4. The Parties shall encourage the use of interoperable means of authentication.

Article 9.8. Paperless Trading

Each Party shall endeavour to:

(a) make trade administration documents available to the public in digital or electronic form; and

(b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.

Article 9.9. Online Consumer Protection

1. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from misleading, deceptive and fraudulent commercial practices when they engage in digital trade. 

2. Each Party shall endeavour to adopt or maintain consumer protection laws to proscribe misleading, deceptive, and fraudulent commercial activities that cause harm or potential harm to consumers engaged in digital trade. (3)

Article 9.10. Personal Data Protection

1. The Parties recognise the economic and social benefits of protecting the personal data of persons who conduct or engage in electronic transactions and the contribution that this makes to enhancing consumer confidence in digital trade.

2. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal data of the users of digital trade in compliance with the internationally recognised principles and standards. (4)

Article 9.11. Principles on Access to and Use of the Internet for Digital Trade

To support the development and growth of digital trade, each Party recognises that consumers in its territory should be able to:

(a) access and use services and applications of their choice, unless prohibited by the Party's law;

(b) run services and applications of their choice, subject to the Party's law, including the needs of legal and regulatory enforcement activities; and

(c) connect their choice of devices to the Internet, provided that such devices do not harm the network and are not otherwise prohibited by the Party's law.

Article 9.12. Unsolicited Commercial Electronic Messages

1. Each Party shall endeavour to adopt or maintain measures regarding unsolicited commercial electronic messages sent to an electronic mail address that:

(a) require a supplier of unsolicited commercial electronic messages to facilitate the ability of a recipient to prevent outgoing reception of those messages; or

(b) require the consent, as specified in the laws and regulations of each Party, of recipients to receive commercial electronic messages; or

(c) otherwise provide for the minimisation of unsolicited commercial electronic messages.

2. Each Party shall endeavour to provide recourse against a supplier of unsolicited commercial electronic messages that does not comply with a measure adopted or maintained in accordance with paragraph 1.

3. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.

Article 9.13. Cross-Border Flow of Information

Recognizing the importance of the free flow of information in facilitating trade, and acknowledging the importance of protecting personal data, the Parties shall endeavour to refrain from imposing or maintaining unnecessary barriers to electronic information flows across borders.

Article 9.14. Open Data

1. The Parties recognise that facilitating public access to and use of open data contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make available open data, it endeavours to ensure:

(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and

(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available Application Programming Interfaces (APIs) and is regularly updated.

2. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities.

Article 9.15. Digital Government

1. The Parties recognise that technology can enable more efficient and agile government operations, improve the quality and reliability of government services and enable governments to better serve the needs of their citizens and other stakeholders.

2. To this end, the Parties endeavour to develop and implement strategies to digitally transform their respective government operations and services, which may include:

(a) adopting open and inclusive government processes focusing on accessibility, transparency, and accountability in a manner that overcomes digital divides;

(b) promoting cross-sectoral and cross-governmental coordination and collaboration on digital agenda issues;

(c) shaping government processes, services and policies with digital inclusivity in mind;

(d) providing a unified digital platform and common digital enables for government service delivery;

(e) leveraging emerging technologies to build capabilities m anticipation of disasters and crises and facilitating proactive responses;

(f) generating public value from government data by applying it in the planning, delivering and monitoring of public policies. and adopting rules and ethical principles for the trustworthy and safe use of data;

(g) making government data and policy-making processes (including algorithms) available for the public to engage with; and

(h) promoting initiatives to raise the level of digital capabilities and skills of both the populace and the government workforce.

3. Recognising that the Parties can benefit by sharing their experiences with digital government initiatives, the Parties shall endeavour to cooperate on activities relating to the digital transformation of government and government services, which may include:

(a) exchanging information and experiences on digital government strategies and policies;

(b) sharing best practices on digital government and the digital delivery of government services; and

(c) providing advice or training, including through exchange of officials, to assist the other Party in building digital government capacity.

Article 9.16. Digital and Electronic Invoicing

1. The Parties recognise the importance of digital and electronic invoicing to increase the efficiency, accuracy and reliability of commercial transactions. Each Party also recognises the benefits of ensuring that the systems used for digital and electronic invoicing within its territory are interoperable with the systems used in the other Party's territory.

2. Each Party shall endeavour to ensure that the implementation of measures related to digital and electronic invoicing in its territory supports cross-border interoperability between the Parties' digital and electronic invoicing frameworks. To this end, each Party shall endeavour to base its measures relating to digital and electronic invoicing on international frameworks.

3. The Parties recognise the economic importance of promoting the global adoption of digital and electronic invoicing systems, including interoperable international frameworks. To this end, the Parties shall endeavour to:

(a) promote, encourage, support or facilitate the adoption of digital and electronic invoicing by enterprises;

(b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing;

(c) generate awareness of, and build capacity for, digital and electronic invoicing; and

(d) share best practices and promote the adoption of interoperable international digital and electronic invoicing systems.

Article 9.17. Digital and Electronic Payments

1. Recognising the rapid growth of digital and electronic payments, in particular those provided by non-bank, non-financial institutions and financial technology enterprises, the Parties shall endeavour to support the development of efficient, safe and secure cross-border digital and electronic payments by:

(a) fostering the adoption, and use of internationally-accepted standards for digital and electronic payments;

(b) promoting interoperability and the interlinking of digital electronic payment infrastructures; and

(c) encouraging innovation and competition in digital and electronic payments services.

2. To this end, each Patty shall endeavour to:

(a) make publicly available its laws and regulations of general applicability relating to digital and electronic payments, including in relation to regulatory approval, licensing requirements, procedures, and technical standards;

(b) finalise decisions on regulatory or licensing approvals relating to digital and electronic payments in a timely manner;

(c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions in relation to access to services and infrastructure necessary for the operation of digital and electronic payment systems;

(d) adopt or utilise international standards for electronic data exchange between financial institutions and services suppliers to enable greater interoperability between digital and electronic payment systems;

(e) facilitate the use of open platforms and architectures such as tools and protocols provided for through APIs and encourage payment service providers to safely and securely make APls for their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and

(f) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting regulatory and industry sandboxes.

Article 9.18. Digital Identities

Recognising that cooperation between the Parties on digital identities for natural persons and enterprises will promote connectivity and further growth of digital trade, and recognising that each Party may take different legal and technical approaches to digital identities, the Parties shall endeavour to pursue mechanisms to promote compatibility between their respective digital identity regimes. This may include:

(a) developing appropriate frameworks and common standards to foster technical interoperability between each Party's implementation of digital identities;

(b) developing comparable protection of digital identities under each Party's respective legal frameworks, or the recognition of their legal effects, whether accorded autonomously or by agreement;

(c) supporting the development of international frameworks on digital identity regimes;

(d) exchanging knowledge and experience on best practices relating to digital identity policies and regulations, technical implementation and security standards, and the promotion of the use of digital identities.

