Australia - United Kingdom FTA (2021)
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(f) encourage development by the private sector of methods of self-regulation that foster digital trade, including codes of conduct, model contracts, guidelines, and compliance mechanisms;

(g) collaborate to improve opportunities for each Party's RegTech enterprises, including through their respective trade promotion agencies and regulators, and in relevant international fora; and

(h) facilitate participation by women in digital trade, acknowledging the objectives in Chapter 24 (Trade and Gender Equality).

Chapter 15. INTELLECTUAL PROPERTY

Section A. General Provisions

Article 15.1. Definitions

1. For the purposes of this Chapter:

"Berne Convention" means the Berne Convention for the Protection of Literary and Artistic Works, done at Berne on 9 September 1886, as revised at Paris on 24 July 1971 and amended on 28 September 1979;

"broadcasting" means the transmission by wire or wireless means, including by satellite, for public reception of sounds or of images and sounds or of the representations thereof, and including transmission of encrypted signals if the means for decrypting are provided to the public by the transmitting broadcasting organisation or with its consent, and "broadcast" shall be construed accordingly;

"Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), done at Budapest on 28 April 1977, as amended on 26 September 1980;

"Declaration on TRIPS and Public Health" means the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2), adopted on 14 November 2001;

"fixation" means the embodiment of sounds or moving images or representations thereof, in each case, from which they can be perceived, reproduced or communicated through a device;

"Hague Agreement" means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on 2 July 1999;

"intellectual property" refers to all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the TRIPS Agreement;

"Locarno Agreement" means the Locarno Agreement Establishing an International Classification for Industrial Designs, done at Locarno on 8 October 1968, as amended on 28 September 1979;

"Madrid Protocol" means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, done at Madrid on 27 June 1989;

"Marrakesh Treaty" means the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, done at Marrakesh on 27 June 2013;

"Nice Agreement" means the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice on 15 June 1957;

"Paris Convention" means the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883 as revised at Stockholm on 14 July 1967;

"PCT" means the Patent Cooperation Treaty, done at Washington on 19 June 1970, as amended on 28 September 1979, and modified on 3 February 1984 and on 3 October 2001;

"performers" means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore, and "performances" shall be construed accordingly;

"phonogram" means the fixation of the sounds of a performance or of other sounds other than in the form of a fixation incorporated in a cinematographic or other audio- visual work;

"PLT" means the Patent Law Treaty adopted by the WIPO Diplomatic Conference, done at Geneva on 1 June 2000;

"producer of a phonogram" means a person that takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;

"rights management information" means:

(a) information that identifies a work, performance, or phonogram, the author, performer of the performance, the producer of a phonogram, or any other right holder with respect to the work, performance, or phonogram;

(b) information about the terms and conditions of use of the work, performance, or phonogram; or

(c) any numbers or codes that represent the information described in subparagraphs (a) and (b),

when any of these items of information is attached to a copy of the work, performance or phonogram, or appears in connection with the communication or making available of a work, performance, or phonogram to the public;

with respect to copyright and related rights, "right to authorise or prohibit" refers to exclusive rights;

"Rome Convention" means the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961;

"Singapore Treaty" means the Singapore Treaty on the Law of Trademarks, done at Singapore on 27 March 2006;

"TIPRIC" means the Treaty on Intellectual Property in Respect of Integrated Circuits, adopted at Washington on 26 May 1989;

"trade secret" means information that:

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(b) has commercial value because it is secret; and

(c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret;

"trade secret holder" means any person lawfully in control of a trade secret;

"UPOV 1991" means the International Convention for the Protection of New Varieties of Plants, done at Paris on 2 December 1961, as revised at Geneva on 19 March 1991;

"WCT" means the WIPO Copyright Treaty, done at Geneva on 20 December 1996;

"WIPO" means the World Intellectual Property Organization;

for greater certainty, "work" includes a cinematographic work, photographic work, and computer program; and

"WPPT" means the WIPO Performances and Phonograms Treaty, done at Geneva on 20 December 1996.

2. For the purposes of Article 15.8 (National Treatment) and Article 15.31 (Procedures for the Recognition and Protection of Geographical Indications):

"a national" means, in respect of the relevant right, a person of a Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 15.7 (International Agreements) or the TRIPS Agreement.

Article 15.2. Objectives

The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Article 15.3. Principles

1. A Party may, in formulating or amending its laws and regulations, adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development, provided that those measures are consistent with the provisions of this Chapter.

2. Appropriate measures, provided that they are consistent with the provisions of this Chapter, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.

Article 15.4. Understandings In Respect of this Chapter

Having regard to the underlying public policy objectives of national systems, the Parties recognise the need to:

(a) promote innovation and creativity;

(b) facilitate the diffusion of information, knowledge, technology, culture, and the arts; and

(c) foster competition and open and efficient markets, through their respective intellectual property systems, while respecting the principles of transparency and due process, and taking into account the

interests of relevant stakeholders, including right holders, service providers, users, and the general public.

Article 15.5. Nature and Scope of Obligations

1. The Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement.

2. The Parties recognise the importance of adequate, effective and balanced protection and enforcement of intellectual property rights, while ensuring that measures to enforce intellectual property rights do not themselves become barriers to legitimate trade.

3. Each Party shall give effect to this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, or enforcement of, intellectual property rights under its law than is required by this Chapter, provided that such protection or enforcement does not contravene this Chapter. Each Party shall be free to determine the appropriate method of implementing this Chapter within its own legal system and practice.

