1. Each Party reaffirms its commitments established in existing international agreements in the field of intellectual property rights, to which both are parties, in particular the TRIPS Agreement.
2. Each Party shall establish and maintain transparent intellectual property rights regimes and systems that seek to:
(a) provide certainty over the protection and enforcement of intellectual property rights; and
(b) facilitate international trade through the dissemination of ideas, technology, science and creative works.
3. Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent the abuse of intellectual property rights by right holders or practices that unreasonably restrain trade or the international transfer of technology or practices that in particular cases have an adverse effect on competition in the relevant market, provided that such measures are consistent with each Party's international obligations and domestic laws.
Article 13.3. Genetic Resources, Traditional Knowledge and Folklore
1. The Parties recognize the contribution made by the genetic resources, traditional knowledge and folklore to scientific, cultural and economic development.
2. The Parties acknowledge and reaffirm the principles and provisions established in the Convention on Biological Diversity adopted on 5 June 1992 and encourage a mutually supportive relationship between the TRIPS Agreement and the Convention on Biological Diversity.
3. Subject to each Party's international obligations and domestic laws, each Party may adopt or maintain measures to promote the conservation of biological diversity, the sustainable utilization of its components and the fair and equitable participation in the benefits arising from the utilization of genetic resources, traditional knowledge and folklore in conformity with what is established in the aforementioned Convention.
Article 13.4. Patents and Public Health
1. The Parties recognize the principles established in the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO (as found in document WT/MIN(01)/DEC/2 dated 20 November 2001). In interpreting and implementing the provisions under this Chapter, the Parties shall ensure consistency with this Declaration.
2. The Parties shall respect the Decision of the WTO General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol Amending the TRIPS Agreement, done at Geneva on 6 December 2005.
Article 13.5. Geographical Indications
1. The Parties recognize the importance of geographical indications and reaffirm the obligations in the TRIPS Agreement in relation to Articles 22, 23 and 24 on geographical indications, and shall provide for protection of geographical indications in their domestic laws consistent with the TRIPS Agreement.
2. The Parties agree to launch future negotiations through the Commission for the inclusion of a list of terms that are recognized as geographical indications for agricultural products in the respective Party, within the meaning of Article 22.1 of the TRIPS Agreement. The particular terms to be included and the number of such terms remain to be discussed and agreed by the Commission. Subject to the respective Party's domestic laws, in a manner that is consistent with the TRIPS Agreement, such terms if included, will be protected as geographical indications in the territory of the other Party (31).
Article 13.6. Cooperation
1. In relation to intellectual property, the Parties agree that they may cooperate on the following areas:
(a) intellectual property management, licensing, registration, and exploitation, through the exchange of information and sharing of experiences;
(b) technology and market intelligence through exchange of experience and information, as mutually agreed by the Parties;
(c) exchange of information on the implementation of intellectual property systems, aimed at promoting the efficient registration of intellectual property rights;
(d) policy dialogue on intellectual property initiatives in multilateral and regional fora; and
(e) exchange of information and cooperation on appropriate initiatives to promote awareness of the benefits of intellectual property rights and systems.
2. All cooperation under this Article shall be carried out on terms that are mutually acceptable to the intellectual property offices and relevant authorities of each Party. Cooperation shall also be subject to the availability of resources of each Party.
Chapter 14. Cooperation, Promotion and Enhancement of Trade Relations
Section A. General Provisions
Article 14.1. General Objective
The objective of this Chapter is to implement programs of mutual assistance in areas that will allow a high level of benefits derived from trade relations and the promotion of investment. This objective shall be accomplished through the framework set out in this Chapter for present and future development of cooperative relations between the Parties.