Article 9.19. Artificial Intelligence

1. The Parties recognise that the use and adoption of Artificial Intelligence (AI) technologies are becoming increasingly important to digital trade, offering significant social and economic benefits to natural persons and enterprises. In view of this, the Parties shall endeavour to cooperate, in accordance with their respective laws and policies, through: 

(a) sharing research and industry practices related to AI technologies and their governance; 

(b) promoting and sustaining the responsible use and adoption of AI technologies by businesses and across the community; and

(c) encouraging commercialisation opportunities and collaboration between researchers, academics and industry.

2. The Parties also recognise the importance of developing ethical governance frameworks for the trusted, safe and responsible use of AI technologies that will help realise the benefits of AI. In view of the cross-border nature of digital trade, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible. To this end, the Parties shall endeavour to:

(a) collaborate on and promote the development and adoption of ethical governance frameworks that support the trusted, safe and responsible use of AI technologies, including through relevant international fora; and

(b) take into consideration internationally recognised principles or guidelines when developing such frameworks.

Article 9.20. Cooperation

1. Recognising the importance of digital trade to their collective economies, the Parties shall endeavour to maintain a dialogue on regulatory matters relating to digital trade with a view to sharing information and experiences, as appropriate, including on related laws, regulations, their implementation and best practices with respect to digital trade, including in relation to:

(a) online consumer protet:tion;

(b) personal data protection;

(c) anti-money laundering and sanctions compliance for digital trade;

(d) unsolicited commercial electronic messages;

(e) authentication;

(f) intellectual property concerns with respect to digital trade;

(g) challenges for small and medium-sized enterprises in digital trade; and

(h) digital government.

2. The Parties have a shared vision to promote secure digital trade and recognise that threats to cybersecurity undermine confidence in digital trade. Accordingly, the Parties recognise the importance of:

(a) building the capabilities of their government agencies responsible for computer security incident response;

(b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and

(c) promoting the development ofa strong public and private workforce in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications.

Chapter 10. INVESTMENT

Article 10.1. Georgia-UAE Bilateral Investment Agreement

The Parties note the existence of and reaffirm the Agreement on "The Promotion and Reciprocal Protection of Investment"' Between the Government of Georgia and the Government of the United Arab Emirates, signed at Tbilisi, Georgia, on 17 July 2017 (hereinafter referred to as "UAE-Georgia Bilateral Investment Agreement") and any subsequent amendments thereto.

Article 10.2. Objectives and Promotion of Investment

1. Each Party may, subject to its general policy in the field of foreign investment, encourage and promote in its territory investments by investors of the other Party, and shall admit such investment in accordance with its applicable laws and regulations and the intemationai commitments enter':!d into between the Parties.

2. The general objectives of this Chapter are as follows:

(a) to promote and enhance the economic cooperation between the Parties;

(b) to monitor trade and investment relations, to identify opportunities for expanding investment, and to identify issues relevant to investment that may be appropriate for negotiation in an appropriate forum;

(c) to hold consultations on specific investment matters of interest to the Parties;

(d) to work toward the enhancement of investment flows;

(e) to identify and work toward the removal of impediments to investment flows; and

(f) to seek the views of the private sector, where appropriate.

Article 10.3. Non-Application of Chapter 15 (Dispute Settlement)

The Parties agree that nothing in this Chapter shall be subject to any dispute settlement mechanism.

Article 10.4. Non-Application of other Lnternational Treaties

Substantive provisions in other international treaties, including UAE-Georgia Bilateral Investment Agreement do not in and of themselves constitute "treatment" for the purposes of this Chapter and thus, cannot give rise to a breach thereunder absent a specific measure adopted or maintained by a Party pursuant to those provisions. 

L CHAPTER I I INTELLECTUAL PROPERTY For the purposes of this Chapter: Intellectual Property embodies: SECTION A General Provisions ARTICLE 11.1 Definitions .(a) copyright, includ1ng copyright in computer programmes and in databases, and related rights; (b) patents and utility models; ( c) trademarks; ( d) industrial d~signs; (e) � layout-designs (topographies) of integrated circuits; (f) geographical indications; (g) plant varieties; and (h) protection of und:sclosed information. National means, in respect of the relevant right, a perscn of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in 11.5 (International Agreements) or the TRIPS Agreement; and WIPO means the World intellectu::>.l l-'10perty Organization. ARTICLE ? t.2 Objectives The protection and enforcement of inteliect;ia I property rights should contribute to the promotion of trade, investment, technological innovation and the transfer and dissemination of technology, to the mutu&I advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. ARTICLE 11.3 Principles Nothing in this Chapter shall prevent a Party from adopting appropriate measures to prevent the abuse of intellectual property rights by right holders or the resort to practices that I 1-1 =--

unreasonably restrain trade or adversely affect the international transfer of technology provided that such measures are consistent with this Agreement. ARTICLE ll.4 Nature and Scope of Obligations Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection or enforcement does not contravene the provisions of this Chapter. Each� Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice. ARTICLE 11.S 1-nternational Agreements I. The Parties reaffirm their obligations set out in the following multilateral agreements: (a) � Patent Cooperation Treaty of 19 June 1970, as re�1ised by the Washington Act of2001; ? (b) !>aris Convention of:W March 1883 for thc Protection of Industrial Property, as revised by the Stockholm Act of 196./; (c) Berne Convention of 9 September 1886 for the Protection of Literary and Artistic Works; a~ revised by the Paris Act of 1971 (Berne Copvention); (d) Madrid Prctocol cf27 June 1989 relating to the Madrid Agreement concerning the International Regisuation of Marks; (e) WIPO Performances and Phonogram Treaty of20 December 1996 (WPPT); (f) International Rome� Convention of 26 October 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organizatioqs; (g) WIPO Copyright Treaty of20 December 1996 (WCT); (h) Budapest Treaty of 28. April 1977 on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure; and (i) Agreement on Trade-Related Aspects of Intellectual Property Right~ (TRIPS). 2. Each Party shall endeavour to ratify or accede to each of the following agreements, if it is not already a party to that agreement: . -~ (a) Marrakesh Tre&ty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled; and (b) International Convention for the Protection of New Varieties of Plants (UPOV) 1991. 11-2

ARTICLE 11.6 Intellectual Property and Public Health I. A Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that such measures are consistent with the provisions of this Chapter. 2. The Parties recognise the principles established in the Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 (Doha Declaration) by the Ministerial Conference of the WTO and confirm that the provisions of this Chapter are without prejudice to the Doha Declaration. ARTICLE 11.7 National Treatment I. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection of intellectual property rights. 2. With respect to secondary uses of phonograms by means of analog communications and free over-the-air broadcasting, however, a Party may limit the rights of the performers and producers of the other Party to the rights its persons are accorded within the jurisdiction of that other Party. 3. A Party may derogate from paragraph I in relation to its judicial and administrative procedures, including requiring a national of another Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is: (a) necessary to secure compliance with laws and regulations that are not inconsistent with this Chapter; and (b) not applied in a manner that would constitute a disguised restriction on trade. 4. Paragraph I does not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights. ARTICLE 11.8 Transparency 'I. Each Party shall endeavour, subject to its legal system and practice, to make information concerning application and registration of trademarks, geographical indications, industrial designs, patents and plant variety rights accessible for the general public. 11-3

