In civil judicial proceedings concerning the enforcement of intellectual property rights, each Party shall provide that its judicial authorities shall have the authority to order a party to desist from an infringement, in order, inter alia, to prevent infringing imports from entering the channels of commerce and to prevent the exportation of infringing goods.
Article 14.42. ALTERNATIVE DISPUTE RESOLUTION
Each Party may permit use of alternative dispute resolution procedures to resolve civil disputes concerning intellectual property rights.
Article 14.43. PROVISIONAL MEASURES
1. Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional measures:
(a) to prevent an infringement of any intellectual property right from occurring, and in particular, to prevent goods that involve the infringement of an intellectual property right from entering into the channels of commerce in a Party's jurisdiction; and
(b) to preserve relevant evidence in regard to the alleged infringement.
2. Each Party shall provide that its judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.
3. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant's right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.
Subsection C. Special Requirements Related to Border Measures
Article 14.44. SCOPE OF BORDER MEASURES
Each Party shall, in conformity with the provisions of Part II, Section 4 of the TRIPS Agreement, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation of counterfeit trademark or pirated copyright goods (20) may take place, to lodge an application in writing with the competent authorities, administrative or judicial, 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. 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 this Section are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory.(21)
(a) "counterfeit trademark goods" means any goods, including packaging bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation; and
(b) "pirated copyright goods" means any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or related right under the law of the Party in which the border measure procedures are applied.
Article 14.45. SECURITY OR EQUIVALENT ASSURANCE
Each Party shall provide that its competent authorities have the authority to require a right holder that requests the procedures provided for in this Section to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Each Party shall provide that this security or equivalent assurance does not unreasonably deter recourse to these procedures.
Article 14.46. DISCLOSURE OF INFORMATION
Where its competent authorities have suspended or seized goods that are suspected of being counterfeit or pirated, in accordance with its laws pertaining to the protection of personal information, a Party shall provide that its competent authorities have the authority to inform the right holder, upon his request, of the names and the addresses of the importer and to provide the right holder with samples of said goods.
Article 14.47. DE MINIMIs IMPORTS
Each Party may exclude from the application of this Article small quantities of goods of a non-commercial nature contained in travelers' personal luggage or sent in small consignments.
Article 14.48. DESTRUCTION
Each Party may provide that goods that have been suspended from release by its customs authorities, and that have been forfeited as pirated or counterfeit, shall be destroyed, except in exceptional circumstances and in regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient to permit the release of the goods into the channels of commerce.
Subsection D. Criminal Procedures and Remedies
Article 14.49. CRIMINAL PROCEDURES AND PENALTIES
Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright piracy on a commercial scale and may treat related rights piracy similarly. (22)
Article 14.50. PENALTIES, SEIZURE, FORFEITURE, AND DESTRUCTION Further to the Article 14.49, Each Party Shall Provide:
(a) penalties that include sentences of imprisonment as well as monetary fines sufficient to provide a deterrent to future infringements, consistent with a policy of removing the infringerâs monetary incentive;
(b) that in appropriate cases, remedies available shall also include seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence; and
(c) that its authorities may initiate legal action ex officio with respect to the offences described in this Chapter, without the need for a formal complaint by a private party or right holder.
Section I. Other Provisions
Article 14.51. PROTECTION OF ENCRYPTED PROGRAM-CARRYING SATELLITE AND CABLE TELEVISION BROADCASTS
Each Party Shall Make It a Criminal Offense to Fraudulently Obtain, Through Willful Acts, Subscription Service of Cable or Satellite Television Broadcast.
Section J. Cooperation and Exchange of Information
Article 14.52. COOPERATION AND EXCHANGE OF INFORMATION
1. In addition to any existing forms of cooperation between the Parties in the field of intellectual property, the Parties shall endeavor to cooperate on subject matter covered by this Chapter, including, but not limited to:
(a) enforcement of rights;
(b) exchange of information related to developments in domestic and international intellectual property policy; and
(c) exchange of experience in implementation of multilateral intellectual property agreements and with respect to industrial property registration systems.
2. Cooperation activities and exchanges of information undertaken pursuant to this Chapter shall occur on a request basis, be subject to the availability of resources, and be upon terms and conditions to be mutually agreed upon between the Parties.
