Article 9.5. Most-Favoured-Nation Treatment
Each Party shall accord to the nationals of the other Party treatment no less favourable than that it accords to the nationals of any other country with regard to the protection of intellectual property set out in Articles 4 and 5 of the TRIPS Agreement.
Article 9.6. Copyright and Related Rights
1. Without prejudice to the obligations set out in international agreements to which the Parties are party, each Party shall, in accordance with its respective laws and regulations, guarantee and provide effective protection of the interests of authors, performers, producers of phonograms and broadcasting organisations for their works, performances, phonograms and broadcasts, respectively.
2. Each Party shall aim to ensure that its respective laws and regulations guarantee the effective protection and provide enforcement of copyright and related rights in the digital environment.
Article 9.7. Trademarks
Each Party shall provide adequate and effective protection of trademarks for goods and services in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Articles 15 through 21.
Article 9.8. Geographical Indications/Appellations of Origin of Goods
1. Each Party shall ensure in its territory adequate and effective legal protection of geographical indications and/or appellations of origin of goods in accordance with its respective laws and regulations, the international agreements to which it is a party and the TRIPS Agreement, in particular Articles 22 through 24.
2. The provisions of appellations of origin of goods in this Chapter shall apply to a denomination which allows to identify a good as originating in the territory of a particular geographical area and although it does not contain the name of the area, which became known as a result of using this denomination in respect of the goods, the quality and characteristics of which meet the requirements provided for in subparagraph c) of Article 9.2 of this Agreement.
3. The Parties recognise that each Party may protect geographical indications via a sui generis system of protection of appellations of origin of goods in accordance with its respective laws and regulations. A Party that provides such system of protection shall not be obliged to provide a separate system of protection for geographical indications. The Parties shall provide other legal means in their respective laws and regulations to protect geographical indications other than appellations of origin of goods, such as those of collective marks and/or certification marks. The definition of appellation of origin of goods in subparagraph c) of Article 9.2 of this Agreement and paragraph 2 of this Article shall only apply to a Party which provides a sui generis system of protection of appellations of origin of goods at the time of entry into force of this Agreement.
4. In respect of geographical indications and/or appellations of origin of goods, the Parties shall provide the legal means for an interested person of the other Party to prevent:
a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin;
b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.
5. Nothing in this Chapter shall require a Party to apply its provisions in respect of geographical indications and/or appellations of origin of goods of the other Party to goods or services for which the relevant indication is identical with the term customary in common language as the common name for such goods or services in the territory of such Party.
6. In order to protect the interests of their producers, the Parties shall exchange lists of geographical indications and/or appellations of origin of goods registered by them in respect of goods produced in their territories. The Parties may also agree to exchange the lists of geographical indications protected by other legal means. The relevant procedures for such exchange shall be determined by the competent authorities of the Parties by means provided for in Article 9.17 of this Agreement. The Parties may agree to enter into negotiations on mutual protection of geographical indications and/or appellations of origin of goods subject to their respective laws and regulations and policy, availability of resources and willingness of each Party.
7. Each Party shall, ex officio if its laws and regulations so permit or at the request of an interested person of the other Party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication and/or appellation of origin of goods with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in the former Party is of such a nature as to mislead the public as to the true place of origin.
Article 9.9. Inventions and Utility Models.
1. Each Party shall provide adequate and effective protection of inventions in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Articles 27 through 34.
2. Utility models shall be protected in accordance with the respective laws and regulations of the Parties and the Paris Convention.
Article 9.10. Industrial Designs
Each Party shall provide adequate and effective protection of industrial designs in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Articles 25 and 26.
Article 9.11. Layout Designs (Topographies) of Integrated Circuits
Each Party shall provide adequate and effective protection of layout designs (topographies) of integrated circuits in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Articles 35 through 38.
Article 9.12. New Varieties of Plants
Each Party recognises the importance of providing in its respective laws and regulations a system of protection of new varieties of plants and shall endeavour to provide for the protection of all plant genera and species in accordance with the Act of International Convention for the Protection of New Varieties of Plants of 19 March 1991 and the TRIPS Agreement.
Article 9.13. Undisclosed Information
Each Party shall ensure adequate and effective protection of undisclosed information in its respective laws and regulations in accordance with the TRIPS Agreement, in particular Article 39.
Article 9.14. Protection Against Unfair Competition
Each Party shall ensure effective protection against unfair competition in accordance with its respective laws and regulations and Article 10bis of the Paris Convention.
Article 9.15. Enforcement of Intellectual Property Rights
The Parties shall ensure in their respective laws and regulations provisions for enforcement of intellectual property rights at the same level as provided for in the TRIPS Agreement, in particular Articles 41 through 50.
