(a) In the case of Guatemala: the Administration of Foreign Trade of the Ministry of Economy; and
(b) In the case of Peru: the National Institute for the Defense of Competition and Protection of Intellectual Property,
Or their successors.
5. Chapter 15 (dispute settlement) shall not apply to this section.
Section D. Cooperation
810:. Cooperation
The parties agree to establish a cooperation mechanism between the investigating authorities. Cooperation between the parties may include, inter alia, the following activities:
(a) Exchange of non-confidential information available on defence investigations undertaken on trade
Imports coming or originating from third countries other than the parties;
(b) Technical assistance in the field of trade and defence;
(c) Exchange of information in order to improve the understanding on this chapter on trade and defence systems of the Parties.
Chapter 9. Intellectual Property
1. The Parties recognise that the protection and enforcement of intellectual property rights should contribute to the generation of knowledge, the promotion of innovation, transfer and dissemination of technology and cultural progress, to the mutual advantage of producers and users of technological knowledge and cultural favouring the development of economic and social welfare and the balance of rights and obligations.
2. The Parties recognise the need to maintain a balance between the rights of the
Holders and the public interest, particularly education,
Research, public health and access to information within the framework of the exceptions and limitations laid down by the national legislation of each party.
3. The parties, in formulating or amending their laws and regulations, may take the necessary measures 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.
4. The Parties recognise that contributes to technology transfer
Strengthening national capacities to establish a sound and viable technological base.
5. The parties, in interpreting and implementing the provisions of this chapter;
Shall observe the principles established in the Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO.
6. The Parties shall contribute to the implementation and respect the decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol amending the TRIPS Agreement done at Geneva on 6 December 2005. Also recognise the importance of promoting the gradual implementation of resolution wha61.21., Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, adopted by 61 to the World Health Assembly on 24 May 2008.
7. The Parties shall ensure that the interpretation and implementation of the rights and obligations under this Chapter shall be consistent with paragraphs 1 to 6.
1. Each Party shall apply the provisions of this chapter and may provide in its domestic legislation, though not obliged, more extensive protection than is required by this chapter, provided that such protection does not contravene the provisions of this Agreement.
2. The parties reaffirm their rights and obligations under the WTO TRIPS Agreement, in the Convention on Biological Diversity, and any other multilateral agreement relating to intellectual property agreements and administered by the World Intellectual Property Organization (WIPO) to which the parties are party. In this regard, nothing in this chapter shall derogate from the provisions of the treaties.
3. Each Party, in formulating or amending their national laws and regulations, may make exceptions permitted flexibilities and multilateral treaties relating to the protection of intellectual property rights to which the parties are party.
4. A Party shall accord to nationals of the other party treatment no less favourable than that accorded to its own nationals. Exemptions from this obligation must be in accordance with the relevant provisions referred to in articles 3 and 5 of the WTO TRIPS Agreement.
5. With regard to the protection and enforcement of intellectual property rights referred to in this chapter, any advantage, favour, privilege or immunity granted by a party to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of the other party. Exemptions from this obligation must be in accordance with the relevant provisions referred to in articles 4 and 5 of the WTO TRIPS Agreement.
6. Nothing in this chapter shall prevent a Party from adopting measures necessary to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology. Furthermore, nothing in this chapter shall be construed as diminishing protections that the parties agree or have agreed on the conservation and sustainable use of biodiversity; or prevent the Parties from maintaining or adopting measures for this purpose.
1. Each Party shall protect trademarks in accordance with the WTO TRIPS Agreement.
2. Article 6bis of the Paris Convention for the Protection of Industrial Property shall apply mutatis mutandis to goods or services that are not identical or similar to those identified by a well-known mark,
Regardless of whether registered or not provided that use of that trademark in relation to those goods or services 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 to be damaged by such use.
3. In determining whether a trademark is a well-known 1, no Party shall require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services. For greater certainty, the sector of the public that normally deals with the relevant goods or services is determined in accordance with the national legislation of each party.
4. Each Party shall provide a system for the registration of trademarks, which shall include:
(a) The notice to the applicant in writing stating the reasons for the refusal of registration of the trademark. If the domestic law so permits, notifications shall be made by electronic means;
(b) An opportunity for interested parties to oppose a trademark application or to seek the annulment of a trademark after it has been registered;
(c) Decisions on registration procedures and invalidity be reasoned and in writing; and
(d) An opportunity for interested parties to challenge administrative or judicial, as set out in the national legislation of each party, issued decisions in the registration of trademarks and invalidity.
5. Each Party shall provide that the applications for registration of those applications, publications and registrations indicate the products and services by their names, grouped according to the classes of the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the purposes of the registration of marks as revised and amended (Nice classification).