2. " .J. The Parties also acknowledge the importance of informational materials, such as publicly accessible databases ofregistered intellectual property rights that assist in the identification of subject matter that has fallen into the public domain. Each Party shall endeavour to make available such information in the English language. ARTICLE t t.9 Application of Chapter to Existing Subject Matter and Prior Acts Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement for a Party and that is protected on that date in the territory of a Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter without unreasonably impairing the fair interest of the third parties. ARTICLE 11.10 Exhaustion of Intellectual Property Rights Without prejudice to any provisions addressing the exhaustion of intellectual property rights in international agreements to which a Party is a member, nothing in this Agreement prevents a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system. SECTION B Cooperation ARTICLE 11.l l Cooperation Activities and Initiatives The Parties shall endeavour to cooperate on the subject matter covered by this Chapter, such as through appropriate coordination, training and exchange of information between the respective intellectual property offices of the Parties, or other institutions, as determined by each Party. Cooperation activities and initiatives undertaken under this Chapter shall be subject to the availability of resources, and on request, and on terms and conditions mutually agreed upon between the Parties. Cooperation may cover areas such as: (a) developments in domestic and international intellectual property policy; (b) intellectual property administration and registration systems; (c) education and awareness relating to intellectual property; (d) intellectual property issues relevant to: (i) small and medium-sized enterprises; (ii) science, technology and innovation activities; 11-4

(iii) the generation, transfer and dissemination of technology; and (iv) empowering women and youth; (e) policies involving the use of intellectual property for research, innovation and economic growth; (f) implementation of multilateral intellectual property agreements, such as those concluded or administered under the auspices of WIPO; (g) capacity-building; (h) enforcement of intellectual property rights; and (i) other activities and initiatives as may be mutually determined between the Parties. ARTICLE 11.12 Patent Cooperation The Parties recognise the importance 0fimproving the quality and efficiency of their respective patent registration systems as \\lel! as simplifying and streamlining the procedures and processes of their respective patem offices for the benefit of all users. of the patent system and the public as a whole. SECTION C Trademarks ARTICLE 11.13 Types of Signs Registrable as Trademarks The Parties must provide adequat~ and effective trademark protection for goods and services. Any sign or combination of signs capable of distinguishing one undertaking's goods or services from those of others, including words, personal names, letters, numerals, figurative elements, product shapes, sounds, colour combinations and any combination of such signs, is eligible for trademark registration. Parties must make every effort to register scent marks. For trademark registration, the Parties may require a concise and accurate description or graphical representation, and registrability may be contingent on distinctiveness acquired through the use for signs that are not inherently capable of distinguishing relevant goods or services. ARTICLE 11.14 Collective and Certification Marks Each Party shall provide that trademarks include collective marks and certification marks. A Party is not obligated to treat certification marks as a separate category in its law, provided that 11-5

those marks are protected. Each Party shall also provide that signs that may serve as geographical indications are capable of protection under its trademark system. 1 ARTICLE 11.15 Use of Identical or Similar Signs The Parties shall grant the owner of a registered trademark the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered and where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. ARTICLE 11.16 Exceptions A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of dP,scriptive terms, provided that those exceptions take account of the legitimate interest of the owner of the trademark and of third parties. ARTICLE 11.17 Well -Kncwn Trademarks I. The Parties shall provide protection for well-known trademarks at least in accordance with Articles l 6.2 and l 6.3 of the TRIPS Agreement and Article 6 bis of the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883. 2. Article 6 bis of the Paris Conver,tion shall apply, rnutatis rnutandis, to goods or services that are not identical or similar to those identified by a well-known trademark, wht:ther registered or not, provid,.:d that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided tha:t the interests of the owner of the trademark are likely to be damaged by such use. 3. Each Party recognises. the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks as adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO held 20 to 29 September 1999. ' 4. Each Party shall provide for appropriate measures to refuse the application or cancel the registration and prohibit the use of a trademark that is identical or similar to a well�known trademark2, for identical or similar goods or services, if the use of that trademark is likely to cause confusion with the prior well-known trademark. A Party may also 1Consistent with the definition of a geographical indication in Article 11.24, I (Recognition of Geographical Indications). 2The Parties understand that a weII-known trademark is one that was already well-known before, as determined by a Party, the application for, registration of, or use of the first-mentioned trademark. I 1-6 �c=-===--

provide such measures including in cases in which the subsequent trademark is likely to deceive. ARTICLE 11.18 Procedural Aspects of Examination, Opposition and Cancellation Each Party shall provide a system for the examination and registration of trademarks which includes, among other things: (a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register a trademark; (b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal and to make a judicial appeal of any final refusal to register a trademark; (c) providing an opportunity to oppose the registration of a trademark or to seek cancellation of a trademark; and (d) requiring administrative decisions in opposition and cancellation proceedings to be reasoned and in writing, which may be provided by electronic means. ARTICLE 11.19 Electronic Trademarks System Each Party shall provide: (a) a system for the electronic application for, and maintenance of, trademarks; and (b) a publicly available electronic information system, including an online database, of trademark applications and ofregistered trademarks. ARTICLE 11.20 Classification of Goods and Services Each Party shall adopt or maintain a trademark classification system that is consistent with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes ofthe Registration of Marks, done at Nice, on 15 June 1957, as revised and amended (Nice Classification). Each Party shall provide that: (a) registrations and the publications ofapplications indicate the goods and services by their names, grouped according to the classes established by the Nice Classification;3 and (b) goods or services may not be considered as being similar to each other on the ground that, in any registration or publication, they are classified in the same 3 A Party that relies on translations of the Nice Classification shall follow updated versions of the Nice Classification to the extent that official translations have been issued and published. 11-7 L.::::==-=

, J class of the Nice Classification. Conversely, each Party shall provide that goods or services may not be considered as being dissimilar from each other on the ground that, in any registration or publication, they are classified in different classes of the Nice Classification. ARTICLE ll.21 Term of Protection for Trademarks Each Party shall provide that initial registration and each renewal of registration ofa trademark is for a term of no less than 10 years. ARTICLE 11.22 Non-Recordal of a License No Party shall require recordal of trademark licenses: (a) to establish the validity of the license; or (b) as a condition for use of a trademark by a licensee to be deemed to constitute use by the holder in a proceeding that relates to the acquisition, maintenance or enforcement of trademarks. SECTION D Country Names ARTICLE 11.23 Country Names Each Party shall provide the legal means for interested persons to prevent commercial use of the country name of a Party in relation to a good in a manner that misleads consumers as to the origin of that good. SECTION E Geographical Indications ARTICLE 11.24 Recognition of Geographical Indications 1. "Geographical Indications" shall mean indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. 2. The Parties recognise that geographical indications may be protected through a trademark or sui generis system or other legal means. 3. Without prejudice to Articles 22 and 23 of the TRIPS Agreement, the Parties shall take all necessary measures, in accordance with this Agreement, to ensure mutual protection of the geographical indications that are used to refer to goods originating in the territory 11-8 ~ QA

