(b) agree a timetable for further consultations at an initial meeting held within the timeframe specified in subparagraph (a), or alternatively agree within the timeframe specified in subparagraph (a) not to enter into further consultations;
(c) where further consultations are entered into, review this Section with a view to amending this Agreement so that this Section grants no less favourable treatment than the protection granted by:
(i) the international agreement referred to in subparagraph 1(a) or 2(a);
(ii) the substantive change to protection referred to in subparagraph 1(b); or
(iii) the sui generis system referred to in subparagraph 2(b); and
(d) where further consultations are entered into, use reasonable endeavours to complete a review under this Article in a timely manner.
5. Within three years of the date of entry into force of this agreement if the United Kingdom has not entered into consultations under paragraph 2, the United Kingdom shall initiate a review of its laws and regulations relating to the protection, as intellectual property, of geographical indications in relation to categories of goods other than wines, spirits, agricultural products, or foodstuffs. The United Kingdom shall complete the review in a timely manner and communicate the outcome of this review to India through the Working Group on Intellectual Property Rights established pursuant to Article 13.15 (Working Group on Intellectual Property Rights).
Section E. Patents
Article 13.46. Rights Conferred
1. Each Party shall provide that a patent confers on its owner the following exclusive rights:
(a) where the subject matter of a patent is a product, to prevent third parties not having the owner’s consent from the acts of making, using, offering for sale, selling, or importing (15) for these purposes that product; and
(b) where the subject matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.
2. Each Party shall also provide that a patent owner has the right to assign, or transfer by succession, the patent and to conclude licensing contracts.
Article 13.47. Patentable Subject Matter
1. Subject to paragraphs 2 and 3, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that the invention is new, involves an inventive step, and is capable of industrial application. (16) Subject to paragraph 3, each Party shall make patents available and patent rights enjoyable without discrimination as to the place of invention, the field of technology, and whether products are imported or locally produced.
2. A Party may exclude from patentability inventions, the prevention within its territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that the exclusion is not made merely because the exploitation is prohibited by its law.
3. A Party may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
Article 13.48. Exceptions
A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that those exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties.
Article 13.49. Regulatory Review Exception
1. Without prejudice to the scope of, and consistent with, Article 13.48 (Exceptions), each Party:
(a) shall provide that a third party may do an act that would otherwise infringe a patent with respect to a pharmaceutical product invention if the act is done for purposes connected with obtaining regulatory approval (17) in that Party or another country or both; and
(b) may provide that a third person may do an act that would otherwise infringe a patent with respect to all other types of invention if the act is done for purposes connected with obtaining regulatory approval in that Party or another country or both.
Article 13.50. Other Use without Authorisation of the Right Holder
The Parties understand that nothing in this Chapter shall limit a Party’s rights and obligations under the TRIPS Agreement to authorise the use of a patent without the authorisation of the right holder.
Article 13.51. Amendments, Corrections and Observations
1. Each Party shall provide a patent applicant with at least one opportunity to make amendments, corrections, and observations in connection with its application, in accordance with their laws and regulations.
2. Neither Party shall revoke or invalidate a patent, either totally or in part, without the patent owner being given the opportunity to make observations on the intended revocation or invalidation, and to make amendments and corrections where permitted under a Party’s law.
3. A Party may provide that amendments made pursuant to paragraph 1 or 2 do not go beyond the scope of the disclosure of the invention, as of the filing date.
Article 13.52. Publication of Patent Applications
1. Recognising the benefits of transparency in the patent system, each Party shall endeavour to publish unpublished pending patent applications promptly after the expiration of 18 months from the filing date or, if priority is claimed, from the earliest priority date.
2. If a pending application is not published promptly in accordance with paragraph 1, a Party shall publish that application, or the corresponding patent, as soon as practicable.
3. Each Party shall provide that an applicant may request the early publication of an application prior to the expiration of the period referred to in paragraph 1.
Article 13.53. Information Relating to Published Patent Applications and Granted Patents
1. For published patent applications and granted patents, and in accordance with the Party’s requirements for the prosecution of such applications and patents, each Party shall make available to the public at least the following information, to the extent that the information is in the possession of the competent authorities and is generated on, or after, the date of the entry into force of this Agreement:
(a) examination reports generated for an application, including details of, or information related to, relevant prior art searches;
(b) as appropriate, non-confidential communications from applicants; and
(c) patent and non-patent related literature citations submitted by applicants and relevant third parties.
Article 13.54. Conditions on Patent Applicants
1. Each Party shall require an applicant for a patent to disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art and may require the applicant to indicate the best mode for carrying out the invention known to the inventor at the filing date or, where priority is claimed, at the priority date of application.
2. A Party may require a patent applicant to provide information concerning the applicant’s corresponding foreign application and grants. A mere failure to comply with this requirement shall not result in revocation of or refusal to grant a patent, except where the competent authority determines there is deliberate or wilful suppression of information.