The goods or services may not be considered as being similar to each other solely on the ground that in any registration or publication they appear in the same class of the Nice classification. Similarly, each Party shall provide that goods or services may not be considered different from each other solely on the ground that in any registration or publication they appear in different classes of the Nice classification.
1 The visibility shall be shown in the territorial scope determined by the national legislation of each party.
1. Geographical indications are those which identify as a product originating in the territory of a party or a region or locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin and may include natural or human factors.
2. Each Party shall in its national legislation and protection mechanisms for registration of geographical indications and designations of origin.
3. Nothing in this article shall preclude the parties maintain or adopt measures in its domestic laws concerning homonymous geographical indications.
4. The names listed in section A of annex 9.4 geographical indications in Peru are protected in accordance with paragraph 1 of article 22 of the WTO TRIPS Agreement. Subject to the conditions and procedures for their protection, under the domestic laws and regulations of Guatemala and in a manner that is consistent with the WTO TRIPS Agreement, such as geographical indications names are protected in the territory of Guatemala 2.
5. The names listed in section B of annex 9.4 are geographical indications protected in Guatemala, in accordance with paragraph 1 of article 22 of the WTO TRIPS Agreement. Subject to the requirements and procedures for protection under the domestic laws and regulations of Peru and in a manner that is consistent with the WTO TRIPS Agreement, such as geographical indications names are protected in the territory of Peru.
6. The geographical indications of a party who is granted protection in the territory of the other party shall be notified to the Party concerned, once concluded with the relevant procedure through the contact points established in article 16.1 (contact points) and shall enjoy the protection provided for in paragraphs 7
And 8.
7. The Parties shall protect geographical indications and designations of origin of the other party registered and / or protected in their respective territories in accordance with paragraphs 4, 5 and 6. Accordingly, and without prejudice to paragraph 3, the Parties shall not permit the import, manufacture or sale of products under such geographical indications and designations of origin, unless such products have been manufactured and certificates in the country of origin, according to the national legislation applicable to such products.
8. The use of geographical indications and designations of origin are recognized and protected in the territory of a Party with respect to any
2 Guatemala may suspend the implementation of this provision for a period not exceeding twenty-four (24 months) from the date of Entry into Force of this Treaty.
Products originating in the territory of that Party, shall be reserved exclusively for producers, artisans authorized manufacturers and which have their places of production or manufacture in the locality or region of the party designated or raised by such a geographical indication.
9. The Parties shall grant the protection accorded to other geographical indications and designations of origin and protected by the parties. To this end, the Party concerned shall notify the other party of such protection, then it shall be as set out in paragraphs 4, 5 and 6.
95:.
"measures related to the protection of biodiversity and traditional knowledge
1. The Parties recognise the importance and the value of their biological diversity and its components. Each party exercises sovereignty over their biological and genetic resources and their derivatives, and consequently determines the conditions of access, in accordance with the principles and provisions contained in applicable national and international law.
2. The Parties recognise the importance and the value of the knowledge, innovations and practices of indigenous and local communities, 3 as well as the past, present and future contributions to the conservation and sustainable use of biological and genetic resources and their derivatives, and in general the contribution of the traditional knowledge of such communities to the culture and economic and social development of nations.
Each Party, in accordance with their national legislation, reiterates its commitment to respect, preserve and maintain traditional knowledge, innovations and practices of indigenous and local communities in the territories of the Parties.
3. Access to biological and genetic resources and their derivatives shall be subject to the prior informed consent of the Party that is a country of origin, on mutually agreed terms. Similarly, access to traditional knowledge of indigenous and local communities associated to these resources shall be subject to the prior informed consent of the holders or, as appropriate, of such knowledge, on mutually agreed terms. Both situations shall be subject to the provisions of the domestic law of each party.
4. The Parties shall encourage steps to ensure a fair and equitable sharing of benefits arising from the use of biological and genetic resources and products and the traditional knowledge of indigenous and local communities.
3 if the national legislation of each party so provides, indigenous and local communities "" shall include Afro-American communities or Afro descendants.
5. Each Party shall promote policy, legal and administrative measures, in order to ensure the full implementation of the conditions of access to biological and genetic resources of biodiversity.
6. Any intellectual property right that arise from the use of biological and genetic resources and their derivatives, and / or traditional knowledge of indigenous and local communities, of which a Party is a country of origin, shall monitor the implementation of specific national and international standards.
7. The Parties shall require that patent applications developed from biological and genetic resources and / or associated traditional knowledge of their country of origin, 'proving access to genetic resources or knowledge, as well as the disclosure of the origin of the appeal and / or traditional knowledge, agreed in the event that the national legislation of the party so requests.
