Australia - Peru FTA (2018)
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Article 17.38. Presumptions

In civil, criminal and, if applicable, administrative proceedings involving copyright or related rights, each Party shall provide for a presumption (19) that, in the absence of proof to the contrary:

(a) the person whose name is indicated in the usual manner (20) as the author, performer or producer of the work, performance or phonogram, or if applicable the publisher, is the designated right holder in that work, performance or phonogram; and

(b) the copyright or related right subsists in such subject matter.

(19) A Party may also provide that these presumptions are rebuttable presumptions that may be rebutted by evidence to the contrary.
(20) For greater certainty, a Party may establish the means by which it shall determine what constitutes the "usual manner".

Article 17.39. Enforcement Practices with Respect to Intellectual Property Rights

Each Party shall provide that final judicial decisions and administrative rulings of general application pertaining to the enforcement of intellectual property rights:

(a) are in writing and state any relevant findings of fact and the reasoning or the legal basis on which the decisions and rulings are based; and

(b) are published (21) or, if publication is not practicable, otherwise made available to the public in the national language of the Party in such a manner as to enable interested persons and Parties to become acquainted with them.

(21) For greater certainty, a Party may satisfy the requirement for publication by making the decision or ruling available to the public on the Internet.

Article 17.40. Civil Procedures and Remedies

1. Each Party shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered in this Chapter. (22)

2. Each Party shall provide that its judicial authorities have the authority to order injunctive relief that conforms to Article 44 of the TRIPS Agreement, including to prevent goods that involve the infringement of an intellectual property right under the law of the Party providing that relief from entering into the channels of commerce.

3. Each Party shall provide (23) (24) that, in civil judicial proceedings, its judicial authorities have the authority at least to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of an infringement of that person's intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity.

4. In determining the amount of damages under paragraph 3, each Party's judicial authorities shall have the authority to consider, among other things, any legitimate measure of value the right holder submits.

5. At least in cases of copyright or related rights infringement and trademark counterfeiting, each Party shall provide that, in civil judicial proceedings, its judicial authorities have the authority to order the infringer, at least in cases described in paragraph 3, to pay the right holder the infringer's profits that are attributable to the infringement (25).

6. Each Party shall provide that its judicial authorities, if appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning infringement of at least copyright or related rights, patents and trademarks, 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 the Party's law.

7. Each Party shall provide that in civil judicial proceedings:

(a) at least with respect to pirated copyright goods and counterfeit trademark goods, its judicial authorities have the authority, at the right holder's request, to order that the infringing goods be destroyed, except in exceptional circumstances, without compensation of any sort;

(b) its judicial authorities have the authority to order that materials and implements that have been used in the manufacture or creation of the infringing goods be, without undue delay and without compensation of any sort, destroyed or disposed of outside the channels of commerce in such a manner as to minimise the risk of further infringement; and

(c) in regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed is not sufficient, other than in exceptional circumstances, to permit the release of goods into the channels of commerce.

(22) For the purposes of this Article, the term "right holders" shall include those federations and associations that have the legal standing and authority to assert such rights.
(23) For greater certainty, there is no obligation for a Party to provide for the possibility of any of the remedies in paragraphs 3 and 5 to be ordered in parallel.
(24) Australia may also provide that the right holder may not be entitled to any of the remedies set out in paragraphs 3 and 5 if there is a finding of non-use of a trademark.
(25) A Party may comply with this paragraph through presuming those profits to be the damages referred to in paragraph 3.

Article 17.41. Provisional Measures

1. Each Party's authorities shall act on a request for relief in respect of an intellectual property right inaudita altera parte expeditiously in accordance with that Party's judicial rules.

2. Each Party shall provide that its judicial authorities have the authority to require the applicant for a provisional measure in respect of an intellectual property right to provide any reasonably available evidence in order to satisfy the judicial authority, with a sufficient degree of certainty, that the applicant's right is being infringed or that the infringement is imminent, and to order the applicant to provide security or equivalent assurance set at a level sufficient to protect the defendant and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to those procedures.