Article 9.16. Border Measures
1. Each Party shall ensure effective enforcement of border measures in accordance with Articles 51 through 57, 59 and 60 of the TRIPS Agreement and that the complementary measures, procedures and remedies, covered by its respective laws and regulations related to customs procedures, are available to permit effective action against counterfeit trademark goods, counterfeit geographical indication and appellation of origin goods, pirated copyright goods.
2. Each Party shall, unless otherwise provided for in this Agreement, adopt procedures to enable a right holder, who has valid grounds for suspecting that importation or exportation is carried out with counterfeit trademark goods, counterfeit geographical indication and appellation of origin goods, pirated copyright goods, to lodge an application to customs authorities claiming to apply measures of intellectual property rights protection provided that importation or exportation in question infringes an intellectual property right under the laws and regulations of the country where the goods are found.
3. Without prejudice to the protection of confidential information, customs authorities shall have the authority to provide the right holder with sufficient opportunity to have any good detained by the customs authorities inspected in order to substantiate the right holder's claims. The customs authorities shall also have the authority to give the importer an equivalent opportunity to have any such good inspected. Customs authorities shall provide the right holder with the information on the names and addresses of the consignor, the importer and the consignee and of the quantity of the goods in question. Customs authorities shall provide at least the owner of the detained goods with the information on the name and address of the right holder.
4. The Parties are encouraged to exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers' personal luggage.
Article 9.17. Competent Authorities, Contact Points and Information Exchange
1. The Parties shall notify each other of the competent authorities responsible for carrying out the procedures provided for in this Chapter, and the contact points designated by each Party to facilitate communications between the Parties on any matter relating to this Chapter.
2. The Parties shall promptly inform each other of any change in the contact points or any significant change in the structure or competence of their competent authorities.
3. The Parties through their contact points shall provide each other with a timely written notification of any significant issue or any change in the legal framework of intellectual property and, if necessary, request consultations to resolve any concern about the issue.
4. With a view to strengthening their cooperation links, the Parties agree to communicate in writing and/or promptly hold expert meetings, upon request of either Party and taking into account the financial capacity of the Parties, on matters related to the international agreements referred to in this Chapter or to future international agreements in the field of intellectual property, to membership in international organisations, such as the World Trade Organization and the World Intellectual Property Organization, as well as to relations of the Parties with third countries on matters concerning intellectual property and to other issues relating to the implementation of this Chapter.
Chapter 10. GOVERNMENT PROCUREMENT
Article 10.1. Cooperation
1. The Parties recognise the importance of cooperation in the field of government procurement in accordance with their respective laws and regulations and given the available resources.
2. The Parties shall cooperate for the purposes of improving transparency, promoting fair competition and the use of electronic technologies in the field of government procurement.
3. The Parties shall inform each other as soon as possible of any significant modification of their respective laws and regulations and/or government procurement procedures.
4. The cooperation activities shall include the exchange of, where appropriate, non-confidential information, consultations, as provided for in Article 10.3 of this Agreement, and technical assistance.
5. The Parties shall endeavour to cooperate in the following:
a) facilitating participation of suppliers in government procurement, in particular, with respect to small and medium enterprises;
b) exchanging experience and information, such as regulatory frameworks, best ptactices and statistics;
c) developing and expanding the use of electronic means in government procurement systems;
d) capacity building for government officials in best government procurement practices; e) institutional strengthening for the fulfilment of the provisions of this Chapter; and f) enhancing the ability to provide multilingual access to procurement opportunities. . The Parties shall develop further cooperation based on mutual experience in the field of government procurement, including electronic forms of procurement.
Article 10.2. Information on the Procurement System
1. For the purposes of transparency, the Parties shall make publicly available their respective laws and regulations relating to government procurement.
2. The Parties shall exchange the lists of media resources in which the Parties publish relevant information on government procurement.
3. The Parties shall endeavour to establish and maintain electronic means for publishing their respective laws and regulations and information on government procurement, given the available resources.
4. Each Party may expand the content of the government procurement information and the scope of the services provided through electronic means.
Article 10.3. Consultations
1. In the event of any disagreement relating to the application of the provisions of this Chapter, the Parties shall make every effort to reach a mutually satisfactory resolution through consultations.
2. Each Party shall accord sympathetic consideration to and shall afford adequate opportunity for consultations regarding the implementation of this Chapter.
3. A request for such consultations shall be submitted to the other Party's contact point established under Article 10.5 of this Agreement. Unless the Parties agree otherwise, they shall hold consultations within 60 days from the date of receipt of the request.
4. Consultations may be conducted in person or via email, teleconference, videoconference, or any other means, as agreed by the Parties.
Article 10.4. Non-application of Chapter 14 (Dispute Settlement).