Article 14.2. Specific Objectives
In this Chapter, priority shall be given to the following objectives:
(a) promoting economic and social development;
(b) strengthening the capabilities and competitiveness of the Parties to maximize the opportunities and benefits derived from this Agreement;
(c) increasing the level and depth of cooperative activities among the Parties in areas of mutual interest, with special attention to economic, trade, financial, technological, educational and cultural aspects;
(d) encouraging the presence of the Parties and their goods and services in their respective markets in Asia Pacific and Latin America;
(e) stimulating productive synergies, creating new opportunities for trade and investment, and promoting competitiveness and innovation;
(f) accomplishing a greater impact in scientific, technological and knowledge transfer, research and development, innovation, and entrepreneurship;
(g) increasing the export capacity of small and medium enterprises (SMEs);
(h) generating a greater and deeper level of supply chain linkages; and
(i) reinforcing and expanding cooperation, collaboration, mutual interchanges and good practices in areas of mutual interest.
Section B. Cooperation Areas
Without prejudice to the possibility of extending cooperation to other areas, the Parties agree to set as priority the areas in this Section, with the aim of accomplishing the objectives of this Chapter.
Article 14.3. Small and Medium Enterprises
1. The Parties shall support the enhancement of SMEs' competitiveness and their insertion in the international markets on the basis of strengthening their productive capabilities.
2. Cooperation shall include, among others, activities to:
(a) design and execute mechanisms to encourage partnerships and development of productive linkages; and
(b) develop SMEs' competitiveness through the exchange of information between the relevant institutions of both Parties and such other mechanisms as may be agreed by these institutions.
Article 14.4. Promotion of Science and Technology, Innovation, Technology and Knowledge Transfer, and Entrepreneurship
1. The Parties recognize the importance of the promotion and the facilitation of cooperation activities in science and technology, innovation, technology and knowledge transfer, and entrepreneurship, aiming to achieve a greater social and economic development. The Parties shall also consider the access to and transfer of knowledge and technology between them at national (including different stakeholders such as universities, private sector, and government) and international levels.
2. The Parties shall encourage and facilitate, as appropriate, the following activities, among others:
(a) supporting the participation of public, private and social organizations, including universities, research and development institutions and non-governmental organizations, in the execution of programs and projects related with the areas mentioned in paragraph 1;
(b) exchange of specialists, researchers and university professors;
(c) apprenticeship programs for professional training and instruction;
(d) joint or coordinated implementation of research and/or technological development programs and projects that link centers for research industry;
(e) information exchange on scientific and technological research;
(f) development of joint cooperation activities in third countries, as may be agreed by the Parties;
(g) granting scholarships for studies of professional specialization and intermediate studies of technical instruction;
(h) organizing seminars, workshops and conferences;
(i) exchanging or sharing of equipment subject to the agreement of both Parties; and
(j) promoting public/private sector partnerships in support of the development of innovative products, processes and services.
Article 14.5. Export Promotion and Attraction of Investments
1. For the purpose of reaching greater benefits arising from this Agreement, the Parties recognize the importance of supporting the existing programs related to export and investment promotion, and to launch new ones, as well as to enhance both Parties' investment climates.
2. Cooperation shall include, among others, activities to:
(a) strengthen the export capacity, through training and existing technical assistance programs;
(b) establish and develop mechanisms related with market research, including exchange of information and access to international databases;
(c) create exchange programs for exporters in order to provide knowledge of the markets of each Party;
(d) promote greater participation of SMEs in exports;
(e) support the export and investment promotion activities between the Parties;
(f) support entrepreneurship processes as an instrument to strengthen the export capacity and promote investment;
(g) promote the implementation of research and development, technological and innovation programs with the objective of increasing the export supply and encouraging investment;
(h) promote joint venture opportunities between both Parties' private sectors; and
(i) promote simplified administrative procedures.
Article 14.6. Culture, Sports and Recreation Activities
1. The Parties recognize the importance and significance of arts, culture, sports and recreation as means of consolidation and promotion of partnership among the Parties. In this framework, the Parties shall undertake cooperation in these areas with the purpose of enhancing mutual understanding, fostering balanced exchanges and activities between individuals, institutions and organizations representing civil society.
