New Zealand - United Arab Emirates CEPA (2025)
Previous page Next page
(8) For greater certainty, the filing date referred to in this Article includes, as applicable, the priority filing date under the Paris Convention.

Section G. PATENTS

Article 13.27. Grace Period

Each Party shall disregard at least information contained in public disclosures used to determine if an invention is novel or has an inventive step, if the public disclosure: (9) (10)

(a) was made by the patent applicant or by a person that obtained the information directly or indirectly from the patent applicant; and

(b) occurred within 12 months prior to the date of the filing of the application in the territory of the Party.

(9) Neither Party shall be required to disregard information contained in applications for, or registrations of, intellectual property rights made available to the public or published by a patent office, unless erroneously published or unless the application was filed without the consent of the inventor or their successor in title, by a third person who obtained the information directly or indirectly from the inventor.
(10) For greater certainty, a Party may limit the application of this Article to disclosures made by, or obtained directly or indirectly from, the inventor or joint inventor. For greater certainty, a Party may provide that, for the purposes of this Article, information obtained directly or indirectly from the patent applicant may be information contained in the public disclosure that was authorised by, or derived from, the patent applicant.

Article 13.28. Procedural Aspects of Examination, Opposition, Cancellation and Invalidation

Each Party shall provide a system for the examination and registration (11) of patents which includes among other things:

(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register the patent;

(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register the patent;

(c) providing an opportunity for interested parties to seek cancellation or invalidation of a registered patent. In addition, each Party may provide an opportunity for interested parties to oppose the registration of the patent; and

(d) making decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means.

(11) For the purpose of Articles 13.28 and 13.29 "registration" is interpreted as "grant" in New Zealand.

Article 13.29. Amendments, Corrections, and Observations

1. Each Party shall provide an applicant for a patent with at least one opportunity to make amendments, corrections or observations in connection with its application.

2. Each Party shall provide a right holder of a patent with opportunities to make amendments or corrections after registration provided that such amendments or corrections keep the scope of the patent right the same or narrower as a whole.

Article 13.30. Exceptions

A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties.

Section H. INDUSTRIAL DESIGNS

Article 13.31. Procedural Aspects of Examination, Opposition, Cancellation and Invalidation

Each Party shall provide a system for the examination and registration of industrial designs which includes among other things:

(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register the industrial design;

(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register the industrial design;

(c) providing an opportunity for interested parties to seek cancellation or invalidation of a registered industrial design. In addition, each Party may provide an opportunity for interested parties to oppose the registration of the industrial design; and

(d) making decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means.

Article 13.32. Amendments, Corrections, and Observations

1. Each Party shall provide an applicant for an industrial design with at least one opportunity to make amendments, corrections or observations in connection with its application.

2. Each Party shall provide a right holder of an industrial design with opportunities to make amendments or corrections after registration provided that such amendments or corrections keep the scope of the industrial design right same or narrower as a whole.

Article 13.33. Industrial Design Protection

1. The Parties shall ensure that requirements for securing registered industrial design protection do not unreasonably impair the opportunity to obtain such protection.

2. The duration of protection available for registered industrial designs shall amount to at least 15 years from the date of filing.

Article 13.34. Exceptions

A Party may provide limited exceptions to the exclusive rights conferred by the protection of an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of an industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties.

Section I. GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS

Article 13.35. Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions

1. Subject to its international obligations and to its laws and regulations, each Party may establish appropriate measures (12) to protect genetic resources, traditional knowledge, and traditional cultural expressions.

2. The Parties shall endeavour to pursue quality patent examination, which may include, wherever applicable and appropriate, the use of databases or digital libraries which contain relevant information on traditional knowledge associated with genetic resources, and, when determining prior art, relevant publicly-available documented information related to traditional knowledge associated with traditional knowledge may be taken into account.

(12) For greater certainty, "appropriate measures" are a matter for each Party to determine.

Section J. COPYRIGHT AND RELATED RIGHTS

Article 13.36. General Provision

1. Consistent with the obligations set out in the applicable international agreements to which the Parties are party and in accordance with its laws and regulations, each Party shall provide adequate and effective protection to authors for their works, performers for fixations of their performances in phonograms, producers for their phonograms and broadcasters for their broadcasts.

2. Each Party shall ensure that a broadcasting organisation has the exclusive right of authorising:

(a) the rebroadcasting of their broadcasts by wireless means; and

(b) the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

Article 13.37. Term of Protection for Copyright and Related Rights

Each Party shall provide that:

(a) in cases in which the term of protection of a work, performance or phonogram is to be calculated on the basis of the life of a natural person, the term shall be not less than the life of the author and 50 years after the author's death;

(b) the term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed;

(c) the term of protection to be granted to producers of phonograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram was published, or failing such publication within 50 years from fixation of the phonogram, 50 years from the end of the year in which the fixation was made; and

(d) the term of protection to be granted to broadcasting organisations under this Agreement shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcast took place.