\u of the Parties. Each Party shall provide interested parties with the legal means to prevent the use of such geographical indications for identical or similar goods not originating in the place indicated by the geographical indication in question. ARTICLE 11.25 Administrative Procedures for the Protection of Geographical Indications If a Party provides administrative procedures for the protection or recognition of geographical indications, whether through a trademark or a std generis system, that Party shall with respect to applications for that protection or petitions ensure that its laws and regulations governing the filing of those applications or petitions are readily available to the public and clearly set out the procedures for these actions. ARTICLE 11.26 Date of Protection of a Geographical Indication If a Party grants protection or recognition to a geographical indication, that protection or recognition shall commence no earlier than the filing date4 in the Party or the registration date in the Party, as applicable. SECTION E Patents5 ARTICLE 11.27 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent Each Party shall provide a system for the examination and registration of patents which includes among other things: (a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register a patent; (b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register a patent; (c) providing an opportunity for interested parties to seek cancellation or invalidation of a registered patent and in addition may provide an opportunity for interested parties to oppose the registration of a patent; and (d) making decisions in opposition, cancellation or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means. 4For greater certainty, the filing date referred to in this Article includes, as applicable, the priority filing date under the Paris Convention. 5For greater certainty, a patent may include a utility model in accordance with national law and regulations. 11-9 ____...

ARTICLE l t.18 Amendments, Corrections, and Observations I. Each Party shall provide an applicant for a patent with at least one opportunity to make amendments, corrections or observations in connection with its application. 2. Each Party shall provide a right holder of a patent with opportunities to make amendments or corrections after registration provided that such amendments or corrections do not change or expand the scope of the patent right as a whole.6 ARTICLE 11.29 Exceptions A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties. SECTION G Industrial Design ARTICLE l l.30 Industrial Design Protection I. The Parties shall ensure that requirements for securing or enforcing registered industrial design protection do not unreasonably impair the opportunity to obtain or enforce such protection. 2. The duration of protection available for registered industrial designs shall amount to at least 20 years from the date of filing. ARTICLE 11.31 Grace Period for Industrial Design Each Party shall disregard information contained in a public disclosure of a design related to an application to register an industrial design if the public disclosure: (a) was made by the designer, applicant or a person that obtained the information from the designer or applicant inside or outside the territory of either Party; and (b) occurred within at least 12 months prior to the date of filing of the application. 6lt is understood that the amendments or corrections which do not change or expand the scope of the right means that the scope of the patent right stays the sanie as before or is reduced. 11-10 ...... Qfr

, L ARTICLE 11.32 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Industrial Designs Each Party shall provide a system for the examination and registration of industrial designs which includes among other things: (a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register an industrial design; (b) providing an opportunity for interested parties to seek cancellation or invalidation of a registered industrial design, and in addition may provide an opportunity for interested parties to oppose the registration of an industrial design; and (c) making decisions in opposition, cancellation or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means. ARTICLE 11.33 Amendments and Corrections Each Party shall provide a right holder of an industrial design with opportunities to make amendments or corrections after registration provided that such amendments or corrections do not change or expand the scope of the industrial design right as a whole.7 ARTICLE 11.34 Exceptions A Party may provide limited exceptions to the exclusive rights conferred by an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of the industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties. SECTION H Protection of Undisclosed Test or Other Data ARTICLE ll.35 Protection of Undisclosed Test or Other Data for Pharmaceutical Products I. If a Party requires, as a condition for granting marketing approval for a new pharmaceutical product, the submission of undisclosed test or other data concerning either or both the safety and efficacy of the product, that Party shall not permit third 7lt is understood that the amendments or corrections which do not change or expand the scope of the right means that the scope of the industrial design right stays the same as before or is reduced. 11-11 ----

persons, without the consent of the person that previously submitted such information, to market the same or a similar8 product on the basis of: (a) that information; or (b) the marketing approval granted to the person that submitted such information, for at least six years from the date of marketing approval of the new pharmaceutical product in the territory of the Party. 2. A Party shall adopt or maintain a system other than judicial proceedings that precludes, based upon patent information submitted to the regulatory authority by a patent holder or the applicant for marketing approval, the issuance of marketing approval to any third person seeking to market a pharmaceutical product subject to a patent claiming that product, unless by consent or acquiescence of the patent holder. 3. Notwithstanding paragraph I, a Party may take measures to protect public health in accordance with: (a) the Doha Declaration; (b) any waiver of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement to implement the Doha Declaration and that is in force between the Parties; or (c) any amendment of the TRIPS Agreement to implement the Doha Declaration that enters into force with respect to the Parties. 4. For the purposes of paragraph 1, a new pharmaceutical product means a pharmaceutical product that contains an active ingredient for which no other pharmaceutical product containing the same active ingredient has previously obtained marketing approval in the country. SECTION I Copyright and Related Rights ARTICLE i 1.36 General Provisions I. Without prejudice to the obligations set out in the international agreements to which the Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and videograms and broadcasting organisations for their works, performances, phonograms, videograms and broadcasts, respectively. 'For greater certainty, for the purposes of this Section, a pharmaceutical product is "similar'' to a previously approved pharmaceutical product if the marketing approval, or, in the alternative, the applicant's request for such approval, of that similar pharmaceutical product is based upon the undisclosed test or other data concerning the safety and efficacy of the previously approved pharmaceutical product, or the prior approval of that previously approved product. 11-12

2. In addition to the protection provided for in the international agreements to which the Parties are parties or which the Parties shall ratify or accede to under the Agreement, each Party shall: (a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and IO of the WPPT, mutatis mutandis, to performers for their audiovisual and visual performances; and (b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers ofvideograms. 3. Each Party shall ensure that a broadcasting organisation has at least the exclusive right of authorising the following acts: the retransmission, the distribution of fixations, the transmission following fixation, the making available of fixed broadcasts, and the rebroadcasting by wireless means of broadcasts. 4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their visual and audiovisual performances, to the protection of producers of videograms and of broadcasting organisations as it provides for, in its national legislation, in connection with the protection of copyright in literary and artistic works. ARTICLE 11.37 Term of Protection for Copyright and Related Rights Each Party shall provide that in cases in which the term of protection of a work, performance or phonogram is to be calculated: (a) on the basis of the life ofa natural person, the term shall be not less than the life of the author and 50 years after the author's death; (b) the term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed; ( c) the term of protection to be granted to producers of phonograms and of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram and videogram was published, or failing such publication within 50 years from fixation of the phonogram and videogram, 50 years from the end of the year in which the fixation was made; and (d) the term of protection to be granted to broadcasting organizations under this Agreement shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcast took place. 11-13

