(d) human resource development;
(e) ICT and the digital economy;
(f) financial services;
(g) infrastructure and logistics enhancement;
(h) agriculture and livestock;
(i) private sector development;
(j) fisheries and blue economy;
(k) water, environment and the green economy;
(l) health;
(m) energy;
(n) SPS;
(o) TBT;
(p) customs and trade facilitation;
(q) transport;
(r) shipping and maritime;
(s) export market and product development; and
(t) structured commodities tracling.
3. The Parties may agree in the Annual Work Program on Economic and Development Cooperation Activities to modify the above list, including by adding other areas for economic and development cooperation.
Article 12.4. Means of Cooperation
The Parties shall endeavour to encourage technical, technological and scientific, economic and development cooperation, through the following:
(a) joint organization 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 govern.mental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion;
(d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernization to other countries through UAE's Government Experience Exchange Programme;
(e) promoting joint business initiatives between entrepreneurs of the Parties;
(f) exchanges on technical matters including through the uses of expertise from academic institutions and other similar entities; and
(g) any other form of cooperation that may be agreed by the Parties.
Article 12.5. 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 to trade and investment. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations.
Article 12.6. Resources
1. Resources for economic and development cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program.
Article 12.7. Committee on Economic and Development Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Committee on Economic and Development Cooperation in accordance with Article 14.1.3 (Joint Committee).
2. The Subcommittee on Economic and Development Cooperation shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments to the Annual Work Programme through periodic evaluations;
(f) cooperate with other subcommittees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
Article 12.8. Annual Work Program on Economic and Development Cooperation Activities
1. The Committee on Economic and Development Cooperation shall prepare and adopt an Annual Work Program on Economic and Development Cooperation Activities ("Annual Work Program") based on proposals submitted by the Parties.
2. Each activity in an Annual Work Program developed under this Chapter shall: (i) be guided by the objectives agreed in Article 12.2; (ii) be related to trade or investment and support the implementation of this Agreement; (iii) involve both the Parties; (iv) address the mutual priorities of the Parties; (v) and avoid duplicating existing economic cooperation activities.
Article 12.9. Non-application of Chapter 16 (Dispute Settlement)
Chapter 16 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter. Any differences arising out of the implementation of this Chapter, shall be settled amicably within the framework of the Joint Committee.
Chapter 13. INTELLECTUAL PROPERTY
Section A. General Provisions
Article 13.1. Definitions
For the purposes of this Chapter:
intellectual property refers to all categories of intellectual property that are the subject of Sections one through seven of Part II of the TRIPS Agreement;
national means, in respect of the relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 13.5 of this agreement or the TRIPS Agreement; and
WIPO means the World Intellectual Property Organization.
Article 13.2. Objectives
The Parties shall endeavour to promote, support, protect and enforce intellectual property rights so as to contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual 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 13.3. Principles
The Parties may adopt appropriate measures to prevent the abuse of intellectual property rights by right holders or resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology provided that such measures are consistent with this Agreement.
Article 13.4. 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 and the TRIPS agreement, provided that such protection or enforcement does not contravene the provisions of this Chapter and the TRIPS Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter and the TRIPS Agreement within its own legal system and practice.
Article 13.5. International Agreements
The Parties reaffirm their obligations set out m the following multilateral agreements:
(a) Patent Cooperation Treaty of 19 June 1970, as revised by the Washington Act of 2001;
(b) Paris Convention for the Protection of Industrial Property, done on 20 March 1883, as revised by the Stockholm Act of 1967 ("Paris Convention");
(c) Berne Convention for the Protection of Literary and Artistic Works, done on 9 September 1886, as revised by the Paris Act of 1971 ("Berne Convention");
(d) Madrid Protocol relating to the Madrid Agreement concerning the International Registration of Marks, done on 27 June 1989;
(e) WIPO Performances and Phonograrn Treaty, done on 20 December 1996;
(f) International Convention for the Protection of Pe,formers, Producers of Phonograms and Broadcasting Organizations, done on 26 October 1961;
(g) WIPO Copyright Treaty, done on 20 December 1996;
(h) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done on 27 June 2013; and
(i) International Convention for the Protection of New Varieties of Plants, done on 19 March 1991.
Article 13.6. Intellectual Property and Public Health
1. 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 and TRIPS Agreement.
2. The Parties recognise the principles established in the Declaration on The TRIPS Agreement and Public Health, done on 14 November 2001 (the "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 13.7. National Treatment
1. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of another Party treatment no less favourable than it accords to its own nationals with regard to the protection of intellectual property rights subject to the exceptions applicable under international treaties to which the Parties are member.
