it pursuant to this Article, when it considers it appropriate to examine them jointly.
Article 17.8. Request for Establishment of Arbitration Panel
1. Any consulting Party may request in writing the establishment of an Arbitral Panel when the matter has not been resolved within:
(a) 10 days following receipt of the request for action by the Administrative Committee, if the Administrative Committee has not met in accordance with Article 17.7.1;
(b) 30 days after the meeting of the Administrative Commission, in accordance with the provisions of Article 17.7.4;
(c) 30 days after the Administrative Commission has met to deal with the most recent matter submitted for its consideration, when several proceedings have been joined in accordance with Article 17.7.5; or
(d) anyother period agreed upon by the consulting Parties.
2. The complaining Party shall deliver the request through the designated office to the other Parties. The request shall state the reasons and include identification of the measure or matter at issue and an indication of the legal basis of the complaint.
3. With the submission of the request, it shall be understood that the Arbitration Panel has been established by the Administrative Commission (2).
4. A Party that is entitled under paragraph 1 to request the establishment of an Arbitral Panel may participate in the proceeding as a complaining Party by delivering its request in writing to the other Parties through the designated offices. The request shall be delivered as soon as possible, but in no case later than 5 days from the date on which a Party has delivered the request for the establishment of the Arbitral Panel.
5. lf a Party decides not to intervene as a complaining Party in accordance with paragraph 4, it shall thereafter refrain from initiating with respect to the same matter, absent a significant change in economic or commercial circumstances:
(a) adispute settlement procedure in accordance with this Chapter; or
(b) a dispute settlement procedure in accordance with the Dispute Settlement Understanding, invoking grounds substantially equivalent to those that such Party could invoke under this Agreement.
6. Unless otherwise agreed by the disputing Parties, the Arbitration Panel shall be composed and perform its functions in accordance with the provisions of this Chapter, the Model Rules of Procedure and the Code of Conduct.