L---ARTICLE U.38 Limitations and Exceptions I. 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. 2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT. ARTICLE t 1.39 Balance in Copyright and Related Rights Systems Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of limitations or exceptions that are consistent with Article I I .38 (Limitations and Exceptions), including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled.9 ARTICLE l l.40 Contractual Transfers Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right10 in a work, performance or phonogram; (a) may freely and separately transfer that right by contract; and (b) by virtue of contract, including contracts of employment underlying the creation of works protected under copyright and related rights, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right. 11 9As recognised by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh, 27 June 20 I 3 (Marrakesh Treaty). For greater certainty, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article 11.38 (Limitations and Exceptions). 1�For greater certainty, this provision does not affect the exercise of moral rights. 11Nothing in this Article affects a Party's ability to establish: (i) which specific contracts underlying the creation of works protecting under copyright and related right, shall, in the absence ofa written agreement, result in a transfer of economic rights by operation oflaw; and (ii) reasonable limits to protect the interests of the original right holders, taking into account the legitimate interests of the transferees. 11-14

ARTICLE 11.41 Obligations concerning Protection of Technological Measures and Rights Management Information l. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alter any electronic rights management information and/or distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority. 2. For the purposes of this Article, the expression "rights-management information" means any information provided by a right holder that identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph I shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter that is the object of protection under this Chapter. ARTICLE 11.42 Collective Management The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and acco�untable, which may include appropriate record keeping and reporting mechanisms. SECTION J Enforcement ARTICLE 11.43 General Obligation in Enforcement 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. ARTICLE 11.44 Border Measures I . Each Party shall, in conformity with its domestic law and regulations and the provisions of Part lll, Section 4, of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark12 or pirated copyright goods may take place, to lodge an application in 12For greater certainty, geographical indications will be considered as trademarks in this Article. 11-15

wntmg with the competent authorities, in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods. 2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4, of the TRIPS Agreement are met. A Party may also provide similar procedures for the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory in accordance with its domestic laws and regulation. 11-16 .. , .. .__ ___ ::=--

Government Procurement CHAPTER 12 GOVERNMENT PROCUREMENT ARTICLE 12.l I. The Parties recognise the importance of cooperation in the area of government procurement in accordance with their respective laws and regulations. 2. After two years from the entry into force of this Agreement, either Party may request the other Party to enter into discussions to negotiate a new chapter on Government Procurement, which if accepted by the other Party and successfully negotiated and finalized, shall form an integral part of this Agreement. In the course of such negotiations, the Parties shall give due consideration to their respective laws, regulations and best practices. ARTICLE 12.l Non-Application of Dispute Settlement Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. 12-1

-c CHAPTER 13 SMALL AND MEDIUM-SIZED ENTERPRISES ARTICLE 13.1 General Principles I. The Parties, recognising the fundamental role of small and medium-sized enterprises (SMEs) in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs. 2. The Parties recognise the integral role of the private sector in the implementation of this Chapter. ARTICLE 13.1 Cooperation to Increase Trade and Investment Opportunities for SM Es With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities for SMEs and, in particular, shall endeavour to: (a) promote cooperation between the Parties' small business support infrastructure, including SME-related entities, incubators and accelerators, export assistance entities, and other entities 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 its 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 its cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in 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 and counsellors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners. ARTICLE 13.3 Information Sharing I. Each Party shall endeavour to establish or maintain its own free, publicly-accessible website containing information regarding this Agreement, including: (a) the text of this Agreement; 13-1 GA :::==-

(b) a summary of this Agreement; and (c) any additional information that would be useful for SMEs interested m benefitting from the opportunities provided by this Agreement. 2. Each Party shall endeavour to include in its website links or information through automated electronic transfer to: (a) the equivalent websites of the other Parties; and (b) the websites of its own government agencies and other appropriate entities that provide information 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 1n paragraph 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; (g) trade promotion programs; (h) competitiveness programs; (i) SME investment and financing programs; U) Taxation or accounting regulations; (k) government procurement opportunities; and (I) other information which the Party considers to be useful for SMEs. 4. Each Party shal I endeavour to regularly review the information and links on the website referred to in paragraphs I and 2 to ensure the information and links are up-to-date and accurate. 5. To the extent possible, each Party shall make the infonnation referred to in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavour to make this information available, as appropriate. 13-2 =-

ARTICLE 13.4 Non-Application of Dispute Settlement Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. 13-3 ==---

CHAPTER 14 ECONOMIC COOPERATION ARTICLE 14.l Objectives I. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalise and facilitate trade and encourage investment between the Parties and foster economic growth. 2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable and inclusive economic growth and prosperity of the Parties. ARTICLE 14.2 Scope Economic cooperation under this Chapter shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through trade and trade-related activities. ARTICLE 14.3 Competition Policy 1. The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities. 2. The Parties may consult on matters related to anti-competitive practices and their adverse effects on trade. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations. ARTICLE 14.4 Means of Cooperation The Parties will endeavour to encourage technical, technological and scientific economic cooperation, through the following ways: (a) joint organisation of conferences, seminars, workshops, meetings, training sessions and outreach and education programs; (b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and 14-1

governmental agencies, including study visits and internship programs for professional training; (c) dialogue and exchange of experiences between the Parties' private sectors and agencies involved in trade promotion; (d) initiation of a knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernisation to other countries through UAE's Government Experience Exchange Programme; ( e) promote joint business initiatives between entrepreneurs of the Parties; and (f) any other form of cooperation that may be agreed by the Parties. ARTICLE 14.5 Non-application of Dispute Settlement Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. 14-2

CHAPTER 15 DISPUTE SETTLEMENT ARTICLE 15.1 Objective The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution. ARTICLE 15.2 Cooperation The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation. ARTICLE 15.3 Scope of Application I. Except as provided in paragraphs 2 and 3 of this Article, this Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation, or application of this Agreement (hereinafter referred to as "covered provisions"), wherever a Party considers that: (a) a measure of the other Party is inconsistent with its obligations under this Agreement; or (b) the other Party otherwise failed to carry out its obligations under this Agreement. 2. This Chapter shall not cover non-violation complaints and other situation complaints. 3. The Parties agree that neither Party shall have recourse to dispute settlement under this Chapter for any matter arising under the following Chapters of this Agreement: (a) Chapter 5 (Sanitary and Phytosanitary Measures); (b) Article 7.1 (Anti-Dumping and Countervailing Measures) of Chapter 7 (Trade Remedies); (c) Chapter 10 (Investment); (d) Chapter 12 (Government Procurement); (e) Chapter 13 (Small and Medium-Sized Enterprises); and (f) Chapter 14 (Economic Cooperation). 15-1

ARTICLE 15.4 Contact Points 1. Each Party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter. 2. Any request, notification, written submission or other document made in accordance with this Chapter shall be delivered to the other Party through its designated contact point. ARTICLE 15.5 Request for Information Before a request for consultations, good offices, conciliation or mediation is made pursuant to Articles 15.6 (Consultations) or 15.7 (Good Offices, Conciliation or Mediation) respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request. ARTICLE lS.6 Consultations I. The Parties shall endeavour to resolve any dispute referred to in Article 15.3 (Scope of Application) by entering into consultations in good faith with the aim of reaching a mutually agreed solution. 2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the reasons for the request, including the measure at issue and a description of its factual basis and the legal basis specifying the covered provisions that it considers applicable. 3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than IO days after the date of receipt of the request. Consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise. 4. Consultations on matters of urgency including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, shall be held within 15 days of the date ofreceipt of the request. The consultations shall be deemed to be concluded within those 15 days unless the Parties agree otherwise. 5. During consultations each Party shall provide sufficient information so as to allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement. 15-2 Q-J;-t-==-==

6. Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings. 7. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party to which the request is made. 8. If the Party to which the request is made does not respond to the request for consultations within IO days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 15 .8 (Establishment of a Panel). ARTICLE lS.7 Good Offices, Conciliation or Mediation I. The Parties may at any time agree to enter into procedures for good offices, conciliation or mediation. They may begin at any time, and be terminated by either Party at any time. 2. Proceedings involving good offices, conciliation or mediation and the particular positions taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties. 3. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the panel procedures proceed. ARTICLE 15.8 Establishment of a Panel I. The complaining Party may request the establishment of a panel if: (a) the respondent Party does not reply to the request for consultations in accordance to the time frames referred in Article 15.6 (Consultations) of this Agreement; or (b) the consultations referred to in A1ticle 15.6 (Consultations) of this Agreement are not held or fail to settle a dispute within 30 days or 15 days in relation to urgent matters including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, after the date of the receipt of the request for consultations by the respondent Party. 2. The request for the establishment of a panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the factual basis of the complaint and the legal basis specifying the relevant covered 15-3 t::======-

provisions in a manner sufficient to present how such measure is inconsistent with those provisions. 3. When a request is made by the complaining Party in accordance with paragraph I, a panel shall be established. ARTICLE f5.9 Composition of a Panel 1. Unless the Parties agree otherwise, a panel shall consist of three panelists. 2. Within 20 days after the request for the establishment ofa panel is made in accordance with Article 15.8.2 (Establishment ofa Panel), each Party shall appoint a panelist. The Parties shall, by common agreement, appoint the third panelist, who shall serve as the chairperson of the panel, within 40 days after the establishment of a panel in accordance with Article 15.8.3 (Establishment ofa Panel). 3. If either Party fails to appoint a panelist within the period established in paragraph 2, the other Party, within a period of 20 days, may request the Director-General of the WTO to appoint the unappointed panelists within 20 days of that request. 4. If the Director-General of the WTO notifies the Parties to the dispute that he or she is unavailable or does not appoint the unappointed panelist within 2.0 days of the date of the request made pursuant to paragraph 3, any Party to the dispute may request the Secretary-General of the Permanent Court of Arbitration to appoint the unappointed panelist within 20 days of that request. 5. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, they shall within the next 10 days, exchange their respective lists comprising three nominees each who shall not be nationals of either Party. The chairperson shall then be appointed by draw of lot from the lists within 10 days after the expiry of the time period during which the Parties shall exchange their respective lists of nominees. The selection by lot of the chairperson of the panel shall be made by the Joint Committee. 6. If a Party fails to submit its list of three nominees within the time period established in paragraph 5, the chairperson shall be appointed by draw of lot from the list submitted by the other Party. 7. The date of composition of the panel shall be the date on which the last of the three selected panelists has notified to the Parties the acceptance of his or her appointment. ARTICLE 1.5.10 Decision on Urgency If a Party so requests, the panel shall give a preliminary ruling, within 15 days of its composition, whether the dispute concerns matters of urgency. 15-4 ? c:.===-=-

l. Each panelist shall: ARTICLE tS.11 Requirements for Panelists (a) have demonstrated expertise m law, international trade, and other matters covered by this Agreement; (b) be independent of, and not be affiliated with or take instructions from, either Party; (c) serve in their individual capac1t1es and not take instructions from any organisation or government with regard to matters related to the dispute; (d) comply with the Code of Conduct established in Annex 158 (Code of Conduct for Panelists and Others Engaged in Dispute Settlement Proceedings under this Agreement); and (e) be chosen strictly on the basis ofobjectivity, reliability, and sound judgment. 2. The chairperson shall also have experience in dispute settlement procedures. 3. Persons who provided good offices, conciliation or mediation to the Parties, pursuant to Article 15.7 (Good Offices, Conciliation or Mediation) in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panelists in that matter. ARTICLE 15.12 Replacement of Panelists If any of the panelists of the original panel becomes unable to act, withdraws or needs to be replaced because that panelist does not comply with the requirements of the code of conduct, a successor panelist shall be appointed in the same manner as prescribed for the appointment of the original panelist under Article 15.9 (Composition ofa Panel) and the work of the panel shall be suspended during the appointment of the successor panelist. ARTICLE lS. O Functions of the Panel Unless the Parties otherwise agree, the panel: (a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions; (b) shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; and 15-5

t t,__ (c) should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution. ARTICLE 15.14 Terms of Reference I. Unless the Parties otherwise agree within 15 days after the date of establishment of the panel, the terms of reference of the panel shall be: "to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 15.18 (Interim Report) and 15.19 (Final Report)." 2. If the Parties agree on other terms of reference than those referred to in paragraph l within the time line specified therein, they shall notify the agreed terms of reference to the panel no later than 5 days after their agreement. ARTICLE l.S.l.S Rules of Interpretation I. The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law. 2. When appropriate, the panel may also take into account relevant interpretations in reports of panels established under this Agreement and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO. 3. The rulings of the panel cannot add to or diminish the rights and obligations of the Parties provided under this Agreement. ARTICLE 1S.l6 Procedures of the Panel I. Unless the Parties otherwise agree, the panel shall follow the model Rules of Procedure set out in Annex 15A (Rules of Procedure for the Panel). 2. There shall be no ex parte communications with the panel concerning matters under its consideration. 3. The deliberations of the panel and the documents submitted to it shall be kept confidential. 4. A Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies. 15-6

5. The panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually agreed solution. 6. The panel shall make its decisions, including iLs report by consensu , but if consensus is not possible then by majority vote. Any member may furnish separate opinions on matters not unanimously agTeed, and such separate opinions shall not be disclosed. 7. Rulings of the panel shall be binding on the Parties. ARTICLE IS.17 Receipt of Information I. Upon the request ofa Party, or on its own initiative. the panel may seek from the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the panel for information. 2. Upon the request ofa Party or on its own initiative, the panel may seek from any source any information it considers appropriate. 3. On request of a Party, or on its own initiative, the panel may seek technical advice or expert opinion from any individual or body that it deems appropriate, and subject to any terms and conditions as the Parties agree. 4. Any information obtained by the panel under this A1ticle shall be made available to the Parties and the Parties may provide comments on that information. ARTICLE 15.18 Interim Report l. The panel shall deliver an interim report to the Parties within 90 days after the date of composition of the panel. When the panel considers that this deadline cannot be met, the chairperson of the panel shall notify the Parties and the Joint Committee in writing. stating the reasons for the delay and the dale on which the panel plans to deliver its interim report. Under no circum tances shall the delay exceed .,Q days after the deadline. The interim report shall not be made public. 2. The interim report shall set out a descriptive part and the panel's findings and conclusions. 3. Each Party may submit to the panel written comments and a written request to review precise aspects of the interim repo1t within 15 days of th date of issuance of the interim report. A Party may comment on the others Paity�s request within six days of the delivery of the request. 4. After considering any written comments and requests by each Party on the interim report, the panel may modify the interim report and make any further examination it considers appropriate. 15-7