2. The Parties shall encourage and facilitate the following activities, among others:
(a) promote arts, cultural and information exchanges between the Parties;
(b) encourage arts, cultural, recreational and sports events between the Parties;
(c) establish the possibility of cooperation between arts, cultural, sports and recreational agencies, institutions and associations of both Parties;
(d) promote the exchange of goods and services related to arts, cultural, sports and recreational activities;
(e) provide a platform for athletes to travel to, and for training and competing in, the territory of the other Party;
(f) support activities that raise awareness of artistic works;
(g) promote the exchange of experiences with respect to the conservation and restoration of national heritage, protection of archaeological monuments and cultural heritage;
(h) encourage the exchange and training of professionals and technicians, including coaches, players, sports medicine personnel and special needs sports personnel;
(i) exchange visits to review arts, cultural, sports and recreational facilities and share experiences in the area of implementation, developing, maintenance and operation of these facilities;
(j) exchange experience on management of different sports disciplines; and
(k) promote cooperation in audio-visual and media sectors, through joint initiatives in training, as well as audio-visual development, production and distribution activities, including the educational and cultural fields.
Article 14.7. Agro-industrial Cooperation
1. The Parties shall encourage and facilitate cooperation in the food industry and agribusiness.
2. The Parties shall facilitate partnerships between the public and/or private sectors for co-development and process improvements pertaining to the food industry and the agro-industry.
Article 14.8. Environmental Cooperation
1. The Parties recognize the importance of contributing globally to the protection of the environment and, accordingly, reaffirm their commitments and obligations under multilateral environmental agreements to which they are parties.
2. The Parties recognize the importance of strengthening capacities to protect the environment and to promote sustainable development, in accordance with their efforts of strengthening their trade and investment relations. Accordingly, the Parties agree to cooperate on environmental matters of mutual interest and benefit, taking into account their national priorities and available resources. Cooperative activities may be in areas including, but not limited to, the promotion of:
(a) green markets and clean technologies; and
(b) sustainable environmental management.
Article 14.9. Labour Cooperation
1. The Parties recognize the importance of labour matters, which must go hand in hand with economic development, and share a similar commitment to uphold labour standards in the context of global economic development and trade liberalization.
2. The Parties reaffirm their commitment to a high standard of labour laws, policies and practices and to seek to cooperate in the promotion of employment and better understanding and observance of the principles embodied in the International Labour Organization Declaration of Fundamental Principles and Rights at Work and its Follow-up (1998). Accordingly, the Parties agree to cooperate on labour matters of mutual interest and benefit, taking into account their national priorities and available resources. Cooperative activities may be in areas including, but not limited to:
(a) skills development and employability;
(b) occupational safety and health;
(c) industrial relations and labour-management cooperation; and
(d) strengthening of institutional capacities.
Article 14.10. Other Cooperation Areas
Additionally, the Parties shall engage in the promotion of the following cooperation areas:
(a) Health: Cooperation in the health area shall include, among others, activities to:
i. develop efficient health systems, train sufficient health workforce, develop fair financing mechanisms and social protection schemes;
ii. promote primary health care and prevention through integrated approaches and actions involving other policy sectors;
iii. promote information exchanges about policies, training programs, and product manufacturing, among others;
iv. promote the use, application and training of new health technologies; and
v. encourage the development of research centers focused in the production of high-quality technologies.
(b) Infrastructure: Ports, Airports and Roads: Cooperation in the ports, airports and roads shall include, among others, activities to:
i. design, restructure and modernize infrastructure related to urban planning, air, maritime, rail and road transport and related infrastructure systems;
ii. promote cooperation between relevant authorities, in aspects related to railways, ports and airports; and
iii. encourage the exchange of information on the Parties' policies, especially regarding urban transport and the interconnection and interoperability of multimodal transport networks and other issues of mutual interest.