2. With respect to secondary uses of phonograms by means of analogue communications and free over-the-air broadcasting, however, a Party may limit the rights of the performers and producers of another Party to the rights its persons are accorded within the jurisdiction of that other Party.
3. A Party may derogate from paragraph 1 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 or regulations that are not inconsistent with this Chapter and TRIPS Agreement, and;
(b) not applied in a manner that would constitute a disguised restriction on trade.
4. Paragraph 1 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 13.8. Transparency
1. Each Party shall endeavour, subject to its legal system and practice, to make available infonnation concerning application and registration of trademarks, geographical indications, industrial designs, patents and plant variety rights accessible for the general public.
2. The Parties also acknowledge the importance of informational materials, such as publicly accessible databases of registered intellectual property rights that assist in the identification of subject matter that has fallen into the public domain.
3. Each Party shall endeavour to make available such information in the English language.
Article 13.9. Application of Chapter to Existing Subject Matter and Prior Acts
1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter e)cisting 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.
2. Unless otherwise provided in this Chapter, a Party shalJ not be required to restore protection to subject matter that on the date of entry into force of th is Agreement for that Party has fallen into the public domain in its territory.
3. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement for a Party.
Article 13.10. Exhaustion of Lntellectual Property Rights
Without prejudice to any prov1s1ons addressing the exhaustion of intellectual property rights in international agreements to which a Party is a member, nothing in this Chapter prevents a Party from detennining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.
Section B. Cooperation
Article 13.11. Cooperation Activities and Initiatives
1. 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) SMEs; and
(ii) 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;
(g) technical assistance and capacity-building;
(h) enforcement of intellectual property rights; and
(i) other activities and initiatives as may be mutually determined between the Parties.
2. The Parties may establish a Subcommittee on Intellectual Property m accordance with Article 14.1.3 (Joint Committee).
Article 13.12. Patent Cooperation
1. The Parties recognise the importance of improving the quality and efficiency of their respective patent registration systems as well as simplifying and streamlining the procedures and processes of their respective patent offices for the benefit of all users of the patent system and the public as a whole.
2. Further to paragraph 1, the Parties shall endeavour to cooperate among their respective patent offices to facilitate the sharing and use of search and examination work with the other Party. This may include:
(a) making search and examination results available to the patent office of the other Party; and
(b) exchanging information on quality assurance systems and quality standards relating to patent examination.
3. The Parties shall endeavour to share patent information on science, technology, innovation activities, and the generation, transfer and dissemination of technology, subject to any confidentiality requirements in their domestic laws and regulations.
4. In order to reduce the complexity and cost of obtaining the grant of a patent, the Parties shall endeavour to cooperate to reduce differences in the procedures and processes of their respective patent offices.
Section C. Trademarks
Article 13.13. Types of Signs Registrable as Trademarks
Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs whether rendered in two-dimensional or three-dimensional form, shall be eligible for registration as trademarks. Where signs are not inherently capable of distinguishing the relevant goods or services, a Party may make registrability depend on distinctiveness acquired through use. A Party may in addition include the registration of the sound marks in accordance with the national laws and regulations of the Party.
Article 13.14. Collective and Certification Marks
Each Party shall provide that trademarks may include collective marks and certification marks. A Party is not obligated to treat certification marks as a separate category in its law, provided that those marks are protected. Each Party may also provide that signs that may serve as geographical indications are capable of protection under its trademark system.(1)
Article 13.15. Use of Identical or Similar Signs
Each Party shall provide that the owner of a registered trademark bas the exclusive right to prevent third parties that do not have the owner's consent from using in the course of trade identical or similar signs, including geographical indications, (2) (3) for goods or services that are related to those goods or services in respect of which the owner's trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.
Article 13.16. Exceptions
A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that those exceptions take account of the legitimate interest of the owner of the trademark and of third parties.
Article 13.17. Well-Known Trademarks
1. Neither Party shall require as a condition for determining that a trademark is well-known that the trademark has been registered in the Party or in another jurisdiction.
2. Article 6 bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark, (4) whether registered or not, provided 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 that 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 WlPO on 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 trademark, (5) 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 provide such measures including in cases in which the subsequent trademark is likely to deceive.
Article 13.18. 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 13.19. Electronic Trademarks System
Each Party shall endeavour to 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 of registered trademarks.
Article 13.20. 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 of the Registration of Marks, done on 15 June 1957, as revised and amended ("Nice Classification"). Each Party shall provide that:
(a) registrations and the publications of applications indicate the goods and services by their names, grouped according to the classes established by the Nice Classification;(6) 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 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 13.21. Term of Protection for Trademarks
Each Party shall provide that initial registration and each renewal of registration of a trademark is for a term of no less than 10 years. The registration of a trademark shall be renewable indefinitely.