3. Incivil judicial proceedings concerning copyright or related rights infringement and trademark counterfeiting, each Party shall provide that its judicial authorities have the authority to order the seizure or other taking into custody of suspected infringing goods, materials and implements relevant to the infringement, and, at least for trademark counterfeiting, documentary evidence relevant to the infringement.

Article 17.42. Special Requirements Related to Border Measures

1. Each Party shall provide for applications to suspend the release of, or to detain, any suspected counterfeit or confusingly similar trademark or pirated copyright goods that are imported into the territory of the Party (26).

2. Each Party shall provide that any right holder initiating procedures for its competent authorities (27) to suspend release of suspected counterfeit or confusingly similar trademark or pirated copyright goods into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the law of the Party providing the procedures, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information that may reasonably be expected to be within the right holder's knowledge to make the suspect goods reasonably recognisable by its competent authorities. The requirement to provide that information shall not unreasonably deter recourse to these procedures.

3. Each Party shall provide that its competent authorities have the authority to require a right holder initiating procedures to suspend the release of suspected counterfeit or confusingly similar trademark or pirated copyright goods, to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Each Party shall provide that such security or equivalent assurance does not unreasonably deter recourse to these procedures. A Party may provide that the security may be in the form of a bond conditioned to hold the defendant harmless from any loss or damage resulting from any suspension of the release of goods in the event the competent authorities determine that the article is not an infringing good.

4. Each Party shall provide that its competent authorities may initiate border measures ex officio with respect to goods under customs control that are:

(a) imported; or

(b) destined for export.

5. Each Party shall adopt or maintain a procedure by which its competent authorities may determine after the initiation of the procedures described in paragraph 1, whether the suspect goods infringe an intellectual property right. If a Party provides administrative procedures for the determination of an infringement, it may also provide its authorities with the authority to impose administrative penalties or sanctions, which may include fines or the seizure of the infringing goods following a determination that the goods are infringing.

(26) For the purposes of this Article: (a) counterfeit trademark goods means any goods, including packaging, bearing without authorisation a trademark that is identical to the trademark validly registered in respect of such goods, or that cannot be distinguished in its essential aspects from such a trademark, and that thereby infringes the rights of the owner of the trademark in question under the law of the Party providing the procedures under this Section; and (b) pirated copyright goods means any goods that are copies made without the consent of the tight holder or person duly authorised by the right holder in the country of production and that are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the Party providing the procedures under this Section.
(27) For the purposes of this Article, unless otherwise specified, competent authorities may include the appropriate judicial, administrative or law enforcement authorities under a Party's law.

Article 17.43. Criminal Procedures and Penalties

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale.

2. Each Party shall treat wilful importation or exportation of counterfeit trademark goods or pirated copyright goods on a commercial scale as unlawful activities subject to criminal penalties. (28)

(28) The Parties understand that a Party may comply with its obligation under this paragraph by providing that distribution or sale of counterfeit trademark goods or pirated copyright goods on a commercial scale is an unlawful activity subject to criminal penalties.

Chapter 18. Labour

Article 18.1. Definitions

For the purposes of this Chapter:

labour laws means laws and regulations, (1) or provisions of laws and regulations, of a Party that are directly related to the following internationally recognised labour rights:

(a) freedom of association and the effective recognition of the right to collective bargaining;

(b) the elimination of all forms of forced or compulsory labour;

(c) the effective abolition of child labour, a prohibition on the worst forms of child labour and other labour protections for children and minors; and

(d) the elimination of discrimination in respect of employment and occupation.

(1) For Australia, "laws and regulations" and "laws or regulations" means Acts of the Commonwealth Parliament, or regulations made by the Governor-General in Council under delegated authority under an Act of the Commonwealth Parliament. For greater certainty this definition provides coverage for substantially all workers

Article 18.2. Statement of Shared Commitments

The Parties affirm their obligations as members of the International Labour Organization (ILO).