Article 13.38. Limitations and Exceptions

1. With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.

2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT.

Article 13.39. Balance In Copyright and Related Rights Systems

Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of limitations or exceptions that are consistent with Article 13.38, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to  published works for persons who are blind, visually impaired or otherwise print disabled. (13) (14)

(13) As recognised by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh, 27 June 2013.
(14) For greater certainty, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article 13.38.

Article 13.40. Contractual Transfers

Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (15) in a work, performance or phonogram:

(a) may freely and separately transfer that right by contract; and

(b) by virtue of contract, including contracts of employment underlying the creation of works, performances or phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right. (16)

(15) For greater certainty, this provision does not affect the exercise of moral rights.
(16) Nothing in this Article affects a Party's ability to establish: (i) which specific contracts underlying the creation of works, performances or phonograms shall, in the absence of a written agreement, result in a transfer of economic rights by operation of law; and (ii) reasonable limits to protect the interests of the original right holders, taking into account the legitimate interests of the transferees.

Article 13.41. Obligations Concerning Protection of Rights-Management Information

1. Each Party Shall Provide Adequate and Effective Legal Remedies Against Any Person Who Knowingly:

(a) without authorisation, removes or alters any electronic rights-management information; or

(b) distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights- management information has been removed or altered without authority.

2. For the purposes of this Article, the expression "rights-management information" means any information provided by a right holder that identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph 1 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter that is the object of protection under this Chapter.

Article 13.42. Collective Management

The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.

Section K. ENFORCEMENT

Article 13.43. General Obligation In Enforcement

1. The Parties shall provide in their respective laws for the enforcement of intellectual property rights consistent with the TRIPS Agreement, in particular Articles 41 through 61.

2. Without limiting paragraph 1, each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Article 13.44. Border Measures

1. Each Party shall, in conformity with its domestic law and regulations and the provisions of Part II, Section 4 of the TRIPS Agreement, adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, 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.

2. 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 Part II, Section 4 of the TRIPS Agreement 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 as per its domestic laws and regulation.

Chapter 14. TRADE AND SUSTAINABLE DEVELOPMENT

Article 14.1. Objectives

The objectives of this Chapter are to promote mutually supportive trade and sustainable development policies, including those focused on labour and environment; promote labour and environmental protection, including through enforcement of labour and environmental laws; and enhance cooperation between the Parties to address trade-related labour and environmental issues.

Article 14.2. Context

1. The Parties recognise Agenda 21 and the Rio Declaration on Environment and Development, adopted at Rio de Janeiro on 14 June 1992, the Johannesburg Plan of Implementation of the World Summit on Sustainable Development of 2002, the International Labour Organization Declaration on Social Justice for a Fair Globalization, adopted at Geneva on 10 June 2008 by the International Labour Conference at its 97th Session (hereinafter referred to as the "ILO Declaration on Social Justice for a Fair Globalization"), the Outcome Document of the United Nations Conference on Sustainable Development of 2012 entitled "The Future We Want" endorsed by United Nations General Assembly Resolution A/RES/66/288, adopted on 27 July 2012, and the United Nations Agenda "Transforming our world: the 2030 Agenda for Sustainable Development", adopted on 25 September 2015 by United Nations General Assembly Resolution A/RES/70/1 (hereinafter referred to as the "2030 Agenda for Sustainable Development") and its Sustainable Development Goals,

2. The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being interlinked and mutually reinforcing. The Parties recognise the importance of mutually supportive trade, labour, and environmental policies and practices to improve labour and environment protection in pursuance of sustainable development.

3. The Parties recognise the importance of promoting the development of international trade and investment in a way that contributes to the objectives of sustainable development.

4. The Parties recognise the importance of ensuring that the rights and economic interests of Indigenous Peoples, including Maori in the case of New Zealand, are appropriately integrated in, and are reinforced and not undermined by, international trade and investment policy and activity, including ensuring Indigenous perspectives, voices and effective participation are appropriately embedded in trade and investment activities.

5. The Parties recognise the sovereign right of each Party to establish, administer and enforce its environment and labour laws, regulations, policies and priorities, in a manner consistent with the rights and obligations in this Agreement.

6. The Parties recognise the importance of providing for and encouraging high levels of environmental and labour protection and continuing to improve their respective levels of environmental and labour protection.