8. The Parties may, through their competent national authorities, exchange information relating to biodiversity and / or traditional knowledge and documented information concerning biological and genetic resources and their derivatives, or in the case of traditional knowledge of their indigenous and local communities to support in the evaluation of the patent.
9. The parties agree, at the request of either party, collaborate in the provision of public information that are available for research and monitoring of the illegal access to genetic resources and traditional knowledge, innovations and practices in their territories.
96:. Copyright and Related Rights
1. The Parties shall recognize the rights and obligations existing under the Berne Convention for the Protection of Literary and Artistic Works; the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; the WIPO Copyright Treaty and the WIPO Performances and Phonograms 4
2. In accordance with the international conventions listed in paragraph 1 and with their national legislation, each Party shall accord adequate and effective protection to the authors of literary and artistic works and to performers and producers of phonograms and broadcasting organisations in their Performances and Phonograms and artistic executions emissions respectively.
This article 4 shall not affect reservations which a Party has undertaken under one or more of the treaties referred to in this paragraph.
3. Independently of the economic rights of the author and even after the transfer of these rights, he shall keep for at least the right to claim authorship of the work and to object to any distortion, mutilation or other modification of the same or any infringement, that would be prejudicial to his honour or reputation.
4. The rights granted to the author in accordance with paragraph 3 shall be maintained after his death, at least until the expiry of their property rights and exercised by the persons or institutions to which the national legislation of the country where protection is claimed rights recognised.
5. The rights granted under paragraphs 3 and 4 shall be granted, mutatis mutandis, to performers as regards their live performances or fixed.
6. Each Party shall ensure that a broadcaster in its territory shall be at least the exclusive right of authorising the following acts: the fixation, reproduction and the rebroadcasting of their broadcasts.
7. The Parties may provide in its domestic legislation limitations and exceptions to the rights provided for in this article, only in certain cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rightholder.
1. Without prejudice to the rights and obligations under the WTO TRIPS Agreement, in particular Part III, the Parties shall develop in their national legislation, measures, procedures and resources necessary to ensure the enforcement of intellectual property rights.
2. The Parties shall adopt procedures to enable the right holder, who has valid grounds for suspecting that shall prepare the import, export or transit of goods of trademark counterfeit or pirated goods that infringe copyright 5
5 For the purposes of paragraphs 2 to 6:
(a) Counterfeit trademark goods means any goods, including its packaging without authorisation bearing a trademark identical to the trademark validly registered in respect of such goods or that cannot be distinguished in its essential aspects from such a trademark and that thereby infringes the rights granted under the legislation of the importing country to the owner of the trademark in question; and
(b) Pirated goods that infringe copyright means any copies made without the consent of the right holder or person duly authorized by him in the country of production and that are made directly or indirectly from an article where the realization of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.
The competent authorities with a request or complaint, according to the national legislation of each party, so that the customs authorities to suspend the release of such goods.
3. Each Party shall provide that any right holder initiating the procedure provided for in paragraph 2, it requires the submission of evidence sufficient to demonstrate to the satisfaction of the competent authorities that under the laws of the importing country there is prima facie infringement of the right holder an intellectual property right; and to supply sufficient information for the goods reasonably knowledge of the right holder so that they can be easily recognised by its competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to these procedures.
4. Each Party shall provide that its competent authorities have the authority to require a right holder to initiate the procedure referred to in paragraph 2, to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. The security assurance or equivalent shall not unreasonably deter recourse to these procedures.
5. Where its competent authorities determine that the goods are counterfeit or pirated, the Party shall have the authority to inform the right holder of the names and addresses of the consignor and the importer and the consignee, as well as the quantity of the goods in question.
6. Each Party shall provide that the competent authorities are permitted to initiate border measures ex officio without the need for a formal request of the right holder or of a third party, when there is reason to believe or suspect that goods being imported, exported or in transit are counterfeit or pirated.
1. The Parties shall exchange information and material in dissemination and educational projects on the use of intellectual property rights, in line with their national laws, regulations and policies, with a view to:
(a) Improving and strengthening administrative systems of intellectual property to promote the efficient registration of intellectual property rights;
(b) Encourage the creation and development of intellectual property within the territory of the Parties, particularly inventors and creators of small and micro, small and medium-sized enterprises;
(c) To promote dialogue and cooperation on science, technology, entrepreneurship and innovation; and
(d) Other issues of mutual interest concerning Intellectual Property Rights.
2. The Parties recognise the importance of promoting research and technological development, entrepreneurship and innovation and the importance of disseminating information technology and to create and strengthen their technological capabilities; for this purpose, they shall cooperate in such areas, taking into account their resources.
3. The Parties shall encourage the establishment of incentives for research, innovation, entrepreneurship, the transfer and dissemination of technology between the parties, aimed, inter alia, firms, universities, research and technological centres.
