b) any standard or conformity assessment process adopted or proposed by non- governmental standards bodies in its territory;
c) membership and participation of that Party, its authorities or relevant non-governmental bodies in its territory, in international or regional standardizing bodies and conformity assessment systems, in bilateral or multilateral agreements, within the scope of this Chapter, as well as in relation to the provisions of such systems and agreements;
d) the medium, date and location of notices published pursuant to this chapter, or the place where the information contained therein may be obtained; and
e) the Party's risk assessment procedures, the factors it takes into consideration in carrying out the assessment and in establishing the levels of protection it considers appropriate to achieve its legitimate objectives in accordance with the provisions of this chapter.
2. When a Party designates more than one information center:
a) inform the other Party of the scope of competence of each such center; and
b) ensure that any request sent to the wrong clearinghouse Is delivered, in an expeditious manner, to the correct clearinghouse.
3. Each Party shall ensure that, when the other Party or interested persons, in accordance with the provisions of this Chapter, request copies of the documents referred to in paragraph 1, they shall be provided at the same price as its nationals, except for the actual cost of shipment.
4. Notwithstanding the provisions of paragraph 3, when the information center of a Party requests copies of documents issued by government agencies from the other Party, they shall be provided free of charge, except for the actual cost of mailing.
5. The obligation to answer and respond to reasonable questions and requests referred to in paragraph 1 shall in no way be understood to mean that the information center is empowered to interpret any measure relating to standardization or metrological standards adopted or proposed in its territory. However, such information center shall refer the Party or persons concerned to the competent authority or body.
Article 15-14. Committee on Measures Relating to Standardization.
1. The Parties establish the Committee on Measures Relating to Standardization, which shall be composed of specialized representatives of each Party. The Parties by mutual agreement, shall establish the procedures for determining the number and selection of its representatives. This Committee:
a) shall meet at least once a year, unless otherwise agreed by the Parties;
b) shall make its decisions by consensus; and
c) shall issue its own rules of procedure, which shall be approved by the Commission.
2. The Committee shall have, among others, the following functions:
a) oversee the implementation, enforcement and administration of this chapter;
b) To attend to consultations on matters related to standardization and metrology measures and to make such recommendations to the Commission as it deems pertinent;
c) submit to the Parties, where appropriate, proposals to resolve in the most expeditious manner, problems arising from technical barriers to trade;
d) report annually to the Commission on the implementation of this chapter;
e) to create such subcommittees as it deems necessary, giving them the corresponding functions; and
f) any other duties assigned to it by the Commission.
Article 15-15. Labeling, Packaging and Packing Subcommittee.
1. The Parties establish the Subcommittee on Labeling, Packaging and Packaging, which reports to the Committee and shall be composed of competent representatives of each Party. The Parties, by mutual agreement, shall establish the procedures for determining the number and selection of their representatives.
2. The Subcommittee shall develop harmonized standards for labeling, packaging and wrapping and shall have the following functions:
a) make recommendations, among others, on:
i) common symbol and pictogram systems;
ii) definitions, terminology and warning labeling;
iii) presentation of information, including language, measurement systems, ingredients and sizes; and b) any other duties assigned to it by the Committee.
3. Pending the adoption of such harmonized standards, each Party shall apply its relevant labeling requirements in accordance with Article 15-06 and the other provisions of this Chapter.
Article 15-16. Approval Procedures Subcommittee.
1. The Parties establish the Approval Procedures Subcommittee, which reports to the Committee and shall be composed of competent representatives of each Party. The Parties, by mutual agreement, shall establish the procedures for the determination of the number and selection of their representatives.
2. The Subcommittee shall have the following functions:
a) develop a directory of representatives of relevant governmental authorities to serve as a point of contact and exchange of information on its approval procedures and keep it updated;
b) identify approval procedures whose adoption or application would cause specific problems for the other Party.
c) examine such specific problems with a view to reaching a mutually satisfactory agreement and making recommendations for their solution;
d) developing, where appropriate, equivalent approval procedures for goods and services that are subject to such requirements; and
e) any other duties assigned to it by the Committee.
Article 15-17. Subcommittee on Telecommunication Standardization Measures
1. The Subcommittee on Telecommunication Standardization Measures shall, within six months of the entry into force of this treaty, develop a work program, including a timetable, to make standardization measures compatible with respect to authorized equipment.
