b) occurred within 12 (twelve) months prior to the date of the filing of the patent application or, where applicable, subject to the State Party's laws and regulations, of the recognised priority.
ARTICLE 15.21
Genetic resources, traditional knowledge, and folklore [8]
1. Subject to its international obligations, each State Party may establish appropriate measures [9] to protect genetic resources, traditional knowledge, and folklore.
2. Where a State Party has disclosure requirements relating to the source or origin of genetic resources [10] as part of its patent system, that State Party shall endeavour to make available its laws and regulations with respect to such requirements, including online where feasible, in such a manner as to enable interested persons and other State Parties to become acquainted with them.
3. Each State Party shall endeavour to pursue quality patent examination.
SECTION C
ENFORCEMENT
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[8] For greater certainty, this Article is without prejudice to the position of a State Party on genetic resources, traditional knowledge, and folklore, including in any bilateral or multilateral negotiations through any fora, such as the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
[9] For greater certainty, the State Parties understand that such "appropriate measures" are a matter for each State Party to determine and may not necessarily involve its intellectual property system.
[10] The State Parties recognise the fact that some State Parties also require, if applicable, in their patent systems, evidence of prior informed consent and access and benefit sharing for genetic resources and associated traditional knowledge.
ARTICLE 15.22
Enforcement of intellectual property rights
1. The State Parties shall provide suitable and effective protection of intellectual property rights in line with the TRIPS Agreement and other international agreements to which the State Parties are party. The State Parties shall ensure enforcement procedures as specified in Part III of the TRIPS Agreement so as to permit effective action against any act of infringement of intellectual property rights.
2. In particular, the measures, procedures and remedies referred to in paragraph 1, and provided for by each State Party under its laws and regulations, shall:
(a) take into account, as appropriate, the need for proportionality between the seriousness of the infringement and the interests of third parties;
(b) be fair and equitable;
(c) not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays; and
(d) be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
3. Nothing in this Chapter affects the capacity of a State Party to enforce its laws and regulations in general or creates any obligation on a State Party to amend its existing laws and regulations as they relate to the enforcement of intellectual property rights. Without prejudice to the foregoing general principles, nothing in this Chapter creates any obligation on the State Parties:
(a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general; or
(b) with respect to the distribution of resources as between enforcement of intellectual property rights and the enforcement of law in general.
ARTICLE 15.23
Publication of judicial decisions
In civil judicial proceedings instituted for infringement of an intellectual property right, each State Party shall take appropriate measures, pursuant to its laws, regulations and policies, to publish or make available to the public information on final judicial decisions. Nothing in this Article shall require a State Party to disclose confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.
ARTICLE 15.24
Legal costs
Each State Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning infringement of intellectual property rights, that the prevailing party be awarded payment by the losing party of court costs or fees and appropriate attorney's fees, or any other expenses as provided for under that State Party's laws and regulations.
SECTION D
COOPERATION
ARTICLE 15.25
Cooperation
1. The Parties agree to cooperate with a view to supporting the implementation of the commitments and obligations undertaken in this Chapter. Areas of cooperation include, but are not limited to, the following activities:
(a) exchange of information on legal frameworks concerning intellectual property rights, including those pertaining to the implementation of intellectual property legislation and systems, aimed at promoting the efficient registration of intellectual property rights;
(b) exchange of information and cooperation on public outreach and appropriate initiatives to promote awareness of the benefits of intellectual property rights and systems; and
(c) any other areas of cooperation or activities as may be discussed and agreed between the Parties.
2. Cooperation under this Chapter shall be carried out subject to each State Party's laws, rules, regulations, directives or policies. Cooperation shall also be on mutually agreed terms and conditions and be subject to the availability of resources of each State Party.
Chapter 16. MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
ARTICLE 16.1
General principles
1. Recognising that micro, small and medium-sized enterprises and entrepreneurs (hereinafter referred to as "MSMEs" in this Chapter) contribute significantly to development, economic growth, employment, and innovation, and further recognising the existing robust dialogue amongst the Parties on ways to increase MSMEs' participation in trade and cooperation on MSMEs, the Parties seek to continue supporting the growth and development of MSMEs by enhancing the ability of MSMEs to participate in and benefit from the opportunities created by this Agreement.
2. The Parties acknowledge the importance of promoting an environment that facilitates and supports the development, growth and competitiveness of MSMEs, recognising their participation in domestic markets as well as in international trade, and their contribution in achieving inclusive economic growth, sustainable development and enhanced productivity.