Article 14.3. Multilateral Agreements

1. The Parties recognise the important role multilateral environmental agreements play in protecting the environment, including reducing biodiversity loss and addressing climate change, and the need to enhance the mutual supportiveness between trade and environmental laws and policies.

2. The Parties agree to cooperate on trade-related aspects of environmental policies and measures, bilaterally and in international fora, as appropriate, including in the United Nations Environment Programme, United Nations Environment Assembly, multilateral environmental agreements (MEAs), the Food and Agriculture Organization of the United Nations (FAO), and the WTO.

3. The Parties affirm their commitment to promote the development of international trade in a way that is conducive to decent work for all, as expressed in the ILO Declaration on Social Justice for a Fair Globalization.

4. Recalling the ILO Declaration on Social Justice for a Fair Globalization, and in accordance with their domestic laws and regulations, the Parties note that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes.

Article 14.4. General Provisions

1. The Parties recognise the importance of the effective enforcement of their environment and labour laws.

2. The Parties shall endeavour to ensure that environmental and labour laws or other environmental and labour measures are not used for protectionist trade purposes between the Parties.

3. The Parties shall endeavour to not seek to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental and labour laws.

Article 14.5. Labour Rights

1. The Parties, in accordance with their laws and regulations, and their obligations as members of the International Labour Organization and the Declaration on Fundamental Principles and Rights at Work, shall endeavour to adopt and maintain the principles concerning the fundamental rights at work.

2. Each Party shall adopt or maintain laws and regulations, and practices thereunder, governing decent working conditions. (1)

3. Each Party recognises the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour. The Parties agree to share information, experiences and good practices related to this matter.

4. Each Party shall encourage enterprises operating within its jurisdiction to adopt policies of responsible business conduct that contribute to achieving sustainable development in its labour dimension, and are consistent with internationally- recognised principles and guidelines that have been endorsed or are supported by that Party.

(1) As determined by each Party.

Article 14.6. Women's Economic Empowerment

1. The Parties recognise the importance of gender balance and the empowerment of all women in advancing sustainable and inclusive economic growth and development, including through women's participation in international trade and investment.

2. The Parties also recognise that gender-responsive policies and practices are important to advancing gender balance and the empowerment of all women. The Parties recognise the importance of adopting, maintaining and implementing gender balance and women's economic empowerment laws, regulations, policies and best practice, in line with the Sustainable Development Goal 5 of the UN 2030 Agenda for Sustainable Development. The Parties also recognise the importance of the Convention on the Elimination of all Forms of Discrimination Against Women, done at New York City on 18 December 1979, the Beijing Declaration and Platform for Action, Fourth World Conference on Women: Action for Equality, Development and Peace, adopted at Beijing on 15 September 1995, and the WTO Joint Declaration on Trade and Women's Economic Empowerment adopted at Buenos Aires on 12 December 2017.

3. Accordingly, each Party shall endeavour to:

(a) implement this Agreement in a manner that advances the full, equal and meaningful participation of women in the economy and in a manner that protects and promotes women's rights and economic well-being;

(b) foster women's entrepreneurship, including promoting women's access to the benefits and opportunities of this Agreement;

(c) promote the exchange of information and best practice related to the development and implementation of policies and programmes aimed at enhancing women's participation in economic activity, including international trade; and

(d) in the case of New Zealand, provide opportunities for wahine Maori (12) to engage in trade activities including with a Te Ao Maori (13) framework.

4. The Parties recognise the importance of women's economic empowerment as part of the Parties'™ trade and investment relationship. Accordingly, the Parties emphasise their intention to implement the provisions of this Agreement in a manner that upholds this principle and encourage inclusive participation of women in the implementation of the cooperation activities established under this Article, as appropriate.

(2) The term "wahine Maori" refers to Indigenous women of New Zealand.
(3) "Te Ao Maori" refers to the Maori world view based on a holistic approach to life.

Article 14.7. Climate Change

1. The Parties recognise the importance of achieving the objectives of the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992 and the Paris Agreement under the United Nations Framework Convention on Climate Change, done at Paris on 12 December 2015, in order to address the urgent threat of climate change, and the role of trade and investment in pursuing this objective, and agree to cooperate to address climate change. The Parties further recognise the importance of sharing knowledge, information, good practices and expertise that supports understanding and addressing the challenges of transition to net-zero greenhouse gas emissions and climate resilient economies.

2. The Parties also recognise the importance of removing obstacles to trade and investment in goods and services which are particularly relevant to climate change mitigation and adaptation, and which can enhance the mutual supportiveness of trade, investment and climate policies and measures.