2. The Subcommittee may address other matters related to standards for telecommunications equipment or services and such other matters as it deems appropriate.
3. The Subcommittee shall take into account relevant work carried out by the Parties in other fora, as well as that of non-governmental standardization bodies.
Article 15-18. Technical Consultations.
1. When a Party is in doubt as to the interpretation or application of this Chapter, it may request a meeting of the Committee to seek a mutually satisfactory resolution of the dispute or have recourse to the dispute settlement mechanism provided for in Chapter XIX. The Parties may not use both avenues simultaneously.
2. When a Party decides to refer the matter to the Committee, it shall notify the Committee so that it may consider the matter or refer it to a working subgroup or other competent forum for the purpose of obtaining non-binding technical advice or recommendations.
3. The Committee shall consider any matter referred to it pursuant to paragraphs 1 and 2 as expeditiously as possible and shall bring to the attention of the Parties any technical advice or recommendations it develops or receives regarding that matter. Once the Parties receive the requested technical advice or recommendation from the Committee, they shall provide a written response to the Committee with respect to that technical advice or recommendation within a period to be determined by the Committee.
4. In the event that the technical recommendation issued by the Committee does not resolve the dispute between the Parties, the Parties may resort to the dispute settlement mechanism established in Chapter XIX. Unless the Parties agree otherwise, consultations held before the Committee or any of the subcommittees created shall constitute technical consultations for the purposes established in the dispute settlement mechanism pursuant to paragraph 2 of Article 19-06.
5. The technical information generated in the Committee may be considered in the event that consultations are established under the framework of the dispute resolution mechanism.
6. The Party asserting that a standardization measure of the other Party is inconsistent with the provisions of this Chapter shall prove the inconsistency.
Article 15-19. Handling of Hazardous Substances and Hazardous Wastes.
1. For the control and management of hazardous substances and hazardous wastes, the Parties shall apply the provisions, guidelines or recommendations of the United Nations Charter, the Basel Convention and the international agreements to which they are party, as well as their current legislation.
2. Each Party shall regulate, in accordance with its legislation, the introduction, acceptance, deposit, transport and transit through its territory of hazardous substances and hazardous, radioactive and other wastes of internal or external origin which, by their characteristics, constitute a danger to the health of the population or to the environment.
Article 15-20. Technical Cooperation.
1. At the request of a Party, the other Party may provide information or technical assistance, to the extent of its capabilities and on mutually agreed terms, in order to assist compliance with the provisions of this Chapter and to strengthen the activities, processes, systems and measures relating to standardization and metrology of that Party.
2. The activities referred to in paragraph 1 include:
a) the development of a mutual accreditation system for verification units and testing laboratories;
b) implementation of intercomparison programs to ensure that optimum conditions are maintained for the systems and methods to be used and evaluated;
c) strengthening the formal communication systems established in this chapter;
d) exchange of information on technical cooperation programs related to standardization- related measures carried out by a Party; and
e) identification of specific needs, such as:
i) the application of good manufacturing practices in the manufacture and approval of drugs, particularly those for human use;
ii) the application of good laboratory practices in the systems of analysis and evaluation established in the relevant international guides in force; and
iii) the development of common identification and nomenclature systems for ancillary health care goods and medical instruments; and
f) elaboration of training programs, training and organization of, among others, a common system for training, continuing education, training and evaluation of sanitary officers and inspectors.
Chapter XVI. INTELLECTUAL PROPERTY
Section A. General Provisions and Basic Principles
Article 16-01. Definitions.
For the purposes of this chapter, the following definitions shall apply:
Berne Convention: the Berne Convention for the Protection of Literary and Artistic Works (1971);
Geneva Convention: the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (1971);
Paris Convention: the Paris Convention for the Protection of Industrial Property (1967);
Rome Convention: the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961);
Intellectual property rights: includes all categories of intellectual property that are subject to protection under this chapter, under the terms indicated therein;
nationals of the other Party: with respect to the relevant intellectual property right, persons who would meet the eligibility criteria for protection under the Rome Convention, the Berne Convention, the Geneva Convention, and the Paris Convention;
public: any group of individuals to whom it is intended to address and who are capable of perceiving communications or performances of works, regardless of whether they may do so at the same time and place, or at a different time and place, provided that such group is larger than a family and its immediate circle of acquaintances. However, the public shall not be understood as a group formed by a limited number of individuals having the same type of close relationships, which has not been formed for the primary purpose of receiving such performances and communications of works; and
encrypted program-carrying satellite signal: one that is transmitted in a form whereby the auditory or visual characteristics, or both, are modified or altered so as to prevent reception of the program carried on that signal by persons lacking equipment that is designed to eliminate the effects of such modification or alteration.