3. Recognising the fundamental role of MSMEs in maintaining dynamism and enhancing the competitiveness of the economies of the respective Parties, the Parties shall promote cooperation on MSMEs with the purpose of contributing to the expansion, diversification and deepening of economic and commercial ties between the Parties, strengthening productive sectors, and promoting the growth of and job creation by MSMEs.
4. The Parties also acknowledge that improving MSMEs' competitiveness and productivity may further enhance MSMEs' ability to benefit from trade and investment opportunities that arise under this Agreement.
5. The Parties also recognise the importance of innovation for MSMEs' competitiveness and productivity, and the importance of enhanced access to information, financing and networking in facilitating the innovation process.
ARTICLE 16.2
Information sharing
1. Each State Party shall establish or maintain its own publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement, including all Annexes and Appendices;
(b) a summary of this Agreement; and
(c) information designed for MSMEs that contains:
(i) a description of the provisions of this Agreement that the State Party considers relevant to MSMEs; and
(ii) any additional information that the State Party considers useful for MSMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each State Party shall include, in its website, links to:
(a) the equivalent websites of the other State Parties; and
(b) the websites of its government agencies and other appropriate entities that provide information which the State Party considers useful to any person interested in trading, investing or doing business in that State Party's territory.
3. Subject to each State Party's laws and regulations, the information described in subparagraph (b) of paragraph 2 may include:
(a) customs regulations and procedures;
(b) regulations and procedures concerning intellectual property rights;
(c) technical regulations, standards, and sanitary and phytosanitary measures relating to importation and exportation;
(d) foreign investment regulations;
(e) business registration procedures;
(f) trade promotion programmes;
(g) start-ups promotion programmes;
(h) MSMEs financing programmes, including export financing services and venture capital;
(i) employment regulations;
(j) taxation information; and
(k) statistics of economic relevance and other macro data of interest about the MSMEs sector.
4. Each State Party shall make its best efforts to ensure that the information mentioned in paragraphs 1, 2 and 3 is progressively uploaded and made accessible within three years after this Agreement enters into force. Each State Party shall regularly review the information and links on the website referred to in this Article to ensure that the information and links are up-to-date and accurate.
5. Each State Party shall ensure that the information mentioned in paragraphs 1, 2 and 3 is presented in a manner that is easily understandable and accessible for MSMEs. Where possible, each State Party shall endeavour to make the information available in more than one official language of the State Parties.
ARTICLE 16.3
Contact points on MSMEs
1. Each State Party shall designate and notify the other State Parties of its contact point on MSMEs, to facilitate communication between the State Parties on any matter covered by this Chapter.
2. The contact points shall:
(a) promote and coordinate the activities agreed upon in this Chapter;
(b) periodically evaluate the progress and the general functioning of the provisions of this Chapter and make recommendations, as appropriate;
(c) exchange information to assist in monitoring the implementation of this Agreement as it relates to MSMEs;
(d) recommend additional information that a State Party may include on its website referred to in Article 16.2 (Information sharing);
(e) review and coordinate the contact points' work programme with those of the Joint Committee, subcommittees, working groups and other bodies established under this Agreement, as well as those of other relevant international bodies, in order not to duplicate those work programmes and to identify appropriate opportunities for cooperation to improve the ability of MSMEs to engage in trade and investment opportunities provided by this Agreement; and
(f) consider any other matter pertaining to MSMEs as the contact points may decide, including any issues raised by MSMEs regarding their ability to benefit from this Agreement.
3. The contact points shall meet, in person or by any other technological means available, within one year of the date of entry into force of this Agreement, and thereafter as frequently as necessary.
4. The contact points may seek to collaborate with appropriate experts and international donor organisations in carrying out its programmes and activities.
ARTICLE 16.4
Cooperation on MSMEs
1. The Parties recognise the importance of promoting cooperation on MSMEs activities between the Parties to support the objectives of this Chapter.
2. The Parties also recognise the importance of involving the private sector and other relevant agencies in the development of these activities.
3. The Parties shall endeavour to promote cooperation especially, but not only, in the following areas of interest:
(a) policies and programmes to develop entrepreneurial capital, promote entrepreneurial culture and foster the development of dynamic MSMEs with high-growth potential;
(b) clusters in strategic sectors to increase competitiveness and productivity of MSMEs;
(c) local, regional and global value chains to enhance productive integration in sectors of interest;
(d) regulatory frameworks to facilitate entrepreneurship and MSMEs' development and innovation;
(e) platforms, programmes, MSMEs websites, communication and technology (ICT) instruments to facilitate MSMEs' access to international markets and to relevant information;
(f) internationalisation of MSMEs;
(g) promotion of women's participation and entrepreneurship in MSMEs to enhance their contribution to the economy and trade;
(h) policies and programmes that promote the digital transformation of MSMEs, the digital economy, and Industry 4.0; and
(i) policies and programmes that promote access to capital, credit and reciprocal guarantees for MSMEs.