Article 18.3. Fundamental Labour Rights

The Parties, in accordance with their obligations as members of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998) (ILO Declaration), shall endeavor to adopt and maintain in their labour laws and ptactices thereunder, the principles as stated in the ILO Declaration.

Article 18.4. Application and Enforcement of Labour Laws

1. Neither Party shall fail to effectively enforce its labour laws, including those it adopts or maintains in accordance with Article 18.3, through a sustained or recurring course of action or inaction, in a manner substantially affecting trade or investment between the Parties.

2. Neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour laws implementing Article 18.3, in a manner substantially affecting trade or investment between the Parties, where the waiver or derogation would be inconsistent with the principles as stated in the ILO Declaration.

Article 18.5. Procedural Guarantees and Public Awareness

1. Each Party shall ensure that persons with a recognised interest in a particular matter under its labour laws have appropriate access to impartial and independent tribunals for the enforcement of the Party's labour laws. Such tribunals may include administrative, quasi-judicial, judicial, or labour tribunals, as provided for in the Party's law.

2. Each Party shall ensure that proceedings before such tribunals for the enforcement of its labour laws are fair, equitable and transparent. To this end, each Party shall ensure that:

(a) such proceedings comply with due process of law;

(b) any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires;

(c) the parties to such proceedings are entitled to support or defend their respective positions including by presenting information or evidence; and

(d) such proceedings do not entail unreasonable charges, or time limits, or unwarranted delays.

3. Each Party shall provide that parties to such proceedings may seek existing remedies to ensure the enforcement of their rights under its labour laws.

4. Each Party shall promote public awareness of its labour laws, including by:

(a) ensuring the availability of public information related to its labour laws and enforcement and compliance procedures; and

(b) encouraging education of the public regarding its labour laws.

Article 18.6. Contact Points

Each Party shall designate a contact point for labour matters in order to facilitate communication between the Parties. Unless otherwise notified, for the purposes of this paragraph, the contact point shall be:

(a) for Australia, the Department of Employment, or its successor; and

(b) for Peru, the Ministry of Labour and Employment Promotion , or its successor.

Article 18.7. Labour Cooperation

1. The Parties recognise that cooperation on labour issues plays an important role in advancing development in the territories of the Parties, enhancing opportunities to improve labour standards and further advancing common commitments regarding labour matters, including the principles embodied in the ILO Declaration and ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June, 1999.

2. The Parties may cooperate on labour matters of mutual interest and explore ways to further advance labour standards. Cooperative activities may include work on labour laws and practices in the context of the ILO Declaration, and other matters as mutually agreed between the Parties.

Chapter 19. Environment

Article 19.1. Definitions

For the purposes of this Chapter:

environmental law means a law or regulation of a Party, or provision thereof, including any that implements the Party's obligations under a multilateral environmental agreement, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:

(a) the prevention, abatement or control of: the release, discharge or emission of pollutants or environmental contaminants or greenhouse gases;

(b) the control of environmentally hazardous or toxic chemicals, substances, materials or wastes, and the dissemination of information related thereto; or

(c) the protection or conservation of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas,

but does not include a law or regulation, or provision thereof, directly related to worker safety or health, nor any law or regulation, or provision thereof, the primary purpose of which is managing the subsistence or aboriginal harvesting of natural resources; and

law or regulation means:

(a) for Australia, an Act of the Commonwealth Parliament, or a regulation made by the Governor-General in Council under delegated authority under an Act of the Commonwealth Parliament, that is enforceable at the central level of government; and

(b) for Peru, a law of Congress, Legislative Decree, Decree or Resolution promulgated by the central level of government to implement a law of Congress that is enforceable by action of the central level of government.