3. The patent granting authority may give due consideration to information concerning the applicant’s corresponding foreign application and grants which is publicly available or otherwise available to the granting authority, during the patent application process.
Article 13.55. Opposition Proceedings
1. Where a Party provides for a process that allows a third party to oppose a patent application prior to its grant, it shall ensure that this opposed patent application is processed and disposed of within a reasonable period of time and without undue delay.
2. A Party which allows a third party to oppose a patent application prior to its grant shall, subject to its law, adopt (18) measures in support of paragraph 1. (19)
Article 13.56. Patent Working Disclosure Requirement
1. Neither Party shall require a patent owner to provide annual disclosure of information concerning the working of a patent. Where a Party provides for periodic disclosure of information concerning the working of a patent, the periodicity shall not be less than three years and confidential information contained in the disclosure shall not be made available in the public domain, other than in exceptional circumstances. (20)
2. Notwithstanding paragraph 1, a Party may require a patent owner to provide a disclosure concerning the working of a patent, in a given case, in accordance with its law.
3. Pursuant to paragraphs 1 and 2, failure to disclose information concerning the working of a patent shall not result in imprisonment.
Section F. Designs
Article 13.57. Protection of Registered Industrial Designs
1. Each Party shall provide for the protection of independently created industrial designs that are new or original. This protection shall be provided by registration and shall confer an exclusive right upon the owner of the registered industrial design in accordance with this Article.
2. A Party may provide limited exceptions to the protection of registered industrial designs, provided that those exceptions do not unreasonably conflict with the normal exploitation of registered industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the registered industrial design, taking account of the legitimate interests of third parties.
3. Each Party shall ensure that an owner of a registered industrial design has at least the right to prevent third parties not having the owner’s consent from making, offering, selling, or importing an article or product bearing or embodying the registered industrial design which is a copy, or substantially a copy, of the registered industrial design, where those acts are undertaken for commercial purposes.
Article 13.58. Duration of Protection
Each Party shall ensure that the total term of protection available for registered industrial designs is no less than 15 years.
Article 13.59. Multiple Design Applications
A Party may allow for two or more industrial designs to be registered through the filing of one application, in accordance with its law.
Article 13.60. Electronic Design System
1. Each Party shall provide a:
(a) system for the electronic application for, and renewal of, registered industrial designs; and
(b) publicly available electronic information system, which must include an online database of registered industrial designs.
Article 13.61. Unregistered Designs
A Party may provide, in accordance with its law, that unregistered designs may be protected. The extent to which, and the conditions under which, that protection is conferred, including the level of originality required, shall be determined by each Party.
Section G. Copyright and Related Rights
Article 13.62. Authors
1. Each Party shall provide authors with the exclusive right to authorise or prohibit the:
(a) direct or indirect reproduction in any manner or form, in whole or in part, of their works;
(b) distribution to the public, by sale or otherwise, of the original and copies (21) of their works;
(c) communication to the public (22) of their works, by wire or wireless means, including broadcasting and the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them; and
(d) commercial rental to the public of their works in respect of at least computer programs and cinematographic works.
Article 13.63. Performers
1. Each Party shall provide performers with the exclusive right to authorise or prohibit the:
(a) fixation of their unfixed performances;
(b) direct or indirect reproduction in any manner or form, in whole or in part of fixations of their performances;
(c) distribution to the public, by sale or otherwise, of the original and copies of fixations of their performances;
(d) making available to the public of fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them;
(e) broadcasting and the communication to the public of their unfixed performances except where the performance is already a broadcast performance; and
(f) commercial rental to the public of fixations of their performances.
Article 13.64. Producers of Phonograms
1. Each Party shall provide producers of phonograms with the exclusive right to authorise or prohibit the:
(a) direct or indirect reproduction in any manner or form, in whole or in part, of their phonograms;
(b) distribution to the public, by sale or otherwise, of the original or copies of their phonograms;
(c) making available to the public of their phonograms by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them; and
(d) commercial rental to the public of their phonograms.
Article 13.65. Broadcasting Organisations
1. Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit the:
(a) fixation of their broadcasts;
(b) direct or indirect reproduction in any manner or form, in whole or in part, of fixations of their broadcasts;
(c) distribution to the public, by sale or otherwise, of fixations of their broadcasts;
(d) rebroadcasting of their broadcasts; and
(e) communication to the public of their broadcasts if that communication is made against payment of an entrance fee. A Party may determine the conditions under which this exclusive right may be exercised.
Article 13.66. Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes
1. The Parties acknowledge the importance of performers and producers of phonograms receiving equitable remuneration when their phonograms published for commercial purposes are used for broadcasting or for any communication to the public. (23)
2. The Parties shall cooperate and discuss measures with a view to facilitating equitable remuneration for performers and producers of phonograms.
Article 13.67. Artist’s Resale Right
1. Each Party shall provide, for the benefit of the author of an original work of art, a resale right, to be defined as an inalienable right, which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author.