4. The Parties shall endeavour to cooperate especially, but not only, in the following ways:
(a) facilitating the exchange of information on best public policy practices, successful experiences, and relevant information and know-how in supporting and assisting MSMEs, such as the development and implementation of pre-incubation, incubation, accelerators, and MSMEs support centres.
(b) providing technical assistance, training, capacity building activities or any other mechanism for MSMEs to increase MSMEs' trade and investment opportunities;
(c) participating in joint programmes and pilot actions for MSMEs;
(d) promoting the organisation and joint execution of seminars, conferences, symposiums, business roundtables, or any other related activity to explore business, industrial and technical opportunities for MSMEs;
(e) developing new strategic partnerships and contacts between economic operators, and encouraging joint ventures and networks amongst MSMEs;
(f) facilitating MSMEs' access to financing mechanisms, developing innovative financing mechanisms for MSMEs, and providing up-to-date information to MSMEs about financing instruments available to them;
(g) supporting investment by MSMEs and transfer of know-how and technology to MSMEs;
5. The Parties recognise that in addition to the provisions in this Article, there are other provisions in the Agreement that seek to enhance cooperation between the Parties on issues concerning MSMEs or issues of particular benefit to MSMEs.
ARTICLE 16.5
Consultations
The Parties shall make their best efforts to resolve any matter that may arise regarding the interpretation and application of this Chapter through dialogue, consultations and cooperation.
ARTICLE 16.6
Non-application of dispute settlement
The Parties shall not have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 17. TRANSPARENCY
ARTICLE 17.1
Definitions
For the purposes of this Chapter:
''administrative ruling of general application'' means an administrative ruling or interpretation that applies to all persons and factual situations that fall generally within its ambit and that establishes a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or, where available in a Party's legal system, quasi-judicial proceeding that applies to a particular person, good, or service of another Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice; and
''interested person'' means any natural or juridical person that may be subject to any rights or obligations under a law, regulation, procedure, or administrative ruling of general application.
ARTICLE 17.2
Publication
Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, or otherwise made available in such a manner as to enable the other Parties and interested persons to become acquainted with them [1] .
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[1] The Parties understand that a Party is not required to publish every law, regulation, procedure or administrative ruling of general application referred to in Article 17.2 (Publication), and may instead make such information available through other means under its legal system that would enable other Parties and interested persons to become acquainted with them.
ARTICLE 17.3
Notification and provision of information
1. If a Party considers that any measure may materially affect the operation of this Agreement or otherwise substantially affect another Party's interests under this Agreement, the Party shall, to the maximum extent possible, promptly notify that other Party of the measure.
2. On request of any Party, the requested Party shall promptly provide information and respond to questions pertaining to any measure, whether or not the requesting Party has been previously notified of that measure [2] .
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
4. Any notification, request, or information under this Article shall be provided to the other Parties through the relevant contact points.
5. When the information required under paragraph 1 has been made available by notification to the WTO in accordance with its relevant rules and procedures or when the mentioned information has been made available on the official, publicly accessible and fee-free websites of the Parties, the notification required under paragraph 1 shall be considered to have taken place.
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[2] For greater certainty, this paragraph does not preclude a Party from taking the necessary steps under its legal system in order to provide information and respond to queries as referred to in this paragraph.
ARTICLE 17.4
Administrative proceedings
With a view to administering in a consistent, impartial and reasonable manner all measures referred to in Article 17.2 (Publication), each Party, in its administrative proceedings applying such measures to particular persons, goods or services of another Party in specific cases, shall:
(a) endeavour, to the extent possible, to provide persons of another Party that are directly affected by a proceeding with reasonable notice, in accordance with domestic procedures when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;
(b) afford such persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, insofar as time, the nature of the proceeding, and the public interest permit; and
(c) ensure that the procedures are in accordance with its law.
ARTICLE 17.5
Review of administrative actions
1. Each Party shall establish or maintain judicial, administrative or, where available in a Party’s legal system, quasi-judicial tribunals or procedures for the purposes of the prompt review and, where warranted, correction of administrative actions [3] relating to matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided for in its laws and regulations, that such decision shall be implemented by the office or authority with respect to the administrative action at issue.
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[3] For greater certainty, in the case of Singapore, the review of administrative actions can take the form of common law judicial review, and the correction of administrative actions may include a referral back to the body that took such action for corrective action.
ARTICLE 17.6