Article 19.2. Objectives

1. The objectives of this Chapter are to promote mutually supportive trade and environmental policies; promote high levels of environmental protection and effective enforcement of environmental laws; and enhance capacities of the Parties to address trade-related environmental issues, including through cooperation.

2. The Parties further recognise that it is inappropriate to establish or use their environmental laws or other measures in a manner which would constitute a disguised restriction on trade or investment between the Parties.

Article 19.3. General Commitments

1. The Parties recognise the importance of mutually supportive trade and environmental policies and practices to improving environmental protection in the furtherance of sustainable development.

2. The Parties recognise the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt or modify its environmental laws and policies accordingly.

3. Without prejudice to paragraph 2, each Party recognises that it is inappropriate to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental laws.

4. Each Party shall strive to ensure that its environmental laws and policies encourage high levels of environmental protection and continue to improve its respective levels of environmental protection.

5. Nothing in this Chapter shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.

Article 19.4. Multilateral Environmental Agreements

1. The Parties recognise that multilateral environmental agreements to which they are party play an important role, globally and domestically, in protection of the environment and that their respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly, each Party affirms its commitment to implement the multilateral environmental agreements to which it is party.

2. The Parties emphasise the need to enhance the mutual supportiveness between trade and environmental laws and policies, through dialogue between the Parties on trade and environmental issues of mutual interest, particularly with respect to multilateral environmental agreements and international trade agreements to which both Parties are party.

3. The Parties recognise the importance of conservation and sustainable use of biological diversity, and their key role in achieving sustainable development.

Accordingly, each Party shall promote and encourage the conservation and sustainable use of biological diversity, in accordance with its law or policy and international agreements to which they are party. (1)

4. The Parties further recognise (2) that they require, through and in accordance with national measures: prior informed consent to access such genetic resources and, where such access is granted, the establishment of mutually agreed terms, including with respect to sharing of benefits from the use of such genetic resources, between users and providers.

5. The Parties also acknowledge that access to traditional knowledge associated with genetic resources from providers, as well as the equitable sharing of benefits that may result from the utilisation of that traditional knowledge, may be addressed through contracts that reflect mutually agreed terms between users and providers.

6. Parties shall cooperate to address matters of mutual interest related to trade and biodiversity in accordance with relevant international obligations and with their laws and policies.

7. The Parties acknowledge that climate change requires collective action, and recognise the importance of implementation of their respective commitments under the multilateral agreements to which they are party. (3) Recognising that each Party's actions should reflect domestic circumstances and capabilities, the Parties shall, as appropriate, cooperate to address matters of joint or common interest.

8. The Parties affirm the importance of combating the illegal trade in wild fauna and flora. Accordingly, each Party shall adopt, maintain and implement laws, regulations and any other measures to fulfil its obligations under the multilateral environmental agreements to which they are party. (4)

(1) For greater certainty, for each Party, this provision pertains to obligations under the Convention on Biological Diversity, done at Rio de Janeiro on 5 June, 1992, and obligations within its related legal instruments, to which it is Party.
(2) The Parties understand that the requirements established in this paragraph apply to the extent required by each Party's legislation for access to genetic resources for commercial or potentially commercial purposes, and, to the extent required by each Party's legislation, for non-commercial purposes.
(3) For greater certainty, for each Party, this provision relates to obligations under the United Nations Framework Convention on Climate Change done at New York on 9 May, 1992, and obligations within its related legal instruments, to which it is party.
(4) For greater certainty, for each Party, this provision relates to obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington D.C. on 3 March, 1973, to which it is Party.

Article 19.5. Environmental Consultations

1. Each Party shall designate and notify a contact point on Environment, to facilitate communications between the Parties on any matter covered by this Chapter.

2. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the contact point of the other Party. Consultations shall commence promptly after a Party delivers a request for consultations to the contact point of the other Party. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.

Article 19.6. Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 27 (Dispute Settlement) for any matter arising under this Chapter.