Section K. Committee on Intellectual Property Rights
Article 14.53. COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS
1. The Parties hereby establish the Committee on Intellectual Property Rights (hereinafter referred to in this Article as the "Committee").
2. For the purposes of the effective implementation and operation of this Chapter, the functions of the Committee shall include, but are not limited to:
(a) reviewing and monitoring the implementation and operation of this Chapter; (b) discussing ways to facilitate cooperation between the Parties;
(c) exchange of information on laws, systems and other issues of mutual interest concerning intellectual property rights;
(d) carrying out other functions as may be delegated by the Joint Committee; and
(e) seeking to resolve disputes that may arise regarding the interpretation or application of this Chapter.
3. The Committee shall meet within one year after the date of entry into force of this Agreement and annually thereafter unless the Parties otherwise agree. The Committee shall inform the Joint Committee of the results of each meeting. (23)
Article 14.54. REVIEW
The Parties agree to review, in order to consider possible amendments to the following issues, starting on the third year of the entry into force of this Agreement:
(a) protection conferred to unregistered designs;
(b) confidential design;
(c) design registration requirements;
(d) copyright and related rights; and
(e) enforcement.
Chapter 15. TRADE AND ENVIRONMENT
Article 15.1. GENERAL PROVISIONS
1. The Parties recognise that each Party has sovereign rights to conserve and protect its environment, and affirm their environmental obligations under their law, as well as their international obligations under multilateral environmental agreements to which they are a party.
2. The Parties recognize the mutual supportiveness between trade and environmental policies and the need to implement this agreement in a manner consistent with environmental protection and conservation.
3. Nothing in this Chapter shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.
4. The Parties agree to strengthen communication and cooperation between their respective environmental authorities on environmental issues of mutual interest.
Article 15.2. LEVELS OF PROTECTION
Recognizing the sovereign right of each Party to establish its own levels and priorities of environmental protection and to adopt or modify accordingly its environmental laws and policies each Party shall strive to ensure that those laws and policies provide for and encourage high levels of environmental protection and shall strive to continue to improve its respective levels of environmental protection, including through such environmental laws and policies.
Article 15.3. APPLICATION AND ENFORCEMENT OF ENVIRONMENTAL LAW
1. A Party shall not fail to effectively enforce its environmental laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties, after the date of entry into force of this Agreement.
2. The Parties shall not weaken or reduce the environmental protections provided by their laws and regulations to encourage trade or investment, by waiving or otherwise derogating from, or offering to waive or otherwise derogate from, their laws or regulations in a manner affecting trade or investment between the Parties.
3. The parties recognize that it is inappropriate to establish or use its environmental laws or other measures in a manner that would constitute a disguised restriction on trade between the parties.
Article 15.4. ACCESS TO REMEDIES AND PROCEDURAL GUARANTEES
1. Each Party shall ensure that an interested person residing or established in its territory may request the Party's competent authorities to investigate an alleged violation of its environmental laws and shall give such a request due consideration, in accordance with its law.
2. Each Party shall provide a person with a legally recognised interest under its laws in a particular matter appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of the Partyâs environmental laws, and to seek remedies for violation of those laws.
3. Each Party shall ensure that its administrative ,quasi- judicial or judicial proceedings referred to in paragraph 2 are fair, equitable, and transparent and to this end shall ensure that the proceeding:
(a) is conducted by an impartial and independent natural person who does not have an interest in the outcome of the matter;
(b) is open to the public, except if the law or the administration of justice requires otherwise;
(c) entitles the parties to a proceeding to support or defend their respective positions and to present information or evidence; and
(d) is, within the framework of its legal system, not unnecessarily complicated and does not entail an unreasonable fee or time limit or an unwarranted delay.
4. Each Party shall provide that a final decision on the merits of the case in a proceeding is: (a) in writing and, if appropriate, states the reasons on which the decision is based;
(b) made available within a reasonable time period to the parties to a proceeding and, in accordance with its law, to the public; and
(c) based on information or evidence presented by the parties to a proceeding.
5. Each Party shall also provide, as appropriate, that parties to a proceeding have the right, in accordance with its law, to seek review and, if warranted, correction or redetermination, of a final decision in a proceeding.