ARTICLE lS.l 9 Final Report 1. The panel shall deliver its final report to the Partie and Joint Committee within 120 days of the date of composition of the panel. When the panel considers that th is deadline cannot be met the chaisperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plan to deliver its final report. Under no circumstances shall the delay exceed 30 days after the deadline. 2. The final report shall include a discussion of any written comments and requests made by the Parties on the interim report. The panel may, in its final report, suggest ways in which the final report could be implemented. 3. The final report shall be made public within 15 days of its delivery to the Parties unless the Parties otherwise agree to publish the final report only in parts or not to publish the final report. ARTICLE 15.20 Implementation of the Final Report I. Where the panel finds that tbe respondent Party has acted inconsistent! with a co ered provision pursuant to Article 15.3 (Scope of Application) the respondent Party shall take any measure necessary to comply promptly and in good faith with the Panel ruling. 2. If it is impossible to comply immediately the respondent Party shall. no later than 30 day after the delivery of the final report. notify the complaining Party and the Joint Committee of the reasonable period of time neces ary for compliance with the final report and the Parties shall endeavour to agree on the reasonable period oft.ime required for compliance with the final report. ARTICLE 15.21 Reasonable Period of Time for Compliance I. If the Parties have not agreed on the length of the reasonable period of time, the complaining Pruiy shall, no later than 20 days aHer the date ofreceipt of the notification made by the respondent Party in accordance with paragraph :2 of Artie! 15.20 (Implementation ofthe Final Report) request in writing the original panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the respondent Party and the Joint Committee. The 20-day period referred to in this paragraph may be extended by mutual agreement of the Parties. 2. The original panel shall deliver its decision to the Parties and the Joint Committee within 20 days from the relevant request. 3. The length of the reasonable period of time for compliance with the final report may be extended by mutual agreement of the Parties. 15-8 =---

ARTICLE tS.12 Compliance Review I. The respondent Party shall deliver a written notification of its progress in complying with the final report to the complaining Party and the Joint Committee at least one month before the expiry of the reasonable period of time for compliance with the final report unless the Parties agree otherwise. 2. The respondent Party �hall, no later than at the date of expiry of the reasonable periqd of time. deliver a notification to the complaining Party and the Joint Commi'ttee of any measure that it has taken to comply with the final report along with a description on how the measure ensures compliance sufficient to allow the complaining Party to assess the measure before the expiry of the reasonable period of time. 3. Where the Parties di agree on the existence of measure. to comply with the final repo1t, or their consistency with the covered provisions, the complaining Party may request in writing the original -panel to decide on the matter before compensation can be ought or suspension of benefits can be applied in accordance with Article 15.23.l(c) Temporary Remedies in Case of Non-Compliance). uch request shall be notified simultaneously to the respondent Party and the Joint Committee. 4. The request shall provide Lhe factual and legal basis for the complaint, including the identification of the specific measures at issue and an indication of why any measure taken by the respondent Party fail lo comply with the final report or are otherwise inconsistent with the covered provisions. 5. The panel shall deliver its decision to the Parties and the Joint Committee within 60 days of the date of submission of the request. ARTICLE 15,23 Temporary Remedies in Case of Non-Compliance I. If the respondent Party: (a) fails to notify any measure taken to comply with the final report before the expiry of the reasonable period of time; or (b) notifies the complaining Party in writing that it is not possible to comply with the final report within the reasonable period of time; or (c) the original panel finds that no measure taken to comply exists or that the measure taken to comply with the final report as notified by the respondent Party is inconsistent with the covered provisions; The respondent Party shall, on request of the complaining Party, enter into consultations with a view to agreeing on mutually satisfactory compensation. 2. If the Parties fail to reach a mutually satisfactory agreement within 20 days after the date of receipt of the request made in accordance with paragraph I, the complaining 15-9 Cit

Party may deliver a written notification to the respondent Party that it intends to suspend the application of concessions or other obligations under this Agreement. 3. The complaining Party may begin the suspension of concessions or other obligations referred to in the preceding paragraph 20 days after the date when it served notice on the respondent Party, unless the respondent Party made a request under paragraph 7. 4. The suspension of concessions or other obligations: (a) shall be at a level equivalent to the nullification or impairment that is caused by the failure of the respondent Party to comply with the final report; and (b) shall be restricted to benefits accruing to the respondent Party under this Agreement. 5. In considering what concessions or other obligations to suspend in accordance with paragraph 2, the complaining Party shall apply the following principles: (a) the complaining Party should first seek to suspend the concessions or other obligations in the same sector or sectors as that affected by the measure that the panel has found to be inconsistent with this Agreement; and (b) the complaining Party may suspend concessions or other obligations in other sectors, if it considers that it is not practicable or effective to suspend concessions or other obligations in the same sector(s). The communication in which it notifies such a decision shall indicate the reasons on which it is based. 6. The suspension of concessions or other obligations or the mutually satisfactory agreement foreseen in the paragraph I shall be temporary and shall only apply until the inconsistency of the measure with the relevant covered provisions has been removed, or until the Parties have reached a mutually agreed solution pursuant to Article 15.28 (Mutually Agreed Solution) of this Agreement. 7. If the respondent Party considers that the suspension of concessions or other obligations does not comply with paragraphs 4 and 5, that Party may request in writing the original panel to examine the matter no later than 15 days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining Party and to the Joint Committee. The original panel shall notify to the Parties and the Joint Committee its decision on the matter no later than 45 days of the receipt of the request from the respondent Party, or if the original panel cannot be established with its original members, from the date on which the last panelist of the newly established panel is appointed. Concessions or other obligations shall not be suspended until the panel has delivered its decision pursuant to this paragraph. The suspension of concessions or other obligations shall be consistent with this decision. 15-10

ARTICLE 15.24 Review of any Measure Taken to Comply After the Adoption of Temporary Remedies 1. Upon the notification by the respondent Party to the complaining Party and the Joint Committee of the measure taken to comply with the final report panel ruling: (a) in a situation where the right to suspend concessions or other obligations has been exerci ed b the complaining Party in accordance with Article 15.23 (Temporary Remedies in Case of Non-Compliance). the complaining Party shall terminate the suspension of concessions or other obligations no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or (b) in a situation where necessary compensation has been agreed, the respondent Party may terminate the application of such compensation no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2. 2. If the Parties do not reach an agreement on whether the measure notified in accordance with paragraph 1 is consistent with the relevant covered provisions within 30 days after the date of receipt of the notification the complaining Party shall request in writing the original panel to examine the matter. That request hall be notified simultaneously to Lhe respondent Party and the Joint Committee. The decision of the panel shall be notified to the Parties and the Joint Committee no later than 30 days after the date of submission of the request. If the panel decides that the measure notified in accordance with paragraph I is consistent with the covered provisions, the suspension of concessions or other obligations, or the application of the compensation, as the case may be, shall be terminated no later than 15 days after the date of the decision. If the panel determines that the notified measure achieves only partial compliance with the covered provisions, the level of suspension of benefits or other obligations, or of the compensation, shall be adapted in light of the decision of the panel. ARTICLE 15.25 Suspension and Termination of Proceedings If both Parties so request in writing, the panel shall suspend work for a period agreed by the Parties and not exceeding 12 consecutive months from such request. In the event of a suspension of the work of the panel, the relevant time periods under this Section shall be extended by the same period of time for which the work of the panel was suspended. The panel shall resume its work before the end of the suspension period at the wr.itten request of both Parties. If the work of the panel has been suspended for more than 12 consecutive months, the authority of the panel shall lapse and the dispute settlement procedure shall be terminated. ARTICLE 15.26 Choice of Forum 1. Unless otherwise provided in this Article, this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other international trade agreements to which they are both Parties. 15-11