Any matter arising under this Chapter shall not be subject to the dispute settlement mechanism provided for In Chapter 14 (Dispute Settlement) of this Agreement.
Article 10.5. Contact Points
1. Each Party shall designate a contact point to monitor the implementation of this Chapter. The contact points shall work collaboratively to facilitate the implementation of this Chapter.
2. The Parties shall provide each other with the names and contact details of their contact points.
3. The Parties shall promptly notify each other of any change to their contact points.
Article 10.6. Further Negotiations
The Parties may enter into negotiations with a view to liberalising their respective government procurement markets and discussing potential market access issues, if necessary.
Chapter 11. COMPETITION
Article 11.1. Basic Principles
1. The Parties recognise the importance of free and undistorted competition in their trade relations and respect the differences in their capacity in the area of competition policy.
2. Each Party shall, in accordance with its respective laws and regulations, take measures which it considers appropriate by proscribing anti-competitive business conduct, in order to promote the efficient functioning of its respective market and consumer welfare.
3. The measures each Party adopts or maintains to proscribe anti-competitive business conduct shall be taken in conformity with the principles of transparency, non-discrimination and fairness.
Article 11.2. Anti-Competitive Practices
1. The Parties shall take all necessary measures in accordance with their respective laws and regulations in order to prevent and restrict anti-competitive practices that affect trade between the Parties. Particular attention shall be given to the following practices which are incompatible with the proper operation of this Agreement:
a) all agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or effect the prevention, restriction or distortion of competition;
b) abuse by one or more enterprises of a dominant position; and
c) unfair competition.
2. The issues concerning state monopolies and enterprises entrusted with special or exclusive rights shall not be subject of this Chapter.
Article 11.3. Cooperation
1. The Parties recognise the importance of cooperation activities relating to competition law enforcement and competition policy. Cooperation shall be conducted in accordance with the respective laws and regulations and based on the availability of the necessary resources.
Cooperation shall include exchange of non-confidential information, consultations, cooperation in enforcement activities, as provided for in paragraph 2 of this Article, and technical assistance, including:
a) exchange of experience regarding the promotion and enforcement of competition law and policy;
b) joint seminars on competition law and law enforcement activities of the Parties; and
c) any other form of cooperation as agreed by the Parties.
2. Cooperation in law enforcement is carried out as follows:
a) if a Party considers that its interests are affected in the territory of the other Party in the sense of Article 11.2 of this Agreement, it may request that the other Party initiates appropriate enforcement activities. Such request shall take place if possible at an early stage of the anti-competitive practice under Article 11.2 of this Agreement and should be of sufficient detail;
b) the requested Party shall carefully consider the possibility for initiating enforcement activities or expanding ongoing enforcement activities in accordance with the requirements of its respective laws and regulations and inform the requesting Party of the results of such consideration as soon as practically possible;
c) if enforcement activities are initiated or expanded, the requested Party shall inform the requesting Party of their outcome and, to the extent possible, of significant interim developments; and
d) nothing in this Chapter shall limit the discretion of the requested Party to decide whether to undertake enforcement activities with respect to the anti-competitive practices identified in the request, or precludes the requesting Party from withdrawing its request.
Article 11.4. Consultations
1. To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, upon request of the other Party, enter into consultations. Such consultations shall be without prejudice to the rights of each Party to enforce their respective laws and regulations. In the request for consultations, the requesting Party shall indicate how the matter affects trade between the Parties. The Party receiving such request shall promptly hold consultations in order to achieve mutually satisfactory results in consistence with the provisions of this Chapter.
2. During the consultations in accordance with this Article, the requested Party shall provide full and sympathetic consideration to the matter that is the subject of consultations within a reasonable period of time. Both Parties shall aspire to reach consensus on the issue of concern through constructive dialogues.
3. If a Party considers that its interests are still affected after consultations in accordance with this Article, it may request consultations in the Joint Committee.
Article 11.5. Use of Information
1. Where a Party provides information to the other Party for the purposes of implementing this Chapter, such information shall be used by the latter Party only for such purposes and shall not be disclosed or transferred to any other organisation and/or individual without the consent of the Party providing the information.
2. Notwithstanding any other provision of this Chapter, neither Party is required to communicate information to the other Party if such communication is prohibited by their respective laws and regulations.
Article 11.6. Non-application of Chapter 14 (Dispute Settlement)
Any matter arising under this Chapter shall not be subject to the dispute settlement mechanism provided for In Chapter 14 (Dispute Settlement) of this Agreement.
Article 11.7. Contact Points
1. Each Party shall designate a contact point to monitor the implementation of this Chapter. The contact points shall work collaboratively to facilitate the implementation of the provisions of this Chapter.
2. The Parties shall exchange information containing the names of the designated competent authorities that shall act as their contact points and the contact details of relevant officials in such organisations, including telephone and facsimile numbers, email addresses and other relevant details.