2. The Parties shall engage in discussions as soon as reasonably practicable, after the date of entry into force of this Agreement, for the establishment of a well-functioning and effective mechanism to enable the author of an original work of art and their beneficiaries to receive royalties.
3. Nothing in this Article shall require a Party to provide an artist’s resale right for authors and their beneficiaries of the other Party on a reciprocal basis, until the mechanism as referred in paragraph 2 has been established to the satisfaction of each Party.
Article 13.68. Limitations and Exceptions
1. A Party may provide limitations or exceptions in its law to the rights provided for in this Section, but shall confine those limitations or exceptions to certain special cases that do not conflict with a normal exploitation of covered subject matter, and do not unreasonably prejudice the legitimate interests of the right holder.
2. This Article is without prejudice to the scope of applicability of the limitations and exceptions to any rights permitted by the TRIPS Agreement and WIPO administered treaties to which a Party is party.
Article 13.69. Terms of Protection
1. Each Party shall provide that the rights of an author of a work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for no less than 60 years after the author’s death. (24)
2. In the case of a work of joint authorship, each Party shall provide that the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.
3. Where the term of protection of a work is not determined by reference to the life of a natural person, each Party shall provide that the term of protection shall run for no less than 60 years from when the work was first lawfully made available to the public. (25)
4. Each Party shall provide that the rights of broadcasting organisations shall run for no less than 25 years from the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.
5. Each Party shall provide that the rights of performers for their performances shall run for no less than 50 years from making of the performance.
6. Each Party shall provide that the rights of producers of phonograms shall run for no less than 60 years from when the phonogram was first lawfully published or made available to the public. (26)
7. Each Party shall provide that the terms laid down in this Article shall be calculated from the beginning of the calendar year following the event.
8. A Party may provide for longer terms of protection than those provided for in this Article.
9. Within three years of the entry into force of this Agreement, if the Parties have not entered into consultations for review pursuant to paragraph 10, India shall commence an internal domestic review in a timely manner for increasing the term of protection of works, performances, phonograms and broadcasts. India shall complete the review within a reasonable period of time and communicate the findings of this domestic review to the United Kingdom through the Working Group on Intellectual Property Rights established pursuant to Article 13.15 (Working Group on Intellectual Property Rights).
10. The Parties shall, following entry into force of this Agreement, enter into consultations to review this Article if:
(a) after this Agreement has been signed by the Parties India introduces a legislative change increasing the term of protection provided under this Article; or
(b) after the date of entry into force of this Agreement, an international agreement enters into force between India and a non-Party that includes obligations to increase any term of protection provided under this Article.
11. If an event or change described in paragraph 10 occurs, the Parties shall:
(a) enter into consultations under the auspices of the Working Group on Intellectual Property Rights established pursuant to Article 13.15 (Working Group on Intellectual Property Rights) as soon as reasonably practicable after the relevant event or change in paragraph 10 has taken place, and in any event no later than one year after the date of that event or change; (27)
(b) where these consultations are entered into, review this Article with a view to increasing the term of protection following:
(i) the legislative change referred to in subparagraph 10(a); or
(ii) the international agreement(s) referred to in subparagraph 10(b); and
(c) following these consultations, complete the review under this Article in a timely manner.
Article 13.70. Collective Rights Management
1. The Parties shall endeavour to promote cooperation between the collective management organisations established in their respective territories for the purpose of facilitating licensing of content between the Parties, as well as encouraging the transfer of rights revenue between the respective collective management organisations for the use of that content.
2. Each Party shall endeavour to promote the transparency of collective management organisations established in their respective territories, particularly in relation to the collection of rights revenues, the deductions they make from the rights revenue collected, their distribution policies and the repertoire they represent.
3. Each Party shall endeavour to promote the non-discriminatory treatment by collective management organisations of right holders these organisations represent either directly or via another collective management organisation.
4. Each Party shall encourage collective management organisations established in its territory to regularly, diligently and accurately distribute amounts due to represented collective management organisations in a timely manner.
Article 13.71. Technological Protection Measures
1. Each Party shall provide adequate legal protection and effective legal remedies against the unauthorised circumvention of effective technological measures that are used in connection with the exercise of rights provided under this Section and that restrict acts which are not authorised by the right holders concerned or permitted by the Party’s law.
2. A Party may take appropriate measures, as necessary, to ensure that the protection afforded in accordance with this Article shall not prevent beneficiaries of exceptions or limitations provided for in accordance with Article 13.68 (Limitations and Exceptions) from enjoying those exceptions or limitations.
Article 13.72. Rights Management Information
1. Each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing, without authority, any of the following acts knowing, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of covered subject matter:
(a) to remove or alter any electronic rights management information; or
(b) to distribute, import for distribution, broadcast, communicate, or make available to the public covered subject matter, knowing that electronic rights management information has been removed or altered without authority.
2. For greater certainty, this Article does not prevent beneficiaries of exceptions or limitations provided for in accordance with Article 13.68 (Limitations and Exceptions) from enjoying those limitations or exceptions.