6. Each Party shall ensure that a tribunal that conducts or reviews a proceeding is impartial and independent, and does not have any substantial interest in the outcome of the matter.
Article 15.5. TRANSPARENCY
Each Party shall promote public awareness of its environmental laws by ensuring that relevant information is available to the public regarding its environmental laws, and procedures regarding environmental law enforcement and compliance.
Article 15.6. ENVIRONMENT AND ENTERPRISE
Each Party shall strive to promote compliance with its environmental guidelines by enterprises operating in its territory.
Article 15.7. MEASURES TO ENHANCE ENVIRONMENTAL PERFORMANCES
1. The Parties recognise that flexible, voluntary and incentive-based mechanisms can contribute to the achievement and maintenance of a high level of environmental protection, complementing regulatory measures under environmental laws. In accordance with its law and policy, each Party shall encourage the development and use of such mechanisms.
2. In accordance with its law and policy, each Party shall encourage the development, establishment, maintenance or improvement of performance goals and standards used in measuring environmental performance.
Article 15.8. INSTITUTIONAL MECHANISM.
1. The Parties hereby establish an Environmental Affairs Committee comprising senior level representatives of each Party.
2. The Committee shall meet within one year following the date of entry into force of this Agreement, and thereafter as necessary, to discuss matters of mutual interest, and oversee the implementation of this Chapter, and perform any other function that the Parties may decide.
3. The Committee shall prepare a summary record of each meeting unless the Committee decides otherwise.
4. The Committee may prepare reports and recommendations on any activity or action related to the implementation of this Chapter. A copy of these reports and recommendations may be submitted to the Joint Committee, for its consideration.
5. Summary records, reports and recommendations of the Committee shall be made available to the public, unless otherwise decided by the Parties.
6. Each Party shall designate an office within its administration that shall serve as a contact point with the other Party for purposes of implementing this Chapter.
7. The Committee shall consider undertaking a review of the implementation of this Chapter, in order to improve its operation and effectiveness.
Article 15.9. CONSULTATIONS
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter and shall make every attempt through consultations, the exchange of information and, if appropriate, cooperation to address any matter that might affect the operation of this Chapter.
2. A Party may request consultations with the other Party through the Committee regarding any matter arising under this Chapter by delivering a written request to the National Contact Point of the other Party, with a copy to the Coordinator of the other Party. The request shall clearly identify the question at issue and provide a brief summary of any claim under this Chapter. Consultations shall commence promptly after a Party delivers a request for consultations to the National Contact Point of the other Party.
3. During the consultations, each Party shall provide the other with sufficient information in its possession to allow a full examination of the matters raised.
4. Consultations, including documents prepared specifically for the purposes of these consultations, are confidential and without prejudice to the rights of the Parties in any proceedings.
5. Consultations may be held in person or by any other means that the Parties mutually decide. If consultations are held in person, they shall take place in the territory of the Party that has received the request, unless the Parties decide otherwise.
6. For greater certainty, if relevant, a Party may seek information or views of any person, organization or body that may contribute to the examination of the matter at issue.
7. If the Parties fail to resolve the matter pursuant to paragraph 2, the requesting Party may request higher level consultations with the other Party regarding any matter under this Chapter by delivering a written request to the National Contact Point of the other Party. The Party receiving the request shall respond expeditiously. The higher level consultations, including documents prepared specifically for the purposes of these consultations, are confidential and without prejudice to the rights of the Parties in any proceedings. The higher level consultations shall :be concluded within 120 days of a Party's receipt of the request unless the Parties decide otherwise.
Article 15.10. PUBLIC INFORMATION
Each Party shall provide for the receipt and the consideration of enquiries from persons residing or established in that Party on matters related to the implementations of this chapter.
Article 15.11. REVIEW PANEL
1. Following the conclusion of the higher level consultations, the requesting Party may request that a Review Panel be convened to examine the matter if it considers that the consultations have not satisfactorily addressed the matter by delivering a written request to the National Contact Point of the other Party. The requesting Party shall also deliver a copy of the request to the Coordinator of the other Party.