3. The Parties recognise the important and unique connection Indigenous Peoples have to the environment and their right to maintain, control, protect and develop their systems of knowledge, cultural expressions, practices and values. The Parties also recognise the valuable contribution Indigenous histories, knowledge and knowledge systems, cultures and practices can make towards sustainable trade and investment, including solutions to climate change.

4. The Parties further recognise the role of market-based solutions to mitigate and adapt to climate change and the role of policies, programs and innovation to achieve climate goals. Accordingly, the Parties agree to promote:

(a) carbon markets as an effective policy tool for reducing greenhouse gas emissions efficiently, both domestically and internationally, whether those carbon markets are voluntary or compliance-based;

(b) environmental credibility in the development of international carbon markets;

(c) the role of nature-based solutions in addressing climate change;

(d) policies and repurposing public support which support the achievement of climate goals, including policies regarding food systems and agriculture; and

(e) knowledge and evidence-based innovations, including local and Indigenous knowledge, especially technological innovations, to support solutions to climate change, including sustainable agriculture production.

5. The Parties agree to cooperate bilaterally and in international fora, including at the WTO and the United Nations and on international environmental conventions, to:

(a) address matters of mutual interest with respect to trade-related aspects of climate change policies and measures; and

(b) mitigate and adapt to climate change including through:

i) implementation of the Paris Agreement;

ii) international trade-related aspects of effective action against climate change; and

iii) contributing to a reduction in greenhouse gas emissions and increased climate resilience.

Article 14.8. Sustainable Natural Resources

1. The Parties recognise the ecosystems most vulnerable to climate change exist within water, coastal, marine, agricultural, forestry and dryland areas. The Parties recognise the effects of climate change on these ecosystems which will impact food security and public health, The Parties further recognise their international commitments, including Sustainable Development Goals 2, 12, 14, and 15 of the 2030 Agenda. The Parties further acknowledge the importance, and positive role, of the multilateral trading system and WTO in encouraging sustainable use of resources, sustainable ecosystems, sustainability of services and sustainable long-term growth.

2. The Parties reaffirm their shared ambition for the WTO to advance international cooperation efforts on the WTO Agreement on Agriculture and the WTO Agreement on Fisheries Subsidies. The Parties agree to cooperate in international fora to secure a sustainable future.

3. The Parties recognise the harmful environmental consequences that subsidies across all sectors can have, including by encouraging unsustainable forms of production. The Parties reaffirm their rights and obligations under the SCM Agreement and Agreement on Agriculture.

4. The Parties also recognise the importance of cooperating to understand the implications, operations, and future direction of environmentally harmful subsidies. The Parties also recognise the importance of seeking ways to encourage dialogue, and cooperate bilaterally and in international fora to address environmental harm resulting from subsidies and explore options for reform. The Parties further recognise the importance of providing financial support to policies and practices that support environmental outcomes, for example through research and development funding or through repurposing financial support provided through subsidies.

Article 14.9. Sustainable Agriculture

1. The Parties recognise the importance of strengthening policies and defining programmes that contribute to the development of sustainable, inclusive, healthy and resilient food systems.

2. Accordingly, the Parties recognise the following principles:

(a) furthering sustainable agriculture and associated public investment;

(b) encouraging innovation and implementing research and development in sustainable agriculture and food systems to increase resilience to climate change;

(c) promoting practices and policies that assist agricultural production to mitigate and adapt to climate change;

(d) highlighting the positive role the multilateral trading system can play in finding solutions and promoting sustainable agriculture;

(e) basing approaches in risk- and science-based decision-making, and recognising Indigenous values, practices and knowledge;

(f) avoiding unduly prescriptive measures and compliance costs when implementing sustainability measures;

(g) avoiding policies that undermine global food security; and

(h) sharing internationally recognised best practice for sustainable agriculture production, while emphasising that this be evidence-based and transparent, in order to protect the sustainability of agricultural production.

3. The Parties agree to identify implementing opportunities for the COP28 Declaration on Sustainable Agriculture and Food Systems, specifically focusing on ensuring sustainable production through science and evidence-based innovation and scaling up investment related to agriculture and food systems for the purpose of promoting sustainable agriculture, resilient food systems and climate action.