4. The activities of science and technology cooperation shall take the following forms:
(a) Participation in joint projects for education, research, development and technological innovation;
(b) Visits and exchanges of scientists and technical experts and practitioners, academics public or private;
(c) Joint organization of seminars, conferences, symposia and workshops, as well as participation of experts in those activities;
(d) Promotion of scientific networks and training of researchers;
(e) Concerted actions for the dissemination of results and the exchange of experiences on joint projects of science and technology and for the Coordination of the same;
(f) Exchange and sharing of equipment and materials, including shared use of advanced equipment;
(g) Exchange of information on procedures, laws, regulations and programmes relevant to cooperation activities undertaken pursuant to this Treaty, including information on scientific and technological policy; and
(h) Any other means agreed by the parties.
5. Furthermore, the parties may undertake cooperative activities on the exchange of:
(a) Information and experience on legislative processes and legal frameworks related to intellectual property rights and relevant regulations for the protection and enforcement;
(b) Experiences on the Enforcement of Intellectual Property Rights;
(c) Training of personnel and offices in relation to intellectual property rights;
(d) Information and cooperation on policies and institutional developments in intellectual property;
(e) Information and experience on policies and practices in the field of the promotion of the development of handicrafts; and
(f) Experience in the management of intellectual property and management of knowledge in institutions of higher education and research establishments.
6. Each Party shall designate a contact point responsible for the fulfilment of the objectives of this article and to facilitate the development of collaborative projects and cooperation in research, innovation and technological development, to the following entities:
(a) In the case of Guatemala: the National Science and Technology Council (concyt) and the National Secretariat of Science and Technology (SENACYT); and
(a) In the case of Peru: the National Council of Science, Technology and Innovation (CONCYTEC),
Or their successors.
Section A. Geographical Indications of Peru
1. Pisco (OJ)
2. Cusco giant white maize (OJ)
3. Chulucanas (OJ)
4. ICA pallar (OJ)
5. Villa Rica orcoffee (OJ)
6. Loche of Lambayeque (OJ)
7. Coffee Machu Picchu -huadquiña (OJ)
Section B. Geographical Indications of Guatemala
1. Guatemala rum (OJ)
2. Orcoffee Antigua (OJ)
Chapter 10. Procurement
101:.
"scope of application of this Chapter
1. This chapter applies to any measure adopted by a Party regarding covered procurement.
2. For the purposes of this chapter, covered procurement means a procurement of goods and services or both:
(a) Not procured with a view to commercial sale or resale or with a view to use in the production or supply of goods or services for commercial resale or sale;
(b) Done by any contractual means including the purchase, lease, with or without an option to buy; and public works concession contracts;
(c) For the value which, as estimated in accordance with paragraph 4, equals or exceeds the relevant threshold specified in annex 10.1.
(d) That is conducted by a procuring entity; and
(e) That is not excluded from coverage.
3. This chapter does not apply to:
(a) Non-contractual agreements or any form of assistance that a party including its procuring entities shall accord, cooperation agreements, including grants, loans, grants, movements of capital, guarantees and fiscal incentives;
(b) The procurement or acquisition of Fiscal Agency depository services or liquidation and Management Services for regulated financial institutions or services related to the sale, distribution and redemption of public debt, including government loans and bonds and other securities. For greater certainty: this chapter does not apply to the procurement of services, banking or financial expertise related to the following activities:
(i) Public indebtedness; or
(ii) Administration of public debt;
(c) Procurement funded by grants, loans or other forms of international assistance;
(d) The hiring of government employees and employment related measures;
(e) The procurements made by an entity or State enterprise from another entity of that Party or a government enterprise;
(f) The acquisition, rental of land or existing buildings or other immovable property or the rights thereon;
(g) Purchases made exceptionally under advantageous conditions that apply only for a very short time, such as unusual disposals by enterprises which are not normally suppliers or disposal of assets of businesses in liquidation or receivership. For purposes of this paragraph, shall apply as established in article 10.10.3; and
(h) The procurements made for the purpose of providing specific assistance abroad.
Valuation
4. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement a procuring entity:
(a) Shall neither divide a procurement into separate procurements nor use a particular method for estimating the value of a procurement with the intention of evading the application of this chapter;
(b) It shall take into account all forms of remuneration, including quotas, premiums, fees, commissions, interest, other revenue streams that may be stipulated in public procurement; and where the procurement provides for the possibility of option clauses, the maximum total value of the procurement by including optional purchases; and
(c) It shall, where the procurement is to be conducted in multiple parties, and will result in the award of contracts at the same time or over a given period to one or more suppliers, base its calculation on the maximum total value of the procurement over the period of its validity.
5. Neither contracting entity shall prepare, design, structure or divide procurement in order to avoid the obligations of this chapter.