Article 16-02. Protection of Intellectual Property Rights.
1. Each Party shall grant in its territory to nationals of another Party adequate and effective protection and enforcement of intellectual property rights and shall ensure that measures designed to enforce such rights do not, in tum, become barriers to legitimate trade.
2. Each Party may provide in its legislation more extensive protection for intellectual property rights than that required by this Chapter, provided that such protection does not infringe the provisions of this Chapter.
3. The Parties shall be free to establish the appropriate procedure for implementing the provisions of this Chapter, within the framework of their own legal system and practice.
Article 16-03. Provisions on the Subject Matter.
In order to provide adequate and effective protection and defense of intellectual property rights, the Parties shall apply, at least, the rules contained in this Chapter and the substantive provisions of:
a) the Berne Convention;
b) the Geneva Convention;
c) the Rome Convention; and
d) the Paris Convention.
Article 16-04. National Treatment.
1. Each Party shall accord to nationals of another Party treatment no less favorable than that accorded to its own nationals with respect to the acquisition, protection and enforcement of the intellectual property rights referred to in this Chapter, subject to the exceptions already provided for in the Berne Convention, the Rome Convention and the Paris Convention.
2. No Party may require nationals of another Party, as a condition for the granting of national treatment under this Article, to comply with any formality or condition for acquiring copyright.
Article 16-05. Exceptions.
Each Party may have recourse to the exceptions set forth in Article 16-04 in connection with judicial and administrative proceedings for the protection and enforcement of intellectual property rights, including the designation of a legal domicile or a representative within the jurisdiction of the Party, provided that such exception:
a) necessary to ensure compliance with provisions not inconsistent with the provisions of this chapter; and
b) is not applied in such a way as to constitute a disguised restriction on trade.
Article 16-06. Most Favored Nation Treatment.
With respect to the protection of intellectual property rights, any advantage, favor, privilege or immunity granted by a Party to nationals of any other non-Party shall be accorded immediately and unconditionally to nationals of the other Party. Any advantage, favor, privilege or immunity granted pursuant to Article 4 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C of the WTO Agreement, shall be exempt from this obligation.
Article 16-07. Control of Abusive or Anticompetitive Practices and Conditions.
Provided that they are consistent with the provisions of this Chapter, each Party may apply appropriate measures to prevent the abuse of intellectual property rights by right holders or the use of practices that unreasonably restrain trade or adversely affect the international transfer of technology.
Article 16-08. Cooperation to Eliminate Trade In Infringing Goods.
The Parties shall cooperate with each other with a view to eliminating trade in goods infringing intellectual property rights. To this end, they shall establish information services in their administration and exchange information on trade in infringing goods.
Section B. Copyright and Related Rights
Article 16-09. Protection of Copyright and Related Rights.
1. Each Party shall protect the moral and economic rights of authors of works covered by Article 2 of the Berne Convention, including any other works embodying an original expression within the meaning of that convention, such as computer programs, or compilations of data which by reason of their selection, arrangement, compendium, arrangement or arrangement of their contents constitute intellectual creations.
2. The protection conferred on compilations of data shall not extend to the data or materials themselves, nor shall it be granted to the prejudice of any copyright existing in such data or materials.
3. Each Party shall grant to authors or their successors in title the rights set forth in the Berne Convention, with respect to the works referred to in paragraph 1, including the right to authorize or prohibit:
a) graphic editing;
b) translation into any language or dialect;
c) adaptation and inclusion in phonograms, videograms, cinematographic films and other audiovisual works;
d) communication to the public;
e) reproduction by any means or in any form;
f) the first public distribution of the original and each copy of the work by sale, lease, loan or any other means;
g) the importation into the territory of a Party of copies of the work made without the authorization of the right holder; and
h) any form of use, process or system known or to be known.