Article 14.10. Sustainable Fisheries

1. The Parties recognise the importance of conserving and sustainably managing marine fisheries as well as promoting responsible and sustainable aquaculture, and the role of trade in pursuing these objectives.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Regional and Local Government 1
  • Article   1.5 Confidential Information 1
  • Article   1.6 Disclosure of Information 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination of Customs Duties 1
  • Article   2.5 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.6 Classification of Goods 1
  • Article   2.7 Transposition of Schedules of Tariff Commitments 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import Licensing Procedures 1
  • Article   2.10 Customs Valuation 1
  • Article   2.11 Export Subsidies 1
  • Article   2.13 Administrative Fees and Formalities 1
  • Article   2.14 Technical Consultations 1
  • Article   2.15 State Trading Enterprises 1
  • Article   2.16 Temporary Admission of Goods 1
  • Article   2.17 Goods Re-Entered after Repair or Alteration 1
  • Article   2.18 Goods Re-Entered after Repair or Alteration Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials (3) 2
  • Article   2.19 Exchange of Data 2
  • Article   2.20 Sub-Committee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Section   A ORIGIN DETERMINATION 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Regional Value Content 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Accumulation 2
  • Article   3.7 Tolerance 2
  • Article   3.8 Insufficient Working or Processing 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Unit of Qualification 2
  • Article   3.13 Packaging Materials and Containers for Transportation and Shipment 2
  • Article   3.14 Fungible Goods and Materials 2
  • Article   3.15 Sets of Goods 2
  • Section   B TERRITORIALITY AND TRANSIT 2
  • Article   3.16 Principle of Territoriality 2
  • Article   3.17 Non-alteration 3
  • Article   3.18 Free Economic Zones or Free Zones 3
  • Article   3.19 Third Party Invoicing 3
  • Section   C ORIGIN CERTIFICATION 3
  • Article   3.20 Proof of Origin 3
  • Article   3.21 Certificate of Origin In Paper Format 3
  • Article   3.22 Electronic Data Origin Exchange System 3
  • Article   3.23 Origin Declaration by Approved Exporter 3
  • Article   3.24 Application and Examination of Application for a Certificate of Origin 3
  • Article   3.25 Certificate of Origin Issued Retrospectively 3
  • Article   3.26 Loss of the Certificate of Origin 3
  • Article   3.27 Importation by Installments 3
  • Article   3.28 Treatment of Erroneous Declaration In the Certificate of Origin 3
  • Article   3.29 Minor Errors and Discrepancies 3
  • Section   D SECTION D COOPERATION AND ORIGIN VERIFICATION 3
  • Article   3.30 Claims for Preferential Tariff Treatment 3
  • Article   3.31 Denial of Preferential Tariff Treatment 3
  • Article   3.32 Verification of Origin 3
  • Article   3.33 Record Keeping Requirement 3
  • Article   3.34 Confidentiality 3
  • Article   3.35 Contact Points 3
  • Article   3.36 Exchange of Official Stamps and Signatures 3
  • Article   3.37 Transitional Provisions for Goods In Transit 3
  • Section   E CONSULTATION AND MODIFICATIONS 3
  • Article   3.38 Rules of Origin and Customs and Trade Facilitation Sub-Committee 3
  • Article   3.39 Consultation and Modifications 3
  • Article   3.40 Transposition of Product-Specific Rules 4
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 Definitions 4
  • Article   4.2 Objectives 4
  • Article   4.3 Scope 4
  • Article   4.4 General Provisions 4
  • Article   4.5 Publication and Availability of Information 4
  • Article   4.6 Risk Management 4
  • Article   4.7 Paperless Communications 4
  • Article   4.8 Single Window 4
  • Article   4.9 Advance Rulings 4
  • Article   4.10 Penalties 4
  • Article   4.11 Release of Goods 4
  • Article   4.12 Express Shipments 4
  • Article   4.13 Perishable Goods 4
  • Article   4.14 Authorised Economic Operators 4
  • Article   4.15 Border Agency Cooperation 4
  • Article   4.16 Appeal and Review 4
  • Article   4.17 Customs Cooperation 4
  • Article   4.18 Rules of Origin and Customs and Trade Facilitation Sub-Committee 4