Article 15.6. Understandings Regarding Certain Public Health Measures

1. The Parties affirm the Declaration on TRIPS and Public Health. In particular, the Parties have reached the following understandings regarding this Chapter:

(a) the Parties affirm the right to fully use the flexibilities as duly recognised in the Declaration on TRIPS and Public Health;

(b) the Parties agree that this Chapter does not and should not prevent a Party from taking measures to protect public health; and

(c) the Parties affirm that this Chapter can and should be interpreted and implemented in a manner supportive of each Party's right to protect public health and, in particular, to promote access to medicines for all.

2. In recognition of the Parties' commitment to access to medicines and public health, this Chapter does not and should not prevent the effective utilisation of Article 31bis of the TRIPS Agreement, and the Annex and Appendix to the Annex to the TRIPS Agreement.

3. The Parties recognise the importance of contributing to the international efforts to implement Article 31bis of the TRIPS Agreement, and the Annex and Appendix to the Annex to the TRIPS Agreement.

Article 15.7. International Agreements

Each Party affirms that it has ratified or acceded to the following agreements:

(a) TRIPS Agreement;

(b) Paris Convention;

(c) Berne Convention;

(d) Rome Convention;

(e) WCT;

(f) WPPT;

(g) Marrakesh Treaty;

(h) Madrid Protocol;

(i) Nice Agreement;

(j) Singapore Treaty;

(k) Budapest Treaty;

(l) UPOV 1991;

(m) PCT; and

(n) PLT.

Article 15.8. National Treatment

1. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection (1) of intellectual property rights subject to the exceptions already provided for in, respectively, the Paris Convention, the Berne Convention, the Rome Convention, the WPPT, and the TIPRIC. In respect of performers, producers of phonograms and broadcasting organisations, this obligation only applies in respect of the rights provided under this Agreement.

2. A Party may derogate from paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that this derogation is:

(a) necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter; and

(b) not applied in a manner that would constitute a disguised restriction on trade.

3. Paragraph 1 does not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.

(1) For the purposes of this paragraph, "protection" shall include matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as matters affecting the use of intellectual property rights specifically covered by this Chapter.

Article 15.9. Transparency

1. Each Party shall endeavour to publish online its laws, regulations, procedures, and administrative rulings of general application concerning the protection and enforcement of intellectual property rights.

2. Each Party shall, subject to its law, endeavour to publish online information that it makes public concerning applications for trade marks, geographical indications, registered designs, patents, and plant variety rights. (2) (3)

3. Each Party shall, subject to its law, publish online information that it makes public concerning registered or granted trade marks, geographical indications, designs, patents, and plant variety rights, sufficient to enable the public to become acquainted with those registered or granted rights.(4)

(2) For greater certainty, paragraphs 2 and 3 are without prejudice to a Party's obligations under Article 15.27 (Electronic Trade Marks Systems).
(3) For greater certainty, paragraph 2 does not require a Party to publish online the entire dossier for the relevant application.
(4) For greater certainty, paragraph 3 does not require a Party to publish online the entire dossier for the relevant registered or granted intellectual property right.

Article 15.10. Application of Chapter to Existing Subject Matter and Prior Acts

1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement and that is protected on that date in the territory of a Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.

2. Unless otherwise provided in this Chapter, a Party shall not be required to restore protection to subject matter that on the date of entry into force of this Agreement has fallen into the public domain in its territory.

3. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement.

Article 15.11. Exhaustion of Intellectual Property Rights

Nothing in this Agreement prevents a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.

Article 15.12. Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

The Parties affirm their commitment to work together through discussion and by the exchange of information at the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

Section B. Cooperation

Article 15.13. Contact Points for Cooperation

Each Party may designate and notify the other Party of one or more contact points for the purpose of cooperation under this Section.

Article 15.14. Cooperation

The Parties shall endeavour to cooperate on the subject matter covered by this Chapter, including through appropriate coordination, and exchange of information between the relevant agencies of the Parties. The areas of cooperation may include:

(a) the establishment of arrangements between each Party's respective collecting societies;

(b) engagement with SMEs regarding the use, protection and enforcement of intellectual property rights which may include public-private engagement with SMEs;

(c) education and awareness relating to the protection and enforcement of intellectual property rights;

(d) cooperation on aspects of intellectual property policy and law with the aim of supporting the development and deployment of environmental and low-emissions technologies, clean and renewable energy and enabling infrastructure, and energy-efficient goods and services;

(e) best practices, projects, and programmes aimed at reducing intellectual property rights infringement, including:

(i) coordination to prevent exports of counterfeit goods, including with other countries;

(ii) sharing of experience of intellectual property rights enforcement between customs, law enforcement and judicial bodies;

(iii) public education and awareness activities on the impact of intellectual property infringement; and

(iv) voluntary stakeholder initiatives to reduce intellectual property infringement, including over the internet; and

(f) activities for improving the international intellectual property regulatory framework.

Article 15.15. Committee on Intellectual Property Rights

1. The Parties hereby establish a Committee on Intellectual Property Rights ("IPR Committee"), composed of government representatives of each Party.

2. The IPR Committee shall consider matters relating to the implementation and operation of this Chapter, including consultations and reviews under Articles 15.32 (System and Standard of Protection for Geographical Indications), 15.33 (Protection of Geographical Indications), and 15.34 (Consultations on Geographical Indications).

3. The IPR Committee shall:

(a) exchange information, pertaining to intellectual property rights matters, including how intellectual property protection contributes to innovation, creativity, economic growth, and employment, and this may include information relating to:

(i) developments in domestic and international intellectual property law and policy;

(ii) economic benefits related to trade and other analysis of the contributions arising from the protection and enforcement of intellectual property rights;

(iii) intellectual property issues particularly relevant to SMEs including affordable and accessible justice; science, technology, and innovation activities; and to the generation, transfer, and dissemination of technology;

(iv) approaches for reducing the infringement of intellectual property rights, as well as effective strategies for removing the underlying incentives for infringement; and

(v) implementation of multilateral intellectual property agreements, such as those concluded or administered under the auspices of WIPO;

(b) promote collaborative operations in customs and exchange of best practices;

(c) report its findings and the outcomes of its discussions to the Joint Committee; and

(d) carry out other functions as may be delegated by the Joint Committee.

4. The IPR Committee shall, in relation to geographical indications:

(a) enter into consultations and conduct reviews pursuant to Articles 15.32 (System and Standard of Protection for Geographical Indications), 15.33 (Protection of Geographical Indications), and 15.34 (Consultations on Geographical Indications);

(b) report the outcomes of those consultations and reviews to the Joint Committee;

(c) monitor the implementation of amendments to this Agreement, pursuant to Section D (Geographical Indications); and

(d) provide a forum for coordination and exchange of views on issues related to Section D (Geographical Indications).

5. The IPR Committee shall meet as necessary to carry out its functions pursuant to Articles 15.32 (System and Standard of Protection for Geographical Indications), 15.33 (Protection of Geographical Indications), and 15.34 (Consultations on Geographical Indications); and otherwise shall meet within one year after the date of entry into force of this Agreement and thereafter as agreed by the Parties.

Article 15.16. Patent Cooperation and Work Sharing

1. The Parties recognise the importance of improving the quality and efficiency of their respective patent registration systems as well as simplifying and streamlining the procedures and processes of their respective patent offices to the benefit of all users of the patent system and the public as a whole.

2. Further to paragraph 1, the Parties shall endeavour to cooperate between their respective patent offices to facilitate the sharing and use of search and examination work of the Parties. This may include:

(a) making search and examination results available to the patent office of the other Party (5); and

(b) exchanging information on quality assurance systems and quality standards relating to patent examination.

3. In order to reduce the complexity and cost of obtaining the grant of a patent, the Parties shall endeavour to cooperate to reduce differences in the procedures and processes of their respective patent offices.

(5) The Parties recognise the importance of multilateral efforts to promote the sharing and use of search and examination results with a view to improving the quality of search and examination processes and to reducing the costs for both applicants and patent offices.

Article 15.17. Public Domain

The Parties recognise the importance of a rich and accessible public domain.

Article 15.18. Cooperation In the Area of Traditional Knowledge Associated with Genetic Resources

1. The Parties shall endeavour to cooperate through their respective agencies responsible for intellectual property, or other relevant institutions, to enhance the understanding of issues connected with traditional knowledge associated with genetic resources, and genetic resources.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Laws and Regulations and Their Amendments 1
  • Article   1.4 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Treatment of Customs Duties 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Application of Non-Tariff Measures 1
  • Article   2.8 Technical Consultations on Non-Tariff Measures 1
  • Article   2.9 Import and Export Restrictions 2
  • Article   2.10 Import Licensing 2
  • Article   2.11 Administrative Fees and Formalities 2
  • Article   2.12 Export Duties, Taxes or other Charges 2
  • Article   2.13 Export Subsidies 2
  • Article   2.14 Export Licensing 2
  • Article   2.15 Remanufactured Goods 2
  • Article   2.16 Committee on Trade In Goods 2
  • Chapter   3 TRADE REMEDIES 2
  • Section   A General Provisions 2
  • Article   3.1 Definitions 2
  • Section   B Anti-dumping and Countervailing Measures 2
  • Article   3.2 General Provision 2
  • Article   3.3 Investigations 2
  • Article   3.4 Lesser-duty Rule 2
  • Section   C Global Safeguard Measures 2
  • Article   3.5 General Provisions and Transparency 2
  • Section   D Bilateral Safeguard Measures 2
  • Article   3.6 Application of a Bilateral Safeguard Measure 2
  • Article   3.7 Duration and Scope 2
  • Article   3.8 Investigation Procedure 2
  • Article   3.9 Notification and Consultation 2
  • Article   3.10 Provisional Application of a Bilateral Safeguard Measure 2
  • Article   3.11 Compensation 2
  • Article   3.12 Non-cumulation 2
  • Article   3.13 Non-application of Dispute Settlement 2
  • Chapter   4 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Origin Criteria 2
  • Article   4.3 Wholly Obtained or Produced Goods 3
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Materials Used In Production 3
  • Article   4.6 Value of Materials Used In Production 3
  • Article   4.7 Further Adjustments to the Value of Materials 3
  • Article   4.8 Recovered Materials and Remanufactured Goods 3
  • Article   4.9 Accumulation 3
  • Article   4.10 Tolerance 3
  • Article   4.11 Fungible Goods or Materials 3
  • Article   4.12 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 3
  • Article   4 Packaging Materials and Containers for Retail Sale 3
  • Article   4.14 Packing Materials and Containers for Shipment 3
  • Article   4.15 Indirect Materials 3
  • Article   4.16 Sets of Goods 3
  • Article   4.17 Non-Alteration 3
  • Section   B Origin Procedures 3
  • Article   4.18 Claims for Preferential Tariff Treatment 3
  • Article   4.19 Basis of a Declaration of Origin or Importer's Knowledge 3
  • Article   4.20 Discrepancies 3
  • Article   4.21 Waiver of Declaration of Origin 3
  • Article   4.22 Obligations Relating to Importation 3
  • Article   4.23 Record Keeping Requirements 3
  • Article   4.24 Verification of Origin 4
  • Article   4.25 Determinations on Claims for Preferential Tariff Treatment 4
  • Article   4.26 Refunds and Claims for Preferential Tariff Treatment after Importation 4
  • Article   4.27 Penalties 4
  • Article   4.28 Confidentiality 4
  • Section   C Other Matters 4
  • Article   4.29 Working Group on Rules of Origin and Customs and Trade Facilitation 4
  • Chapter   5 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Scope 4
  • Article   5.3 Customs Procedures and Facilitation of Trade 4
  • Article   5.4 Data, Documentation and Automation 4
  • Article   5.5 Transparency and Publication 4
  • Article   5.6 Simplified Customs Procedures 4
  • Article   5.7 Expedited Shipments 4
  • Article   5.8 Release of Goods 4
  • Article   5.9 Risk Management 5
  • Article   5.10 Advance Rulings 5
  • Article   5.11 Customs Valuation 5
  • Article   5.12 Review and Appeal 5
  • Article   5.13 Penalties 5
  • Article   5.14 Customs Cooperation 5
  • Article   5.15 Single Window 5
  • Article   5.16 Transit and Transhipment 5
  • Article   5.17 Post-clearance Audit 5
  • Article   5.18 Customs Brokers 5
  • Article   5.19 Temporary Admission of Goods 5
  • Article   5.20 Perishable Goods 5
  • Article   5.21 Confidentiality 5
  • Article   5.22 Working Group on Rules of Origin and Customs and Trade Facilitation 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 Affirmation of the SPS Agreement 5
  • Article   6.5 Science and Risk Assessment 5
  • Article   6.6 Adaption to Regional Conditions 5
  • Article   6.7 Equivalence 5
  • Article   6.8 Trade Conditions 5
  • Article   6.9 Audit and Verification 5
  • Article   6.10 Certification 6
  • Article   6.11 Import Checks and Fees 6
  • Article   6.12 Emergency SPS Measures 6
  • Article   6.13 Cooperation 6
  • Article   6.14 Transparency, Notification and Information Exchange 6
  • Article   6.15 Technical Consultations 6
  • Article   6.16 Committee on SPS Measures 6
  • Article   6.17 Competent Authorities and Contact Points 6
  • Article   6.18 Non-Application of Dispute Settlement 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Definitions 6
  • Article   7.2 Objective 6
  • Article   7.3 Scope 6
  • Article   7.4 Affirmation of the TBT Agreement 6
  • Article   7.5 Technical Regulations 6
  • Article   7.6 International Standards, Guides, and Recommendations 6
  • Article   7.7 Conformity Assessment Procedures 6
  • Article   7.8 Marking and Labelling 6
  • Article   7.9 Transparency 6
  • Article   7.10 Cooperation and Trade Facilitation 6
  • Article   7.11 Information Exchange 6
  • Article   7.12 Committee on Technical Barriers to Trade 6
  • Article   7.13 Contact Points 6
  • Article   7.14 Dispute Settlement 6
  • Article   7.15 Annex 6
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 6
  • Article   8.1 Definitions 6
  • Article   8.2 Scope 7
  • Article   8.3 National Treatment  (5) 7
  • Article   8.4 Most-Favoured-Nation Treatment 7
  • Article   8.5 Market Access 7
  • Article   8.6 Local Presence 7
  • Article   8.7 Non-Conforming Measures 7
  • Article   8.8 Domestic Regulation 7
  • Article   8.9 Recognition 7
  • Article   8.10 Denial of Benefits 7
  • Article   8.11 Transparency 7
  • Article   8.12 Payments and Transfers 8
  • Article   8.13 Committee on Services and Investment 8
  • Chapter   9 FINANCIAL SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope 8
  • Article   9.3 Prudential Exception 8
  • Article   9.4 Specific Exceptions 8
  • Article   9.5 National Treatment  (4) 8
  • Article   9.6 Market Access 8
  • Article   9.7 Local Presence 8
  • Article   9.8 Most-Favoured-Nation Treatment 8
  • Article   9.9 Senior Management and Boards of Directors 8
  • Article   9.10 Non-Conforming Measures 9
  • Article   9.11 Transparency 9
  • Article   9.12 Financial Data and Information  (17) 9
  • Article   9.13 Payment and Clearing 9
  • Article   9.14 Performance of Back-Office Functions 9
  • Article   9.15 Self-Regulatory Organisations 9
  • Article   9.16 Electronic Payments 9
  • Article   9.17 Financial Services New to the Territory of a Party 9
  • Article   9.18 Financial Services New to the Territories of Both Parties 9
  • Article   9.19 Sustainable Finance 9
  • Article   9.20 Recognition of Prudential Measures 9
  • Article   9.21 Institutional Provisions 9
  • Article   9.22 Consultations 9
  • Article   9.23 Dispute Settlement 9
  • Article   9.24 Financial Services Regulatory Cooperation 9
  • ANNEX 9A  Cross-Border Trade in Financial Services 9
  • ANNEX 9B  Authorities Responsible for Financial Services 10
  • ANNEX 9C  Financial Services Regulatory Cooperation 10
  • Article   9C.1 Objectives of Regulatory Cooperation 10
  • Article   9C.2 Scope of Regulatory Cooperation 10
  • Article   9C.3 Principles of Regulatory Cooperation 10
  • Article   9C.4 Joint Financial Regulatory Forum 10
  • Article   9C.5 Framework for Regulatory Cooperation 10
  • Article   9C.6 Mediation 10
  • Article   9C.7 Termination of Deference 10
  • Article   9C.8 Emerging Issues 10
  • Article   9C.9 Non-Application of Dispute Settlement 11
  • Chapter   10 PROFESSIONAL SERVICES AND RECOGNITION OF PROFESSIONAL QUALIFICATIONS 11
  • Article   10.1 Definitions 11
  • Article   10.2 Scope 11
  • Article   10.3 Objectives 11
  • Article   10.4 General Principles for Professional Services 11
  • Article   10.5 Recognition of Professional Qualifications 11
  • Article   10.6 Professional Services Working Group 11
  • Article   10.7 Legal Services 11
  • Article   10.8 Legal Services Regulatory Dialogue 11
  • Chapter   11 TEMPORARY ENTRY FOR BUSINESS PERSONS 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 11
  • Article   11.3 Application Procedures 11
  • Article   11.4 Grant of Temporary Entry 11
  • Article   11.5 Provision of Information 11
  • Article   11.6 Relation to other Chapters 11
  • Article   11.7 Dispute Settlement 11
  • Article   11.8 Cooperation on Return and Readmissions 11
  • Chapter   12 TELECOMMUNICATIONS 12
  • Article   12.1 Definitions 12
  • Article   12.2 Scope 12
  • Article   12.3 Approaches to Regulation 12
  • Article   12.4 Access and Use 12
  • Article   12.5 Access to Essential Facilities and Unbundled Network Elements 12
  • Article   12.6 Resale 12
  • Article   12.7 Competitive Safeguards 12
  • Article   12.8 Treatment by Major Suppliers 12
  • Article   12.9 Interconnection with Suppliers 12
  • Article   12.10 Interconnection with Major Suppliers 12
  • Article   12.11 Number Portability 12
  • Article   12.12 Access to Numbers 12
  • Article   12.13 International Mobile Roaming 12
  • Article   12.14 Submarine Cable Landing Stations and Systems 12
  • Article   12.15 Independent Regulatory Authorities 12
  • Article   12.16 Universal Service 12
  • Article   12.17 Licensing and Authorisation Process 12
  • Article   12.18 Scarce Resources 12
  • Article   12.19 Flexibility In the Choice of Technology 12
  • Article   12.20 Resolution of Telecommunications Disputes 13
  • Article   12.21 Transparency 13
  • Article   12.22 Enforcement 13
  • Article   12.23 Relation to International Organisations 13
  • Article   12.24 Cooperation 13
  • Article   12.25 Confidentiality 13
  • Chapter   13 INVESTMENT 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 Relation to other Chapters 13
  • Article   13.4 Market Access 13
  • Article   13.5 National Treatment  (9) 13
  • Article   13.6 Most-Favoured-Nation Treatment 13
  • Article   13.7 Minimum Standard of Treatment  (11) 13
  • Article   13.8 Treatment In Case of Armed Conflict or Civil Strife 13
  • Article   13.9 Expropriation and Compensation  (12) 13
  • Article   13.10 Transfers 13
  • Article   13.11 Performance Requirements 14
  • Article   13.12 Senior Management and Boards of Directors 14
  • Article   13.13 Non-Conforming Measures 14
  • Article   13.14 Subrogation 14
  • Article   13.15 Special Formalities and Information Requirements 14
  • Article   13.16 Denial of Benefits  (23) 14
  • Article   13.17 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   13.18 Investment and the Environment 14
  • Article   13.19 Corporate Social Responsibility 14
  • ANNEX 13A  CUSTOMARY INTERNATIONAL LAW 14
  • ANNEX 13B  EXPROPRIATION 14
  • ANNEX 13C  FOREIGN INVESTMENT FRAMEWORK 14
  • Chapter   14 DIGITAL TRADE 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope and General Provisions 14
  • Article   14.3 Customs Duties 15
  • Article   14.4 Domestic Electronic Transactions Framework 15
  • Article   14.5 Conclusion of Contracts by Electronic Means 15
  • Article   14.6 Electronic Authentication and Electronic Trust Services 15
  • Article   14.7 Digital Identities 15
  • Article   14.8 Paperless Trading 15
  • Article   14.9 Electronic Invoicing 15
  • Article   14.10 Cross-Border Transfer of Information by Electronic Means 15
  • Article   14.11 Location of Computing Facilities 15
  • Article   14.12 Personal Information Protection 15
  • Article   14.13 Open Government Data 15
  • Article   14.14 Data Innovation 15
  • Article   14.15 Open Internet Access 15
  • Article   14.16 Online Consumer Protection 15
  • Article   14.17 Unsolicited Commercial Electronic Messages 15
  • Article   14.18 Source Code 15
  • Article   14.19 Commercial Information and Communication Technology Products That Use Cryptography 15
  • Article   14.20 Cybersecurity 15
  • Article   14.21 Cooperation 15
  • Chapter   15 INTELLECTUAL PROPERTY 16
  • Section   A General Provisions 16
  • Article   15.1 Definitions 16
  • Article   15.2 Objectives 16
  • Article   15.3 Principles 16
  • Article   15.4 Understandings In Respect of this Chapter 16
  • Article   15.5 Nature and Scope of Obligations 16
  • Article   15.6 Understandings Regarding Certain Public Health Measures 16
  • Article   15.7 International Agreements 16
  • Article   15.8 National Treatment 16
  • Article   15.9 Transparency 16
  • Article   15.10 Application of Chapter to Existing Subject Matter and Prior Acts 16
  • Article   15.11 Exhaustion of Intellectual Property Rights 16
  • Article   15.12 Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions 16
  • Section   B Cooperation 16
  • Article   15.13 Contact Points for Cooperation 16
  • Article   15.14 Cooperation 16
  • Article   15.15 Committee on Intellectual Property Rights 16
  • Article   15.16 Patent Cooperation and Work Sharing 16
  • Article   15.17 Public Domain 16
  • Article   15.18 Cooperation In the Area of Traditional Knowledge Associated with Genetic Resources 16
  • Article   15.19 Cooperation on Request 17
  • Section   C Trade Marks 17
  • Article   15.20 Types of Signs Registrable as Trade Marks 17
  • Article   15.21 Collective and Certification Marks 17
  • Article   15.22 Rights Conferred 17
  • Article   15.23 Exceptions 17
  • Article   15.24 Well-Known Trade Marks 17
  • Article   15.25 Procedural Aspects of Examination, Opposition and Cancellation 17
  • Article   15.26 Bad Faith Applications 17
  • Article   15.27 Electronic Trade Marks Systems 17
  • Article   15.28 Term of Protection for Trade Marks 17
  • Article   15.29 Efforts Toward the Harmonisation of Trade Mark Systems 17
  • Article   15.30 Domain Names 17
  • Section   D Geographical Indications 17
  • Article   15.31 Procedures for the Recognition and Protection of Geographical Indications 17
  • Article   15.32 System and Standard of Protection for Geographical Indications 17
  • Article   15.33 Protection of Geographical Indications 17
  • Article   15.34 Consultations on Geographical Indications 17
  • Article   15.35 Amendments Relating to Geographical Indications 17
  • Section   E Patents and Data 17
  • Article   15.36 Rights Conferred 17
  • Article   15.37 Patentable Subject Matter 17
  • Article   15.38 Exceptions 17
  • Article   15.39 Experimental Use 17
  • Article   15.40 Regulatory Review Exception 17
  • Article   15.41 Other Use without Authorisation of the Right Holder 17
  • Article   15.42 Patent Filing 17
  • Article   15.43 Amendments, Corrections and Observations 17
  • Article   15.44 Publication of Patent Applications 17
  • Article   15.45 Information Relating to Published Patent Applications and Granted Patents 17
  • Article   15.46 Conditions on Patent Applicants 17
  • Article   15.47 Extension of the Duration of Rights Conferred by a Patent 17
  • Section   F Undisclosed Test or other Data 17
  • Article   15.48 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 17
  • Article   15.49 Protection of Undisclosed Test or other Data for Pharmaceutical Products 17
  • Section   G Registered Industrial Designs 17
  • Article   15.50 Protection of Registered Industrial Designs 17
  • Article   15.51 Duration of Protection 17
  • Article   15.52 Multiple Design Applications 17
  • Article   15.53 Improving Industrial Design Systems 17
  • Article   15.54 International Classification System for Industrial Designs 17
  • Article   15.55 International Registration of Industrial Designs 17
  • Section   H Copyright and Related Rights 18
  • Article   15.56 Authors 18
  • Article   15.57 Performers 18
  • Article   15.58 Producers of Phonograms 18
  • Article   15.59 Broadcasting Organisations 18
  • Article   15.60 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes 18
  • Article   15.61 Artist's Resale Right 18
  • Article   15.62 Limitations and Exceptions 18
  • Article   15.63 Balance In Copyright and Related Rights Systems 18
  • Article   15.64 Term of Protection 18
  • Article   15.65 Collective Management Organisations 18
  • Article   15.66 Technological Protection Measures 18
  • Article   15.67 Rights Management Information 18
  • Article   15.68 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 18
  • Section   I Trade Secrets 18
  • Article   15.69 Trade Secrets 18
  • Section   J Enforcement 18
  • Subsection   J.1 General Obligations 18
  • Article   15.70 General Obligations 18
  • Subsection   J.2 Enforcement - Civil Remedies 18
  • Article   15.71 Availability of Civil Enforcement 18
  • Article   15.72 Measures for Preserving Evidence 18
  • Article   15.73 Provisional and Precautionary Measures 18
  • Article   15.74 Right to Information 18
  • Article   15.75 Injunctions 18
  • Article   15.76 Corrective Measures 18
  • Article   15.77 Damages 18
  • Article   15.78 Costs 18
  • Article   15.79 Safeguards 19
  • Article   15.80 Administrative Procedures 19
  • Subsection   J.3 Enforcement - Border Measures 19
  • Article   15.81 Border Measures 19
  • Subsection   J.4 Enforcement - Criminal Remedies 19
  • Article   15.82 Criminal Offences 19
  • Article   15.83 Penalties 19
  • Article   15.84 Seizure, Forfeiture and Destruction 19
  • Article   15.85 Ex Officio Enforcement 19
  • Article   15.86 Liability of Legal Persons 19
  • Subsection   J.5 Enforcement In the Digital Environment 19
  • Article   15.87 General Obligations on Enforcement In the Digital Environment 19
  • Article   15.88 Limitations on Liability of Internet Service Providers 19
  • Article   15.89 Blocking Orders 19
  • Article   15.90 Procedures for Domain Registrars 19
  • Article   15.91 Disclosure of Information 19
  • Subsection   J.6 Enforcement Practices with Respect to Intellectual Property Rights 19
  • Article   15.92 Transparency of Judicial Decisions and Administrative Rulings 19
  • Article   15.93 Voluntary Stakeholder Initiatives 19
  • Article   15.94 Public Awareness 19
  • Article   15.95 Specialised Enforcement Expertise, Information and Domestic Coordination 19
  • Article   15.96 Environmental Considerations In Destruction and Disposal of Infringing Goods 19
  • Chapter   16 GOVERNMENT PROCUREMENT 19
  • Article   16.1 Definitions 19
  • Article   16.2 Scope 19
  • Article   16.3 General Exceptions. 20
  • Article   16.4 General Principles 20
  • Article   16.5 Information on the Procurement System 20
  • Article   16.6 Notices 20
  • Article   16.7 Conditions for Participation 20
  • Article   16.8 Qualification of Suppliers 20
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 20
  • Article   16.10 Time-Periods 21
  • Article   16.11 Negotiations 21
  • Article   16.12 Limited Tendering 21
  • Article   16.13 Electronic Auctions 21
  • Article   16.14 Treatment of Tenders and Awarding of ContractsTreatment of Tenders 21
  • Article   16.15 Transparency of Procurement 21
  • Article   16.16 Disclosure of Information 21
  • Article   16.17 Environmental, Social and Labour Considerations 21
  • Article   16.18 Ensuring Integrity In Procurement Practices 21
  • Article   16.19 Domestic Review Procedures 21
  • Article   16.20 Modifications and Rectifications to Annex 21
  • Article   16.21 Facilitation of Participation by SMEs 22
  • Article   16.22 Cooperation 22
  • Chapter   17 COMPETITION POLICY AND CONSUMER PROTECTION 22
  • Article   17.1 Competition Law and Authorities 22
  • Article   17.2 Procedural Fairness In Competition Law Enforcement 22
  • Article   17.3 Private Rights of Action 22
  • Article   17.4 Transparency 22
  • Article   17.5 Consumer Protection 22
  • Article   17.6 Cooperation on Competition Policy and Consumer Protection 22
  • Article   17.7 Consultation 22
  • Article   17.8 Non-Application of Dispute Settlement 22
  • Chapter   18 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   18.1 Definitions 22
  • Article   18.2 Scope  (8) 22
  • Article   18.3 Delegated Authority 23
  • Article   18.4 Non-discriminatory Treatment and Commercial Considerations 23
  • Article   18.5 Courts and Administrative Bodies 23
  • Article   18.6 Non-commercial Assistance 23
  • Article   18.7 Adverse Effects 23
  • Article   18.8 Injury 23
  • Article   18.9 Application to Sub Central State-Owned Enterprises and Designated Monopolies 23
  • Article   18.10 Transparency 23
  • Article   18.11 Cooperation 23
  • Article   18.12 Contact Points 23
  • Article   18.13 Exceptions 23
  • Article   18.14 Further Negotiations 24
  • Article   18.15 Process for Developing Information 24
  • Chapter   19 SMALL AND MEDIUM-SIZED ENTERPRISES 24
  • Article   19.1 General Provisions 24
  • Article   19.2 Information Sharing 24
  • Article   19.3 Contact Points on SMEs 24
  • Article   19.4 Cooperation to Increase Trade and Investment Opportunities for SMEs 24
  • Article   19.5 Other Provisions That Benefit SMEs 24
  • Article   19.6 Non-Application of Dispute Settlement 24
  • Chapter   20 INNOVATION 24
  • Article   20.1 Definitions 24
  • Article   20.2 Objective 24
  • Article   20.3 General Provisions 24
  • Article   20.4 Artificial Intelligence and Emerging Technologies 24
  • Article   20.5 Strategic Innovation Dialogue 24
  • Article   20.6 Review of this Agreement 24
  • Article   20.7 Non-Application of Dispute Settlement 24
  • Chapter   21 LABOUR 24
  • Article   21.1 Definitions 24
  • Article   21.2 Right to Regulate and Levels of Protection 25
  • Article   21.3 Statement of Shared Commitment 25
  • Article   21.4 Labour Rights 25
  • Article   21.5 Non Derogation 25
  • Article   21.6 Enforcement of Labour Laws 25
  • Article   21.7 Modern Slavery 25
  • Article   21.8 Non-Discrimination and Gender Equality In the Workplace 25
  • Article   21.9 Corporate Social Responsibility 25
  • Article   21.10 Public Awareness and Procedural Guarantees 25
  • Article   21.11 Public Submissions 25
  • Article   21.12 Cooperation 25
  • Article   21.13 Committee on Cooperation 25
  • Article   21.14 Contact Points 25
  • Article   21.15 Public Engagement 25
  • Article   21.16 Labour Consultations and Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Objectives 25
  • Article   22.3 General Commitments 25
  • Article   22.4 Multilateral Environmental Agreements 26
  • Article   22.5 Climate Change 26
  • Article   22.6 Environmental Goods and Services 26
  • Article   22.7 Circular Economy 26
  • Article   22.8 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.9 Air Quality 26
  • Article   22.10 Protection of the Marine Environment from Ship Pollution 26