2. If a dispute with regard to a particular measure arises under this Agreement and under another international trade agreement to which both Parties are party, including the WTO Agreement, the complaining Party may select the forum in which to settle the dispute. 3. Once a Party has selected the forum and initiated dispute settlement proceedings under this Chapter or under the other international agreement with respect to the particular measure referred to in paragraph 2, the selected forum shall be used to the exclusion of other fora, unless the forum selected first fails to make findings on the issues in dispute for jurisdictional or procedural reasons. 4. For the purpose of paragraph 3: (a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 15.8 (Establishment ofa Panel); (b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the DSU; and (c) dispute settlement proceedings under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement. ARTICLE 15.27 Costs I. Unless the Parties otherwise agree, the costs of the panel and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the both Parties. 2. Each Party shall bear its own expenses and legal costs in the panel proceedings. ARTICLE 15.28 Mutually Agreed Solution I. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 15.3 (Scope of Application). 2. If a mutually agreed solution is reached during the panel procedure, the Parties shall jointly notify that solution to the chairperson of the panel. Upon such notification, the panel shall be terminated. 3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period. 4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution. 15-12 t:.::====

ARTICLE lS.29 Time Periods I. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified in this Chapter. 2. Any time period referred to in this Chapter may be modified by mutual agreement of the Parties. ARTICLE 15.30 Annexes The Joint Committee may modify the Annexes 15A (Rules of Procedure for the Panel) and 158 (Code of Conduct for Panelists and Others Engaged in Dispute Settlement Proceedings under this Agreement). 15-13 '?...-,;:i;:====-

ANNEXES ANNEXISA:RULESOFPROCEDUREFORTHEPANEL ANNEX 15B: CODE OF CONDUCT FOR PANELISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT 15-14 a-Pr t::====-

Timetable ANNEX 15A RULESOFPROCEDUREFORTHEPANEL L After consulting the Parties, the panel shall, whenever possible within 7 days of the appointment of the final panelist, fix the timetable for the panel process. 2. The panel process shall, as a general rule, not exceed 120 days from the date of establishment of the panel until the date of the final report, unless the Parties otherwise agree. 3. Should the panel consider there is a need to modify the timetable, it shall inform the Parties in writing of the proposed modification and the reason for it. In cases of urgency in accordance with Article 15.10 (Decision on Urgency) the panel, after consulting the Parties, shall adjust the timetable as appropriate and shal) notify the Parties of such adjustment. Written Submissions and other Documents 4. Unless the panel otherwise decides, the complaining Party shall deliver its first written submission to the panel no later than 20 days after the date of composition of the panel. The respondent Party shall deliver its first written submission to the panel and to the . complaining Party no later than 20 days after the date of de! ivery of the complaining Party's first written submission unless the arbitral panel decides otherwise. 5. A Party shall provide a copy of its written submission to each of the panelists and to the other Party. The copy shal) be delivered in electronic format against receipt or if agreed by the Parties, a copy of the documents shall also be provided by registered post, courier or facsimile. 6. Within 20 days of the conclusion of the hearing, each Party may deliver to the panel and the other Party a supplementary written submission responding to any matter that arose during the hearing. 7. The Parties shall transmit all information or written submissions, written versions of oral statements and responses to questions put by the panel to the other Party to the dispute at the same time as it is submitted to the panel. 8. Al) written documents provided to the panel or by one Party to the other Party shal) be delivered in electronic format against receipt or if agreed by the Parties, a copy of the documents shall also be provided by registered post, courier or facsimile. 9. Minor errors of a clerical nature in any request, notice, written submission or other document related to the panel proceeding may be corrected by delivery of a new document clearly indicating the changes. 15-A-l

I--C Operation of the Panel I 0. The chairperson of the panel shall preside at all of its meetings, and shall fix the date and time of the hearing in consultation with the Parties and other members of the panel. The panel may delegate to the chairperson the authority to make administrative and procedural decisions. 11. Panel deliberations shall be confidential. Only panelists may take part in the deliberations of the panel. The reports of panels shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 12. Opinions expressed in the panel report by individual panelists shall be anonymous. Hearings 13. The Parties shall be given the opportunity to attend hearings and meetings of the panel. 14. The panel shall provide for at least one hearing for the Parties to present their cases to the panel. 15. Unless the Party disagrees the Panel may decide to convene additional hearings or not to convene a hearing at all. 16. All panelists shall be present at hearings. Panel hearings shall be held in closed session with only the panelists and the Parties in attendance. However, in consultation with the Parties, assistants, translators or designated note takers may also be present at hearings to assist the panel in its work. Any such arrangements established by the panel may be modified with the agreement of the Parties. 17. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The panel shall, as a general rule, conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; the reply of the complaining Party; the counter-reply of the respondent Party; closing statement of the complaining Party; and closing statement of the respondent Party. The chairperson may set time limits for oral arguments to ensure that each Party is afforded equal time. Written Questions 18. The panel may direct written questions to either Party at any time during the proceedings. A Party to whom the panel addresses a written question shall deliver a written reply to the panel and the other Party in accordance with the timetable established by the panel. 19. Each Party shall be given the opportunity to provide written comments on the response of the other Party within the timetable established by the panel. 15-A-2 ::,.

�c Confidentiality 20. The panel's hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential information submitted to the panel by the other Party which that Party has designated as confidential. 21. Where a Party designates as confidential its written submissions to the panel, it shall, on request of the other Party, provide the panel and the other Party with a non�confidential summary of the information contained in its written submissions that could be disclosed to the public no later than IO days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public. Working language 22. The working language of the panel proceedings, including for written submissions, oral arguments or presentations, the report of the panel and all written and oral communications between the Parties and with the panel, shall be English. Venue 23. The venue for the hearings of the panel shall be decided by agreement between the Parties. If there is no agreement, the first hearing shall be held in the territory of the respondent Party complained against, and any additional hearings shall alternate between the territories of the Parties. Expenses 23. The panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants, designated note takers or other individuals that it retains. Ex Parle Contacts 24. The panel shall not meet or contact a Party in the absence of the other Party. 25. No Party shall contact any panelist in relation to the dispute in the absence of the other Party or other panelists. 26. No panelist shall discuss any aspect of the subject-matter of the proceedings with a Party in the absence of the other Party and other panelists. 15-A-3