Chapter 20. Cooperation and Capacity Building

Article 20.1. General Provisions

1. The Parties shall establish a framework for cooperation and capacity building activities and shall undertake and strengthen these activities to assist in implementing this Agreement and enhancing its benefits, with the intention of accelerating economic growth and sustainable development.

2. The Parties recognise that cooperation and capacity building activities may be undertaken between the Parties, on a mutually agreed basis, and shall seek to complement and build on existing agreements or arrangements between them.

3. The Parties also recognise that the involvement of the private sector is important in these activities, and that SMEs may require assistance in participating in global markets.

Article 20.2. Areas of Cooperation and Capacity Building

1. The Parties may undertake and strengthen cooperation and capacity building activities to assist in:

(a) implementing the provisions of this Agreement;

(b) education, human capital development, culture and gender equality;

(c) innovation, technology, research and development;

(d) mining and energy;

(e) water management and sanitation;

(f) tourism and gastronomy;

(g) protection of vulnerable groups, including women, children, people with disabilities and indigenous people; and

(h) disaster risk management.

3. The Parties recognise that technology and innovation provide added value to cooperation and capacity building activities, and may be incorporated into cooperation and capacity building activities under this Article.

4. Cooperation and capacity building activities may include, but should not be limited to: dialogues, workshops, seminars, conferences, collaborative programmes and projects; technical assistance to promote and facilitate capacity building and training; the sharing of best practices on policies and procedures; the exchange of experts, information and technology; and the encouragement of private sector cooperation.

Article 20.3. Contact Points for Cooperation and Capacity Building

1. Each Party shall designate and notify a contact point on Cooperation and Capacity Building to facilitate communications between the Parties on any matter covered by this Chapter.

2. A Party may make a request for cooperation and capacity building activities related to this Agreement to the other Party through the contact points.

Article 20.4. Committee on Cooperation and Capacity Building

1. The Parties hereby establish a Committee on Cooperation and Capacity Building (Committee), composed of government representatives of each Party.

2. The Committee shall:

(a) discuss and consider issues or proposals for future cooperation and capacity building activities;

(b) initiate and undertake collaboration, as appropriate, to enhance donor coordination and facilitate public-private partnerships in cooperation and capacity building activities;

(c) invite, as appropriate, international donor institutions, private sector entities, non-governmental organisations, academic sector or other relevant institutions, to assist in the development and implementation of cooperation and capacity building activities;

(d) establish ad hoc working groups, as appropriate, which may include government representatives, non-government representatives or both;

(e) coordinate with any other subsidiary bodies established under this Agreement as appropriate, in support of the development and implementation of cooperation and capacity building activities;

(f) review the implementation or operation of this Chapter; and

(g) engage in other activities as the Parties may decide.

3. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.

4. The Committee shall produce an agreed record of their meetings, including decisions and next steps and, as appropriate, report to the Joint Commission.