  • Chapter   5 TRADE REMEDIES 4
  • Article   5.1 Scope 4
  • Article   5.2 Anti-Dumping and Countervailing Measures 4
  • Article   5.3 Global Safeguard Measures 4
  • Article   5.4 Contact Points and Cooperation 5
  • Article   5.5 Dispute Settlement 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope 5
  • Article   6.4 General Provisions 5
  • Article   6.5 Contact Points and Competent Authorities 5
  • Article   6.6 Equivalence 5
  • Article   6.7 Adaptation to Regional Conditions, Including Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   6.8 Emergency Measures 5
  • Article   6.9 Transparency and Exchange of Information 5
  • Article   6.10 Technical Consultations 5
  • Article   6.11 Cooperation 5
  • Article   6.12 Sanitary MOU and Sanitary and Phytosanitary MOU 5
  • Article   6.13 Sanitary and Phytosanitary Measures Sub-Committee 5
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 5
  • Article   7.1 Definitions 5
  • Article   7.2 Objectives 5
  • Article   7.3 Scope 5
  • Article   7.4 Affirmation of the TBT Agreement 5
  • Article   7.5 International Standards 5
  • Article   7.6 Technical Regulations 5
  • Article   7.7 Conformity Assessment Procedures 5
  • Article   7.8 Cooperation 5
  • Article   7.9 Transparency 6
  • Article   7.10 Contact Points 6
  • Article   7.11 Information Exchange and Technical Discussions 6
  • Article   7.12 Halal 6
  • Chapter   8 INVESTMENT FACILITATION 6
  • Article   8.1 UAE - New Zealand Investment Agreement 6
  • Article   8.2 Promotion of Investment 6
  • Article   8.3 Facilitation of Investment 6
  • Article   8.4 Investment and the Environment 6
  • Article   8.5 Dispute Settlement 6
  • Chapter   9 TRADE IN SERVICES 6
  • Article   9.1 Definitions 6
  • Article   9.2 Scope and Coverage 6
  • Article   9.3 Schedules of Specific Commitments 6
  • Article   9.4 Most-Favoured Nation Treatment 6
  • Article   9.5 Market Access 6
  • Article   9.6 National Treatment 6
  • Article   9.7 Additional Commitments 6
  • Article   9.8 Modification of Schedules 6
  • Article   9.9 Domestic Regulation 7
  • Article   9.10 Recognition 7
  • Article   9.11 Payments and Transfers 7
  • Article   9.12 Monopolies and Exclusive Service Suppliers 7
  • Article   9.13 Business Practices 7
  • Article   9.14 Denial of Benefits 7
  • Article   9.15 Review 7
  • Article   9.16 Annexes 7
  • ANNEX 9-A  FINANCIAL SERVICES 7
  • ANNEX 9-C   NEW ZEALAND - SCHEDULE OF SPECIFIC COMMENTS 7
  • ANNEX 9-D   UNITED ARAB EMIRATES – SCHEDULE OF SPECIFIC COMMITMENTS 8
  • ANNEX 9-E   UAE MOST-FAVOURED-NATION TREATMENT SECTORAL COVERAGE ANNEX 8
  • Chapter   10 DIGITAL TRADE 8
  • Article   10.1 Definitions 8
  • Article   10.2 Objectives 8
  • Article   10.3 General Provisions 8
  • Article   10.4 Customs Duties 8
  • Article   10.5 Non-Discriminatory Treatment of Digital Products 8
  • Article   10.6 Information and Communication Technology That Uses Cryptography 8
  • Article   10.7 Domestic Electronic Transactions Framework 9
  • Article   10.8 Authentication 9
  • Article   10.9 Paperless Trading 9
  • Article   10.10 Online Consumer Protection 9
  • Article   10.11 Personal Data Protection 9
  • Article   10.12 Principles on Access to and Use of the Internet for Digital Trade 9
  • Article   10.13 Unsolicited Commercial Electronic Messages 9
  • Article   10.14 Cross-Border Flow of Information 9
  • Article   10.15 Location of Computing Facilities 9
  • Article   10.16 Open Data 9
  • Article   10.17 Digital Government 9
  • Article   10.18 Digital and Electronic Invoicing 9
  • Article   10.19 Electronic Payments 9
  • Article   10.20 Digital Identities 9
  • Article   10.21 Cooperation 9
  • Article   10.22 Digital Inclusion 10
  • Chapter   11 GOVERNMENT PROCUREMENT 10
  • Article   11.1 General 10
  • Article   11.2 Definitions 10
  • Article   11.3 Scope 10
  • Article   11.4 Exceptions 10
  • Article   11.5 General Principles 10
  • Article   11.6 Publication of Procurement Information 10
  • Article   11.7 Notice of Procurement 10
  • Article   11.8 Conditions for Participation 10
  • Article   11.9 Qualification of Suppliers 10
  • Article   11.10 Limited Tendering 11
  • Article   11.11 Negotiations 11
  • Article   11.12 Technical Specifications 11