3. The Parties shall promptly notify each other of any change to their contact points or relevant contact details.
Chapter 12. SUSTAINABLE DEVELOPMENT
Article 12.1. Objectives
1. The Parties agree to implement this Chapter in a manner consistent with labour and environmental protection, and sustainable use of their resources. In this regard the Parties shall:
a) strengthen cooperation on environmental and labour issues; and
b) promote sustainable development.
2. The Parties recognise that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development.
3. The Parties shall endeavour to promote their trade relations for the purposes of sustainable development to the extent possible.
Article 12.2. Scope
This Chapter shall apply to measures adopted or maintained by the Parties affecting trade-related aspects of environmental and labour issues.
Article 12.3. General Principles
1. The Parties recognise the importance of and the need to enhance the capacity to address trade-related aspects of environmental and labour issues, taking into consideration the levels of development of the Parties.
2. The Parties recognise the need to strengthen cooperation with the aim of resolving environmental and labour issues of bilateral, regional and global concerns.
3. The Parties recognise the sovereign right of each Party to establish its own levels of national environmental and labour protection and environmental and labour development policies and priorities, and to adopt or modify accordingly its relevant environmental and labour laws and regulations and policies.
4. The Parties may recognise the significance of taking into account scientific, technical and other information as well as relevant and commonly recognised international standards when preparing and implementing measures aimed at protecting the environment and labour that affect trade between the Parties.
5. The provisions of this Chapter shall be without prejudice to the Parties' obligations in accordance with other Chapters of this Agreement, including Chapter 8 (Trade in Services, Investment and Movement of Natural Persons).
Article 12.4. Upholding Levels of Protection
1. The Parties recognise the importance of mutually supportive trade, environment and labour policies and practices as well as the efforts to improve environmental and labour protection and enhance trade between the Parties.
2. Each Party shall endeavour to ensure that its environmental and labour laws and regulations, policies and practices are not used for the purposes of trade protectionism.
3. Neither Party shall seek to encourage or gain trade or investment advantage by weakening or failing through a sustained or recurring course of action or inaction to enforce or administer its environmental and labour laws and regulations, policies and practices in a manner affecting trade between the Parties.
Article 12.5. Environmental and Labour Cooperation
1. The Parties recognise the importance of strengthening their capacity to protect the environment and labour conditions and promoting sustainable development in their trade and investment relations in accordance with their respective laws and regulations.
2. The Parties shall endeavour to expand their cooperation in bilateral, regional, and multilateral fora on environmental and labour issues, recognising that such cooperation will help them achieve their shared environmental and labour goals and objectives, including the development and improvement of environmental and labour protection, practices, and technologies.
3. Cooperation activities under this Chapter may take the following forms:
a) exchange of knowledge and experiences;
b) exchange of experts and researchers;
c) organisation of joint workshops;
d) promotion of cooperative activities between relevant ministries, research institutes and private enterprises; and
e) development and implementation of joint research, projects and other relevant activities in areas of mutual interest.
4. The Parties recognise the following fields of cooperation as particularly significant:
a) resolving trade-related environmental problems;
b) environmental policy development and institutional building;
c) training and education on environment and climate change issues and environmental protection;
d) exchange of experience and information in the development and enforcement of labour and employment-related laws and regulations and policies;
e) technical assistance and joint/cooperation projects on human resources development and social security policy aimed at creating decent work conditions or on the protection of the environment;
f) other mutually agreed areas in accordance with relevant laws and regulations of the Parties;
g) exchange of information, technology and experience in areas of environmental standards and models, training and education;
h) environmental education and training aimed at raising public awareness; and
i) technical assistance and joint regional research programmes.
Article 12.6. Environmental and Labour Consultations
1. Either Party may request consultations regarding any matter arising under this Chapter through a written request submitted to the contact point designated by the other Party in accordance with Article 1.7 of this Agreement. The request shall contain information that is specific and sufficient to enable the Party receiving such request to respond. Unless the Parties agree otherwise, consultations shall commence within the period of 30 days after a Party receives the request for consultations.
2. The purpose of the consultations is to seek a mutually agreed solution to the matter. The Parties shall make every effort to arrive at a mutually satisfactory outcome, including by considering appropriate cooperation activities to resolve the matter. The Parties may agree to seek advice or assistance from domestic experts they deem appropriate.
3. If a Party considers that the matter needs further discussion such Party may bring the matter to the Joint Committee in order to reach an appropriate resolution of the matter.
Article 12.7. International Labour Standards and Agreements
1. The Parties recall the obligations deriving from membership of the International Labour Organization (ILO) and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up adopted by the International Labour Conference at its 86th Session in 1998.