Article 20.5. Resources

  • Chapter   1 Initial provisions and general definitions 1
  • Section   A Initial provisions 1
  • Article   1.1 Establishment of a free trade area 1
  • Article   1.2 Relation to other agreements 1
  • Section   B General definitions 1
  • Article   1.3 General definitions 1
  • Chapter   2 National treatment and market access for goods 1
  • Section   A Definitions and scope 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Section   B National treatment and market access for goods 1
  • Article   2.3 National treatment 1
  • Article   2.4 Elimination of customs duties 1
  • Article   2.5 Waiver of customs duties 1
  • Article   2.6 Goods re-entered after repair and alteration 1
  • Article   2.7 Duty-free entry of commercial samples of negligible value and printed advertising material 1
  • Article   2.8 Temporary admission of goods 2
  • 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 Treatment of certain spirits 2
  • Article   2.14 Committee on goods 2
  • Section   C Agriculture 2
  • Article   2.15 Definitions 2
  • Article   2.16 Scope 2
  • Article   2.17 Agricultural export subsidies 2
  • Article   2.18 Trade of products of modern biotechnology 2
  • ANNEX 2-A  National treatment and import and export restrictions 2
  • ANNEX 2-B  Tariff commitments 2
  • ANNEX 2-B  Schedule of australia 2
  • ANNEX 2-B  Schedule of peru 2
  • Chapter   3 Rules of origin and origin procedures 2
  • Section   A Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 3
  • Article   3.3 Wholly obtained or produced goods 3
  • Article   3.4 Regional value content 3
  • Article   3.5 Materials used in production 3
  • Article   3.6 Value of materials used in production 3
  • Article   3.7 Further adjustments to the value of materials 3
  • Article   3.8 Accumulation 3
  • Article   3.9 De minimis 3
  • Article   3.10 Fungible goods or materials 3
  • Article   3.11 Accessories, spare parts, tools and instructional or other information materials 3
  • Article   3.12 Packaging materials and containers for retail sale 3
  • Article   3.13 Packing materials and containers for shipment 3
  • Article   3.14 Indirect materials 3
  • Article   3.15 Sets of goods 3
  • Article   3.16 Transport through non- parties 3
  • Section   B Origin procedures 3
  • Article   3.17 Claims for preferential treatment 3
  • Article   3.18 Basis of a certificate of origin 3
  • Article   3.19 Discrepancies and minor errors 3
  • Article   3.20 Waiver of certificate of origin 3
  • Article   3.21 Obligations relating to importation 3
  • Article   3.22 Record keeping requirements 3
  • Article   3.24 Determinations on claims for preferential tariff treatment 4
  • Article   3.25 Refunds and claims for preferential tariff treatment after importation 4
  • Article   3.26 Penalties 4
  • Article   3.27 Confidentiality 4
  • ANNEX 3-A  Data requirements 4
  • ANNEX 3-B  Product-specific rules of origin 4
  • Section   A General interpretative notes 4
  • ANNEX 3-B  Product-specific rules of origin 4
  • Section   A General interpretative notes 4
  • Chapter   4 Customs administration and trade facilitation 4
  • Article   4.1 Customs procedures 4
  • Article   4.2 Cooperation 4
  • Article   4.3 Advance rulings 4
  • Article   4.4 Response to requests for advice or information 4
  • Article   4.5 Review and appeal 5
  • Article   4.7 Express shipments 5
  • Article   4.8 Penalties 5
  • Article   4.9 Risk management 5
  • Article   4.10 Release of goods 5
  • Article   4.11 Publication 5
  • Article   4.12 Confidentiality 5
  • Chapter   5 Trade remedies 5
  • Section   A Safeguard measures 5
  • Article   5.1 Definitions 5
  • Article   5.2 Global safeguards 5
  • Article   5.3 Imposition of transitional safeguard measure 5
  • Article   5.4 Investigation procedures and transparency requirements 5
  • Article   5.5 Standards for a transitional safeguard measure 5
  • Article   5.6 Notification and consultation 5
  • Article   5.7 Compensation 5
  • Article   5.8 Relation to other safeguard measures 5
  • Section   B Antidumping and countervailing duties 5
  • Article   5.9 Antidumping and countervailing duties 5
  • Chapter   6 Sanitary and phytosanitary measures 5