  • Article   11.13 Tender Documentation 11
  • Article   11.14 Time Periods 11
  • Article   11.15 Treatment of Tenders and Awarding of Contracts 11
  • Article   11.16 Transparency and Post-Award InformationInformation Provided to Suppliers 11
  • Article   11.17 Disclosure of Information 11
  • Article   11.18 Ensuring Integrity In Procurement Practices 11
  • Article   11.19 Domestic Review 11
  • Article   11.20 Modifications and Rectifications of Annex 11
  • Article   11.21 Facilitation of Participation by SMEs 11
  • Article   11.22 Financial Obligations 11
  • Article   11.23 Language 11
  • Chapter   12 COMPETITION 12
  • Article   12.1 Objective 12
  • Article   12.2 Competition Authorities 12
  • Article   12.3 General Provisions 12
  • Article   12.4 Competition Laws and Authorities 12
  • Article   12.5 Procedural Fairness 12
  • Article   12.6 Cooperation 12
  • Article   12.7 Disclosure of Information 12
  • Article   12.8 Consultation 12
  • Article   12.9 Dispute Settlement 12
  • Chapter   13 INTELLECTUAL PROPERTY 12
  • Section   A GENERAL PROVISIONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Principles 12
  • Article   13.4 Nature and Scope of Obligations 12
  • Article   13.5 International Agreements 12
  • Article   13.6 Intellectual Property and Public Health 12
  • Article   13.7 National Treatment 12
  • Article   13.8 Transparency 12
  • Article   13.9 Application of Chapter to Existing Subject Matter and Prior Acts 12
  • Article   13.10 Exhaustion of Intellectual Property Rights 12
  • Section   B COOPERATION 12
  • Article   13.11 Cooperation Activities and Initiatives 12
  • Section   C TRADEMARKS 12
  • Article   13.12 Types of Signs Registrable as Trademarks 12
  • Article   13.13 Collective and Certification Marks 12
  • Article   13.14 Use of Identical or Similar Signs 12
  • Article   13.15 Exceptions 12
  • Article   13.16 Well-Known Trademarks 12
  • Article   13.17 Procedural Aspects of Examination, Opposition and Cancellation 12
  • Article   13.18 Electronic Trademarks System 12
  • Article   13.19 Classification of Goods and Services 12
  • Article   13.20 Term of Protection for Trademarks 12
  • Article   13.21 Non-Recordal of a License 12
  • Section   D DOMAIN NAMES 12
  • Article   13.22 Domain Names 12
  • Section   E COUNTRY NAMES 12
  • Article   13.23 Country Names 12
  • Section   F GEOGRAPHICAL INDICATIONS 12
  • Article   13.24 Protection of Geographical Indications (7) 12
  • Article   13.25 Administrative Procedures for the Protection or Recognition of Geographical Indications 12
  • Article   13.26 Date of Protection of a Geographical Indication 12
  • Section   G PATENTS 13
  • Article   13.27 Grace Period 13
  • Article   13.28 Procedural Aspects of Examination, Opposition, Cancellation and Invalidation 13
  • Article   13.29 Amendments, Corrections, and Observations 13
  • Article   13.30 Exceptions 13
  • Section   H INDUSTRIAL DESIGNS 13
  • Article   13.31 Procedural Aspects of Examination, Opposition, Cancellation and Invalidation 13
  • Article   13.32 Amendments, Corrections, and Observations 13
  • Article   13.33 Industrial Design Protection 13
  • Article   13.34 Exceptions 13
  • Section   I GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS 13
  • Article   13.35 Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions 13
  • Section   J COPYRIGHT AND RELATED RIGHTS 13
  • Article   13.36 General Provision 13
  • Article   13.37 Term of Protection for Copyright and Related Rights 13
  • Article   13.38 Limitations and Exceptions 13
  • Article   13.39 Balance In Copyright and Related Rights Systems 13
  • Article   13.40 Contractual Transfers 13
  • Article   13.41 Obligations Concerning Protection of Rights-Management Information 13
  • Article   13.42 Collective Management 13
  • Section   K ENFORCEMENT 13
  • Article   13.43 General Obligation In Enforcement 13
  • Article   13.44 Border Measures 13
  • Chapter   14 TRADE AND SUSTAINABLE DEVELOPMENT 13
  • Article   14.1 Objectives 13
  • Article   14.2 Context 13
  • Article   14.3 Multilateral Agreements 13
  • Article   14.4 General Provisions 13
  • Article   14.5 Labour Rights 13
  • Article   14.6 Women's Economic Empowerment 13
  • Article   14.7 Climate Change 13