(c) Dispute Settlement: Cooperation in dispute settlement shall include, among others, activities to:
i. encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area;
ii. promote the execution of technical cooperation projects between private parties;
iii. promote the subscription of cooperation agreements between institutions dedicated to the analysis of alternative dispute resolution mechanisms or the administration of these procedures; and
iv. strengthen capacity building for the management of dispute settlement conflicts, which could include exchange of better practices, training, internships, consultancies, among others.
(d) Information Communication Technology (ICT): Cooperation in the ICT area shall include, among others:
i. promotion of electronic commerce;
ii. promotion of the use of ICT related services, including newly emerging services, by consumers, the public and private sectors; and
iii. human resource development in the area of ICT; by, for instance:
i. promoting dialogue on ICT policy issues and national ICT strategies including e-Government;
ii. promoting cooperation between the respective private sectors of the Parties;
iii. enhancing cooperation in international fora relating to ICT; and
iv. undertaking other appropriate cooperative activities.
Article 14.11. Framework for Cooperation
1. In order to administer this Chapter, the Parties shall maintain contact points to facilitate the management of cooperation activities, communications, follow-up mechanisms and specific cooperation programs.
2. The contact points for the Parties are:
(a) in the case of Costa Rica:
i. Dirección General de Comercio Exterior, Ministerio de Comercio Exterior (Directorate General for Foreign Trade, Ministry of Foreign Trade) Address: 1st and 3rd Avenue, 40th Street, Paseo Colón, San José. Tel: (506) 22 99 47 00 Fax: (506) 22 55 32 81 P.O. Box: 297-1007 Centro Colón E-mail: dgce@comex.go.cr Web: www.comex.go.cr and
ii. Área de Cooperación Internacional, Ministerio de Planificación Nacional y Política Económica (International Cooperation Area, Ministry of Planning and Economic Policy) Address: Los Yoses, San Pedro, San José. Tel: (506) 22 81 27 00 Fax: (506) 22 81 27 47 E-mail: cooperacionbilateral@mideplan.go.cr Web: www.mideplan.go.cr
(b) in the case of Singapore:
Ministry of Trade and Industry Trade Division Address: 100 High Street #09-01, The Treasury Singapore 179434, Republic of Singapore Tel: (65) 6225 9911 Fax: (65) 6332 7260 Email: mti_fta@mti.gov.sg Web: www.mti.gov.sg or their successors or designated contact points.
3. The contact points shall report to the Commission all the cooperation activities carried out through this Chapter.
4. The Parties will make maximum use of diplomatic channels to promote dialogue and cooperation consistent with this Agreement.
5. The Parties may agree to cooperate in other areas of mutual interest other than the ones set out in this Agreement. Cooperation in other areas shall be carried out through the relevant authorities of each Party and upon agreement.
6. Any cooperation activity agreed to between the Parties pursuant to the Chapter shall be in writing and shall specify the objectives, financial and technical resources required, time-frame, as well as the task that must be performed by each Party, subject to each Party's internal procedures.
7. Neither Party shall have recourse to any dispute settlement procedures under this Agreement for any issue arising from or relating to this Chapter.
Chapter 15. Transparency
Article 15.1. Definitions
For purposes of this Chapter: administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
(a) a determination or ruling made in an administrative proceeding that applies to a particular person, good, or service of the other Party in a specific case ; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 15.2. Contact Points
1. Each Party shall designate, within 60 days of the date of entry into force of this Agreement, a contact point to facilitate communications between the Parties on any matter covered by this Agreement.
2. On the request of the other Party, the contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
3. Any information, request or notification provided under this Chapter shall be provided to the other Party through the contact point, unless otherwise established in this Agreement or subsequently agreed by the Parties.
Article 15.3. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.
2. To the extent possible, each Party shall publish in advance any law that it proposes to adopt.