2. A Review Panel shall be established upon receipt of the request referred to in paragraph 1 by a National Contact Point. Unless the Parties decide otherwise, the terms of reference of the Review Panel shall be: "To examine, in light of the relevant provisions of Chapter 15 (Trade and Environment) of the Korea - Israel Free Trade Agreement, the matter referred to in the request for the establishment of the Review Panel, and to issue a report making recommendations for the resolution of the matter."
3. If in the final report the Review Panel determines that a Party has not complied with its obligations under this Chapter, the Parties shall, within three months of the submission of that final report and taking into account that report, endeavor to consent to a mutually satisfactory action plan to address the matter. Any action plan developed by the Parties shall be made public promptly, unless otherwise decided by the Parties. The Party undertaking the action plan shall submit a copy of it to the Coordinator of the other Party.
4. If the Parties reach a mutually agreed solution to a matter at any point after a Review Panel has been established, they shall notify the Review Panel of the solution. Upon the Review Panelâs receipt of this notification, the panel procedure shall be terminated.
5. Annex 15-A shall apply to the selection of panelists and procedures related to the Review Panel.
Article 15.12. DISPUTE SETTLEMENT
Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Article 15.13. PUBLIC ENGAGEMENT
1. Each Party shall inform the public of activities, including meetings of the Parties and cooperative activities, undertaken to implement this Chapter.
2. Each Party shall endeavour to engage the public in activities undertaken to implement this Chapter.
Article 15.14. PROTECTION OF CONFIDENTIAL INFORMATION
Each Party shall ensure that information designated by either Party for treatment as confidential information, in particular personal or commercial information, is protected.
Article 15.15. COOPERATION
1. The Parties hereby agree to promote cooperation activities of mutual interest, subject to the availability of resources.
2. The Parties shall endeavor to assure that cooperation activities:
(a) are consistent with the programs, strategies of development, and national priorities of each Party; and
(b) would create opportunities for the public to take part in the development and implementation of such activities.
Article 15.16. COOPERATION AREAS
1. Areas of cooperation between the Parties in respect of this Chapter may include, but shall not be limited to:
(a) cooperation on environmental issues in other bilateral, regional and multilateral forums in which they participate;
(b) exchange of views on the trade impact of environmental regulations, norms, and standards;
(c) exchange of views on the relationship between multilateral environmental agreements and international trade rules;
(d) prevention and management of environmental disasters and emergencies;
(e) environmental aspects of industrial activity including chemical management;
(f) other forms of environmental cooperation as the Parties may deem appropriate.
2. The Parties agree to identify priority areas to establish cooperative activities, and will prepare a work program, including these priority areas and activities after the entry into force of this Agreement.
Article 15.17. A DEFINITIONS
1. For the purposes of this Chapter:
Committee means the Committee on the Environment established by Article 15.8;
environmental laws means any law or statutory or regulatory provision, or other legally binding measure of a Party, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:
(a) the prevention, abatement or control of the release, discharge or emission of pollutants or environmental contaminants;
(b) the management of chemicals and waste and the dissemination of information related thereto; or
(c) the conservation and protection of wild flora or wild fauna, including endangered species, their habitat and protected natural areas;
but does not include any measure directly related to worker health and safety, nor any measure of which the primary purpose is managing the commercial harvest or exploitation, or subsistence of natural resources.
Review Panel means a panel established pursuant to Article 15.11.
2. For the purposes of this Chapter, a Party has not failed to "effectively enforce its environmental laws" in a particular case if the action or inaction in question by an agency or an official of that Party:
(a) reflects a reasonable exercise of discretion in respect of investigatory, prosecutorial, regulatory or compliance matters; or
(b) results from a bona fide decision to allocate resources to enforcement in respect of other environmental matters determined to have higher priority.
Chapter 16. TRANSPARENCY
Article 16.1. PUBLICATION
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. To the extent required by its legal system, each Party shall:
(a) publish in advance any such measures that it proposes to adopt; and
(b) provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
3. With respect to proposed regulations (1) of general application of its central level of government respecting any matter covered by this Agreement that are published in accordance with paragraph 2(a), each Party:
(a) shall endeavor to publish the proposed regulations; and
(b) shall endeavor to include in the publication an explanation of the purpose of and rationale for the proposed regulations.
4. With respect to regulations of general application adopted by its central level of government respecting any matter covered by this Agreement, each Party: