2. Each Party shall maintain an authority or authorities responsible for the enforcement of its national competition laws.
Article 10.4. PRINCIPLES OF LAW ENFORCEMENT
1. Each Party shall be consistent with the principles of transparency, non-discrimination and procedural fairness in the competition law enforcement.
2. Each Party shall treat persons who are not persons of the Party no less favorably than persons of the Party in like circumstances in the competition law enforcement.
3. Each Party shall ensure that during an investigation to determine whether conduct violates its competition laws, or before it imposes a sanction or remedy against a person for violating its national competition laws, it affords that person a reasonable opportunity to present opinion or evidence in its defense.
4. Each Party shall provide a person that is subject to the imposition of a sanction or remedy for violation of its competition laws with the opportunity to seek review of the sanction or remedy in accordance with the Party's laws and regulations.
Article 10.5. TRANSPARENCY
1. Each Party shall make public its competition laws, regulations, guidelines, and any rules issued in relation to the administration of such laws and regulations, excluding internal operating procedures.
2. Each Party shall ensure that all the final administrative decisions finding a violation of its competition laws are in written form and set out relevant findings of fact and legal basis on which the decision is based.
3. Each Party shall endeavor to make public the decisions and any orders implementing them in accordance with its own laws and regulations, excluding any business confidential information or other information that is protected by its law from public disclosure.
Article 10.6. COOPERATION
1. The Parties recognize the importance of cooperation and coordination in competition field to promote fair competition.
2. The Parties shall cooperate through notification, consultation, exchange of information upon request.
3. The Parties agree to cooperate in a manner compatible with its laws and regulations, within its reasonably available administrative resource.
Article 10.7. CONFIDENTIALITY OF INFORMATION
1. This Chapter shall not require the sharing of information by the competition authority of each Party, which is contrary to the Party's laws, regulations and important interests.
2. The Parties shall maintain confidentiality of any information provided as confidential by the other Party. The Party receiving such information shall:
(a) Use it only for the purpose disclosed at the time of request unless specific permission is granted by the Party providing the information;
(b) Not disclose it to any other authority, entity or person that is not authorized by the competition authority of the Party providing the information; and
(c) Comply with any other conditions required by the competition authority of the Party providing the information.
Article 10.8. TECHNICAL COOPERATION
The Parties may promote technical cooperation, including exchange of experiences, training programs, workshops, and research collaborations for the purpose of enhancing authorities' capacity related to competition policy and law enforcement.
Article 10.9. INDEPENDENCE OF COMPETITION AUTHORITIES
This Chapter shall not intervene with the independence of each Party in enforcing its respective competition laws.
Article 10.10. DISPUTE SETTLEMENT
Neither Party shall have recourse to dispute settlement under this Agreement for any matters arising under this Chapter. Any difference or dispute between the Parties concerning the interpretation or implementation of the provisions of this Chapter shall be settled amicably through consultations between the Parties.
Article 10.11. CONSULTATION
To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, on request of the other Party, enter into consultations regarding representations made by the other Party. In its request, the Party shall indicate, if relevant, how the matter affects trade or investment between the Parties.
Chapter 11. INTELLECTUAL PROPERTY
Article 11.1. PURPOSE AND PRINCIPLES
The purpose of this Chapter is to increase the benefits from trade and investment through the protection and enforcement of intellectual property rights. The Parties recognise that:
(a) Establishing and maintaining transparent intellectual property systems and promoting and maintaining adequate and effective protection and enforcement of intellectual property rights provide certainty to right holders and users;
(b) Protecting and enforcing intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology;
(c) Intellectual property protection promotes economic and social development, and can reduce distortion and obstruction to international trade;
(d) Intellectual property systems should support open, innovative and efficient markets, including through the effective creation, utilisation, protection, and enforcement of intellectual property rights, appropriate limitations and exceptions, and an appropriate balance between the legitimate interests of rights holders, users and the public interest;
(e) Intellectual property systems should not themselves become barriers to legitimate trade;
(f) Appropriate measures, provided they are consistent with the provisions of the TRIPS Agreement (1) and 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, are anticompetitive or adversely affect the international transfer of technology; and
(g) Appropriate measures to protect public health and nutrition may be adopted provided they are consistent with the TRIPS Agreement and this Chapter.
Article 11.2. DEFINITIONS
For the purposes of this Chapter, unless the contrary intention appears:
(a) Intellectual property rights refers to copyright and related rights, rights in trade marks, geographical indications, industrial designs, patents and layout-designs (topographies) of integrated circuits, rights in plant varieties, and rights in undisclosed information, as defined and described in the TRIPS Agreement;
(b) National of a Party includes, in respect of the relevant right, an entity of that Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Article 1.3 of the TRIPS Agreement;
(c) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; and
(d) WIPO means the World Intellectual Property Organization.
Article 11.3. OBLIGATIONS ARE MINIMUM OBLIGATIONS
Each Party shall, at a minimum, give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for, and enforcement of, intellectual property rights than this Chapter requires, provided that this additional protection and enforcement is not inconsistent with the provisions of this Agreement. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.
Article 11.4. INTERNATIONAL AGREEMENTS
Each Party affirms its commitment to the TRIPS Agreement and any other multilateral agreement relating to intellectual property to which both Parties are party.
Article 11.5. INTELLECTUAL PROPERTY AND PUBLIC HEALTH
The Parties recognise the principles established in the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO and confirm that the provisions of this Chapter are without prejudice to this Declaration.
Article 11.6. EXHAUSTION
Nothing in this Chapter shall affect the freedom of the Parties to determine whether, and under what conditions, the exhaustion of intellectual property rights applies. The Parties agree to further discuss relevant issues relating to the exhaustion of patent.
Article 11.7. PROCEDURES ON ACQUISITION AND MAINTENANCE
Each Party shall:
(a) Continue to work to enhance its examination and registration systems, including through improving examination procedures and quality systems;
(b) Provide applicants with a communication in writing of the reasons for any refusal to grant or register an intellectual property right;
(c) Provide an opportunity for interested parties to oppose the grant or registration of an intellectual property right, or to seek either revocation, cancellation or invalidation of an existing intellectual property right;
(d) Require that opposition, revocation, cancellation, or invalidation decisions be reasoned and in writing; and
(e) For the purposes of this Article, "writing" and "communication in writing" may include writing and communications in an electronic form.
Article 11.8. PATENTABLE SUBJECT MATTER
1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any Inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
2. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
3. Members may also exclude from patentability:
(a) Diagnostic, therapeutic, and surgical methods for the treatment of humans or animals; and
(b) Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
Article 11.9. AMENDMENTS, CORRECTIONS AND OBSERVATIONS ON PATENT APPLICATIONS
Each Party shall provide patent applicants with opportunities to make amendments, corrections and observations in connection with their applications in accordance with each Party's laws, regulations and rules.
Article 11.10. TRANSPARENCY
To assist with the transparency of the operation of its intellectual property system, each Party shall make its granted or registered patent for invention, utility model, industrial design, plant variety, trademark and geographical indication databases available on the internet.
Article 11.11. TYPES OF SIGNS AS TRADEMARKS
The Parties agree to cooperate on the means to protect types of signs as trademarks, including visual and sound signs.
Article 11.12. WELL-KNOWN TRADEMARKS
The Parties shall provide protection for well-known trademarks at least in accordance with Article 16.2 and 16.3 of the TRIPS Agreement and Article 6 bis of the Paris Convention for the Protection of Industrial Property, done at Paris on 20 March 1883.
Article 11.13. GEOGRAPHICAL INDICATIONS
1. Each Party recognizes that geographical indications may be protected through a trade mark or sui generis system or other legal means.(2)
The Parties exchanged English translation of their existing legislations on geographical indications for reference. After entry into force of any new legislation and/or amendments to the existing legislations, the Parties agree to provide reliable English translation thereof for reference.
2. For the purposes of this Agreement, "geographical indications" are indications which identify a product as originating in the territory of a Party, or a region or a locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin.
3. Without prejudice to Articles 22 and 23 of the TRIPS Agreement, the Parties shall take all necessary measures, in accordance with this Agreement, to ensure mutual protection of the geographical indications referred to in paragraph 2 that are used to refer to goods originating in the territory of the Parties. Each Party shall provide interested parties with the legal means to prevent the use of such geographical indications for identical or similar goods not originating in the place indicated by the geographical indication in question.
Article 11.14. PLANT BREEDERS' RIGHTS
The Parties, through their competent agencies, shall cooperate to encourage and facilitate the protection and development of plant breeders' rights with a view to:
(a) Better harmonising the plant breeders' rights administrative systems of both Parties, including enhancing the protection of species of mutual interest and exchanging information; and
(b) Reducing unnecessary duplicative procedures between their respective plant breeders' rights examination systems.
Article 11.15. COLLECTIVE MANAGEMENT OF COPYRIGHT
Each Party shall foster the establishment of appropriate bodies for the collective management of copyright and shall encourage such bodies to operate in a manner that is efficient, publicly transparent and accountable to their members.
Article 11.16. GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
1. Subject to each Party's international obligations and its laws, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore.
2. The Parties agree to explore the possibility to further discuss relevant issues concerning genetic resources, traditional knowledge and folklore, taking into account future developments in their respective laws and in multilateral agreements.
Article 11.17. ENFORCEMENT
1. Each Party commits to implementing effective intellectual property enforcement systems with a view to eliminating trade in goods and services infringing intellectual property rights.
2. Each Party shall provide for criminal procedures and penalties in accordance with the TRIPS Agreement to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, and consistent with the level of penalties applied for crimes of a corresponding gravity.
Article 11.18. COOPERATION – GENERAL
1. Each Party shall, on request of the other Party, exchange information:
(a) Relating to intellectual property policies in their respective administrations;
(b) On changes to, and developments in the implementation of, their national intellectual property systems; and
(c) On the administration and enforcement of intellectual property rights.
2. Each Party shall, on request of the other Party, consider intellectual property rights issues and questions of interest to private stakeholders.
3. The Parties will consider opportunities for continuing cooperation under established arrangements in areas of mutual interest that aim to improve the operation of the intellectual property rights system, including administrative processes, in each other's jurisdictions. This cooperation could include, but is not necessarily limited to:
(a) Work sharing in patent examination;
(b) Enforcement of intellectual property rights;
(c) Raising public awareness on intellectual property issues;
(d) Improvement of patent examination quality and efficiency; and
(e) Reducing the complexity and cost of obtaining the grant of a patent.
Chapter 12. AREAS OF COOPERATION
Article 12.1. INVESTMENT
1. Each Party shall, subject to its general policy in the field of foreign investment, promote in its territory investments by investors of the other Party, and shall admit such investment in accordance with its applicable laws and regulations and the international commitments entered into between the Parties.
2. The Parties shall further assess and, if necessary, endeavour to conduct negotiations with a view to revising the Agreement between the Government of thePeople's Republic of China and the Government of the Republic of Georgia Concerning the Encouragement and Reciprocal Protection of Investments.
Article 12.2. ELECTRONIC COMMERCE
1. The Parties recognize the economic growth and opportunity provided by electronic commerce, the importance of promoting its use and development, and the applicability of the WTO Agreement to measures affecting electronic commerce.
2. The Parties agree to share information and experience on issues related to electronic commerce, including, inter alia, laws and regulations, rules and standards, and best practices.
3. The Parties shall encourage cooperation in research and training activities to enhance the development of electronic commerce.
4. The Parties shall encourage business exchanges, cooperative activities, and joint electronic commerce projects.
5. The Parties shall actively participate in regional and multilateral fora to promote the development of electronic commerce in a cooperative manner.
Chapter 13. TRANSPARENCY
Article 13.1. PUBLICATION
1. Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application that may affect any matter covered by this Agreement are promptly published, including through the internet where feasible, or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. The Parties shall promptly respond to specific questions and provide, upon request, full information to each other on matters referred to in paragraph 1.
3. Nothing in this Chapter shall require a Party to furnish or to allow access to confidential information, which is designated as confidential under its domestic legislation, or the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
Article 13.2. NOTIFICATION AND PROVISION OF INFORMATION
1. Each Party shall endeavor to notify the other Party the information on any measure that the Party considers might materially affect the operation of this Agreement.
2. The information referred to under this Article shall be considered to have been provided when it has been made available by appropriate notification to the WTO or when it has been made publicly available in accordance with the legislation of the Party concerned or has been published on the official, public and fee-free accessible website of the Party concerned.
3. Any notification, request, or information under this Article shall be conveyed to the other Party through Contact Points of this Agreement.
Article 13.3. INCORPORATION
For the purpose of this Agreement, Article X of GATT 1994 and Article III of GATS are incorporated into and made part of this Agreement, mutatis mutandis.
Chapter 14. INSTITUTIONAL PROVISIONS
Article 14.1. FTA JOINT COMMISSION
1. The Parties hereby establish the China-Georgia Joint Commission (hereinafter referred to as "FTA Joint Commission") comprising representatives of each Party. The Parties shall be represented by senior officials designated by them for this purpose.
2. The FTA Joint Commission shall:
(a) consider matters relating to the implementation of this Agreement;
(b) consider issues referred to it by either Party, or by the committees or working groups established under this Agreement;
(c) in accordance with the objectives of this Agreement, explore possibilities for the further expansion of trade and promotion of investment between the Parties;
(d) consider any proposal to amend this Agreement and make recommendations to the Parties; and
(e) consider any other matter that may affect the operation of this Agreement.
3. The FTA Joint Commission may:
(a) establish additional committees or ad hoc working groups as necessary, and refer matters to any committee or working group for advice;
(b) further the implementation of this Agreement through implementing arrangements;
(c) seek to resolve any differences that may arise regarding the interpretation or application of this Agreement;
(d) seek the advice of non-governmental persons or groups on any matter falling within its responsibilities where this would assist it in discharging its responsibilities; and
(e) take such other action in the exercise of its functions as the Parties may agree.
Article 14.2. RULES OF PROCEDURE OF THE FTA JOINT COMMISSION
1. The FTA Joint Commission shall take decisions and make recommendations on any matter within its functions, as set out in Article 14.1, by mutual agreement. The enforcement of the decisions shall be subject to the fulfillment of domestic legal requirements in either of the Parties.
2. The FTA Joint Commission shall convene in regular session every year and at other times at the request of either Party. Regular sessions of the FTA Joint Commission shall be chaired successively by each Party. Other sessions of the FTA Joint Commission shall be chaired by the Party hosting the meeting.
3. The FTA Joint Commission shall ordinarily meet at the level of senior officials, unless there is a request by either Party to convene the meeting at Ministerial level.
4. Subject to paragraph 3, each Party shall be responsible for the composition of its delegation to the FTA Joint Commission.
5. The Party chairing a session of the FTA Joint Commission shall provide any necessary administrative support for such session, and shall record any decisions taken by the FTA Joint Commission, copies of which shall be provided to the other Party.
Article 14.3. CONTRACT POINT
For the purpose of facilitating communication between the Parties on any matter covered by this Agreement, the following contact points are designated:
(a) for China, Ministry of Commerce; and
(b) for Georgia, Ministry of Economy and Sustainable Development.