  • Article   14.8 Sustainable Natural Resources 13
  • Article   14.9 Sustainable Agriculture 13
  • Article   14.10 Sustainable Fisheries 13
  • Article   14.11 Sustainable Forestry 14
  • Article   14.12 Resource Efficient and Circular Economy 14
  • Article   14.13 Environmental Goods and Services 14
  • Article   14.14 Eco-labelling 14
  • Article   14.15 Conservation of Biological Diversity 14
  • Article   14.16 Cooperation 14
  • Article   14.17 Contact Points 14
  • Article   14.18 Consultations 14
  • Article   14.19 Dispute Settlement 14
  • Chapter   15 INDIGENOUS PEOPLES ECONOMIC AND TRADE COOPERATION 14
  • Article   15.1 Definitions 14
  • Article   15.2 Objective and Principles 14
  • Article   15.3 Provisions Across the Agreement 14
  • Article   15.4 Cooperation Activities 14
  • Article   15.5 Contact Points 14
  • Article   15.6 Dispute Settlement 14
  • Chapter   16 SMALL AND MEDIUM-SIZED ENTERPRISES 14
  • Article   16.1 General Principles 14
  • Article   16.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 14
  • Article   16.3 Information Sharing 14
  • Article   16.4 Contact Points 14
  • Article   16.5 Dispute Settlement 14
  • Chapter   17 ECONOMIC COOPERATION 14
  • Article   17.1 Objectives 14
  • Article   17.2 Scope 15
  • Article   17.3 Global Supply Chains 15
  • Article   17.4 Priorities and Resources 15
  • Article   175 Cooperative Framework 15
  • Article   17.6 Means of Cooperation 15
  • Article   17.7 Contact Points 15
  • Article   17.8 Dispute Settlement 15
  • Chapter   18 TRANSPARENCY 15
  • Article   18.1 Publication 15
  • Article   18.2 Provision of Information 15
  • Article   18.3 Administrative Proceedings 15
  • Article   18.4 Review and Appeal 15
  • Article   18.5 WTO Transparency Commitments 15
  • Chapter   19 ADMINISTRATION OF THE AGREEMENT 15
  • Article   19.1 Establishment of the Joint Committee 15
  • Article   19.2 Meetings of the Joint Committee 15
  • Article   19.3 Functions of the Joint Committee 15
  • Article   19.4 Establishment of Sub-Committees 15
  • Article   19 Communications 15
  • Article   19.6 General Review 15
  • Chapter   20 DISPUTE SETTLEMENT 15
  • Article   20.1 Objective 15
  • Article   20.2 Cooperation 15
  • Article   20.3 Scope of Application 15
  • Article   20.4 Contact Point 15
  • Article   20.5 Consultations 15
  • Article   20.6 Good Offices, Conciliation or Mediation 15
  • Article   20.7 Establishment of a Panel 15
  • Article   20.8 Composition of a Panel 15
  • Article   20.9 Decision on Urgency 16
  • Article   20.10 Requirements for Panellists 16
  • Article   20.11 Replacement of Panellists 16
  • Article   20.12 Functions of the Panel the Panel: 16
  • Article   20.13 Terms of Reference 16
  • Article   20.14 Rules of Interpretation 16
  • Article   20.15 Procedures of the Panel 16
  • Article   20.16 Receipt of Information 16
  • Article   20.17 Interim Report 16
  • Article   20.18 Final Report 16
  • Article   20.19 Implementation of the Final Report 16
  • Article   20.20 Reasonable Period of Time for Compliance 16
  • Article   20.21 Compliance Review 16
  • Article   20.22 Temporary Remedies In Case of Non-Compliance 16
  • Article   20.23 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 16
  • Article   20.24 Suspension and Termination of Proceedings 16
  • Article   20.25 Choice of Forum 16
  • Article   20.26 Remuneration and Expenses 16
  • Article   20.27 Mutually Agreed Solution 16
  • Article   20.28 Time Periods 16
  • Article   20.29 Annexes 16
  • ANNEX 20-A  RULES OF PROCEDURE FOR THE PANEL 16
  • ANNEX 20-B  CODE OF CONDUCT FOR PANELLISTS AND OTHERS ENGAGED IN DISPUTE SETTLEMENT PROCEEDINGS UNDER THIS AGREEMENT (1) 17
  • Chapter   21 EXCEPTIONS 17
  • Article   21.1 General Exceptions 17
  • Article   21.2 Security Exceptions 17
  • Article   21.3 Taxation 17
  • Article   21.4 Tiriti O Waitangi / Treaty of Waitangi 17
  • Article   21.5 Restrictions to Safeguard the Balance of Payments 17
  • Chapter   22 FINAL PROVISIONS 17
  • Article   22.1 Annexes, Side Letters, and Footnotes 17
  • Article   22.2 Amendments 17
  • Article   22.3 Accession 17
  • Article   22.4 Termination 17
  • Article   22.5 Entry Into Force 17
  • Article   22.6 Authentic Texts 17