4. At least, with respect to computer programs, the Parties shall confer on authors and their successors in title the right to authorize or prohibit the commercial rental to the public of the originals or copies of their copyrighted works. The authorization of the author or successor in title shall not be necessary when the copy of the computer program does not constitute in itself the essential object of the rental.
5. Each Party shall provide that for copyright and related rights:
a) any person acquiring or holding economic rights may freely and separately transfer them by contract for the purpose of exploitation and enjoyment by the transferee; and
b) any person who acquires and holds such economic rights by virtue of a contract, including contracts of employment involving the creation of any kind of work and phonograms, has the capacity to exercise those rights in his own name and to fully enjoy the benefits derived from such rights.
6. Each Party shall confine limitations or exceptions to the rights provided for in this Article to specific special cases that do not prevent the normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the right holder.
7. The protection granted by this Article shall extend during the lifetime of the author. After his death, those who have legitimately acquired rights shall enjoy them for a term of at least 50 years. Where the term of protection of a work is calculated on a basis other than the life of a natural person, that term shall be:
a) not less than 50 years from the end of the calendar year of the authorized publication or disclosure of the work; or
b) in the absence of publication or authorized disclosure, 50 years from the end of the year in which the work was performed.
Article 16-10. Performers.
1. Each Party shall grant performers the right to authorize or prohibit:
a) the fixation of their unfixed performances and the reproduction of such fixation;
b) the communication to the public, transmission and retransmission by wireless means of their performances; and
c) any other form of use of their performances.
2. Paragraph 1 shall not apply once a performer has consented to the incorporation of his performance in a visual or audiovisual fixation.
3. Rights that have not been expressly transferred shall be deemed reserved in favor of the performer.
Article 16-11. Producers of Phonograms.
1. Each Party shall grant the producer of a phonogram the right to authorize or prohibit:
a) the direct or indirect reproduction, in whole or in part, of the phonogram;
b) the importation into the territory of a Party of copies of the phonogram made without the authorization of the producer; and
c) the first public distribution of the original and each copy of the phonogram by sale, lease or any other means.
2. Each Party shall confer on producers of phonograms and all other holders of rights in phonograms as determined by its law, the right to authorize or prohibit the commercial rental to the public of originals or copies of protected phonograms.
Article 16-12. Broadcasting Organizations.
1. Each Party shall grant broadcasting organizations the right to authorize or prohibit:
a) the fixation and reproduction of the fixations of its emissions;
b) retransmission and distribution by cable, fiber optics or any other means, as well as the communication to the public of its broadcasts; and
c) the reception of its emissions in connection with commercial activities.
2. Infringements of the rights referred to in paragraph 1 shall give rise to civil liability, whether or not in conjunction with criminal liability, in accordance with the legislation of each Party.
Article 16-13. Protection of Encrypted Program-carrying Satellite Signals.
Each Party shall establish as a cause of civil liability, whether or not in conjunction with criminal liability, in accordance with its legislation, the reception in connection with commercial activities, or the further distribution of an encrypted program-carrying satellite signal, which has been received without the authorization of the lawful distributor of the signal.
Article 16-14. Term of Protection of Related Rights.
The term of protection granted under this Chapter to performers and producers of phonograms may not be less than 50 years, counted from the end of the calendar year in which the fixation was made or the performance took place. The term of protection granted to broadcasting organizations may not be less than 20 years, counted from the end of the calendar year in which the broadcast took place.
Article 16-15. Limitations or Exceptions to Related Rights.
1. The protection provided for in this Chapter in respect of performers, producers of phonograms and broadcasting organizations shall leave intact and shall in no way affect the protection of the moral and economic rights of authors of literary or artistic works, nor may it be interpreted as undermining such protection.
2. with respect to the rights conferred by Articles 16-10, 16-11 and 16-12, each party may establish limitations or exceptions in the terms permitted by the Rome Convention.
Section C. Trademarks
Article 16-16. Subject Matter of Protection.
1. A trademark may be any sign or combination of signs capable of distinguishing the goods or services of one person from those of another, because they are considered sufficiently distinctive or capable of identifying the goods or services to which they are applied, as opposed to those of the same kind or class. trademarks shall include collective marks. each party may establish as a condition for the registration of a trademark that the signs be visually perceptible.
2. the nature of the goods and services to which a trademark is applied shall in no case be an obstacle to its registration.