  • Article   22.11 Marine Litter 26
  • Article   22.12 Marine Wild Capture Fisheries  (9) 26
  • Article   22.13 Sustainable Forest Management and Trade 26
  • Article   22.14 Trade and Biodiversity 26
  • Article   22.15 Invasive Alien Species 26
  • Article   22.16 Conservation and Illegal Wildlife Trade 27
  • Article   22.17 Corporate Social Responsibility 27
  • Article   22.18 Opportunities for Public Participation 27
  • Article   22.19 Public Submissions 27
  • Article   22.20 Cooperation Frameworks 27
  • Article   22.21 Environment Working Group 27
  • Article   22.22 Environment Contact Points 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • ANNEX 22A  27
  • ANNEX 22.B  27
  • Chapter   23 DEVELOPMENT 27
  • Article   23.1 General Provisions 27
  • Article   23.2 Joint Development Activities 27
  • Article   23.3 Committee on Cooperation 27
  • Article   23.4 Non-Application of Dispute Settlement 27
  • Chapter   24 TRADE AND GENDER EQUALITY 27
  • Article   24.1 Objectives 27
  • Article   24.2 Trade and Gender Equality Cooperation Activities 27
  • Article   24.3 Dialogue on Trade and Gender Equality 27
  • Article   24.4 Non-application of Dispute Settlement 27
  • Chapter   25 ANIMAL WELFARE AND ANTIMICROBIAL RESISTANCE 27
  • Article   25.1 Animal Welfare 27
  • Article   25.2 Antimicrobial Resistance 27
  • Article   25.3 Non-application of Dispute Settlement 27
  • Chapter   26 GOOD REGULATORY PRACTICES 28
  • Article   26.1 Definitions 28
  • Article   26.2 General Provisions 28
  • Article   26.3 Internal Coordination and Review Processes or Mechanisms 28
  • Article   26.4 Descriptions of Regulatory Processes and Mechanisms 28
  • Article   26.5 Impact Assessment 28
  • Article   26.6 Public Consultation 28
  • Article   26.7 Use of Plain Language 28
  • Article   26.8 Regulatory Register 28
  • Article   26.9 Retrospective Review 28
  • Article   26.10 Regulatory Cooperation 28
  • Article   26.11 Contact Points 28
  • Article   26.12 Relation to other Chapters 28
  • Article   26.13 Non-Application of Dispute Settlement 28
  • Chapter   27 COOPERATION 28
  • Article   27.1 General Provisions 28
  • Article   27.2 Areas of Cooperation 28
  • Article   27.3 Contact Points 28
  • Article   27.4 Committee on Cooperation 28
  • Article   27.5 Resources 28
  • Article   27.6 Non-Application of Dispute Settlement 28
  • Chapter   28 TRANSPARENCY AND ANTI-CORRUPTION 28
  • Article   28.1 Definitions 28
  • Section   A Transparency 28
  • Article   28.2 Publication 28
  • Article   28.3 Administrative Proceedings 29
  • Article   28.4 Review and Appeal  (1) 29
  • Article   28.5 Provision of Information 29
  • Article   28.6 Accessible and Open Government 29
  • Section   B Anti-Corruption 29
  • Article   28.7 Scope 29
  • Article   28.8 General Provisions 29
  • Article   28.9 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.10 Persons That Report Bribery or Corruption Offences 29
  • Article   28.11 Promoting Integrity Among Public Officials 29
  • Article   28.12 Participation of Private Sector and Civil Society 29
  • Article   28.13 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.14 Relation to other Agreements 29
  • Article   28.15 Cooperation, Consultation, and Dispute Settlement 29
  • Chapter   29 ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 29
  • Article   29.1 Establishment of the Joint Committee 29
  • Article   29.2 Functions of the Joint Committee 29
  • Article   29.3 Decision-Making 29
  • Article   29.4 Rules of Procedure of the Joint Committee 29
  • Article   29.5 Contact Points 29
  • Chapter   30 DISPUTE SETTLEMENT 29
  • Article   30.1 Definitions 29
  • Article   30.2 Objective 29
  • Article   30.3 Cooperation 29
  • Article   30.4 Scope 29
  • Article   30.5 Choice of Forum 30
  • Article   30.6 Good Offices, Conciliation, and Mediation 30
  • Article   30.7 Consultations 30
  • Article   30.8 Request for Establishment of a Panel 30
  • Article   30.9 Establishment and Reconvening of Panels 30
  • Article   30.10 Qualifications of Panellists 30
  • Article   30.11 Functions of a Panel  (3) 30
  • Article   30.12 Reports of a Panel 30
  • Article   30.13 Rules of Procedure and Code of Conduct 30
  • Article   30.14 Compliance with the Final Report 30
  • Article   30.15 Compliance Review 30
  • Article   30.16 Temporary Remedies for Non-Compliance 30
  • Article   30.17 Compliance Review after the Adoption of Temporary Remedies 31
  • Article   30.18 Suspension or Termination of Proceedings 31
  • Article   30.19 Time Periods and Cases of Urgency 31
  • Article   30.20 Mutually Agreed Solution 31
  • Article   30.21 Administration of the Dispute Settlement Procedure 31
  • Article   30.22 Contact Point 31
  • Chapter   31 GENERAL PROVISIONS AND EXCEPTIONS 31
  • Article   31.1 General Exceptions 31
  • Article   31.2 Security Exceptions 31
  • Article   31.3 Temporary Safeguard Measures 31
  • Article   31.4 Taxation Measures 31
  • Article   31.5 Disclosure of Information 31
  • Article   31.6 Confidentiality of Information 31
  • Article   31.7 The National Health Service and Australia's Health System 31
  • Chapter   32 FINAL PROVISIONS 31
  • Article   32.1 Annexes, Appendices and Footnotes 31
  • Article   32.2 Amendments 31
  • Article   32.3 Amendment of International Agreements 31
  • Article   32.4 Territorial Extension 31
  • Article   32.5 Territorial Disapplication 31
  • Article   32.6 General Review 31
  • Article   32.7 Entry Into Force 31
  • Article   32.8 Termination 31
  • ANNEX I  EXPLANATORY NOTES 31
  • ANNEX I  SCHEDULE OF AUSTRALIA 32
  • ANNEX I  SCHEDULE OF THE UNITED KINGDOM 35
  • ANNEX II  EXPLANATORY NOTES 36
  • ANNEX II  SCHEDULE OF AUSTRALIA 36
  • ANNEX II  SCHEDULE OF THE UNITED KINGDOM 38