  • Article   6.1 Definitions 5
  • Article   6.2 Scope 5
  • Article   6.3 Reaffirmation of rights and obligations under the wto 5
  • Article   6.5 Committee on sps measures 5
  • Article   6.6 Adaptation to regional conditions, including pest- or disease-free areas and areas of low pest or disease prevalence 5
  • Article   6.7 Equivalence 6
  • Article   6.8 Science and risk analysis 6
  • Article   6.9 Transparency 6
  • Article   6.10 Contact points 6
  • Article   6.11 Cooperation 6
  • Article   6.12 Technical consultations 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 International standards, guides and recommendations 6
  • Article   7.6 Conformity assessment 6
  • Article   7.7 Transparency 6
  • Article   7.8 Compliance period for technical regulations and conformity assessment procedures 6
  • Article   7.9 Cooperation and trade facilitation 6
  • Article   7.10 Information exchange and technical discussions 6
  • Article   7.11 Contact points 6
  • ANNEX 7-A  Wine and distilled spirits 6
  • ANNEX 7-B  Organic products 7
  • Chapter   8 Investment 7
  • Section   A Investment 7
  • Article   8.1 Definitions 7
  • Article   8.2 Scope 7
  • Article   8.3 Relation to other chapters 7
  • Article   8.4 National treatment (7) 7
  • Article   8.5 Most-favoured-nation treatment 7
  • Article   8.6 Minimum standard of treatment (8) 7
  • Article   8.7 Treatment in case of armed conflict or civil strife 7
  • Article   8.8 Expropriation and compensation (9) 7
  • Article   8.9 Transfers 7
  • Article   8.10 Performance requirements 8
  • Article   8.11 Senior management and boards of directors 8
  • Article   8.12 Non-conforming measures 8
  • Article   8.13 Subrogation 8
  • Article   8.14 Special formalities and information requirements 8
  • Article   8.15 Denial of benefits (16) 8
  • Article   8.16 Investment and environmental, health and other regulatory objectives 8
  • Article   8.17 Corporate social responsibility 8
  • Article   8.18 General exceptions 8
  • Section   B Investor-state dispute settlement (17) 8
  • Article   8.19 Consultation and negotiation 8
  • Article   8.20 Submission of a claim to arbitration 8
  • Article   8.21 Consent of each party to arbitration 8
  • Article   8.22 Conditions and limitations on consent of each party 8
  • Article   8.23 Selection of arbitrators 8
  • Article   8.24 Conduct of the arbitration 8
  • Article   8.25 Transparency of arbitral proceedings 8
  • Article   8.26 Governing law 9
  • Article   8.27 Interpretation of annexes 9
  • Article   8.28 Expert reports 9
  • Article   8.29 Consolidation 9
  • Article   8.30 Awards 9
  • Article   8.31 Service of documents 9
  • ANNEX 8-A  Customary international law 9
  • ANNEX 8-B  Expropriation 9
  • ANNEX 8-C  Service of documents on a party under section b 9
  • ANNEX 8-D  Foreign investment framework 9
  • ANNEX 8-E  Public debt 9
  • ANNEX 8-F  Submission of a claim to arbitration 9
  • Chapter   9 Cross-border trade in services 9
  • Article   9.1 Definitions 9
  • Article   9.2 Scope 9
  • Article   9.3 National treatment (2) 10
  • Article   9.4 Most-favoured-nation treatment 10
  • Article   9.5 Market access 10
  • Article   9.6 Local presence 10
  • Article   9.7 Non-conforming measures 10
  • Article   9.8 Domestic regulation 10
  • Article   9.9 Recognition 10
  • Article   9.10 Denial of benefits 10
  • Article   9.11 Transparency 10
  • Article   9.12 Payments and transfers 10
  • ANNEX 9-A  Professional services 10
  • Chapter   10 Financial services 10
  • Article   10.1 Definitions 10
  • Article   10.2 Scope 11
  • Article   10.3 National treatment (3) 11
  • Article   10.4 Most-favoured-nation treatment 11
  • Article   10.5 Market access for financial institutions 11
  • Article   10.6 Cross-border trade 11
  • Article   10.7 New financial services (5) 11
  • Article   10.8 Treatment of certain information 11
  • Article   10.9 Senior management and boards of directors 11
  • Article   10.10 Non-conforming measures 11
  • Article   10.11 Exceptions 11
  • Article   10.12 Recognition 11
  • Article   10.13 Transparency and administration of certain measures 11
  • Article   10.14 Self-regulatory organisations 11
  • Article   10.15 Payment and clearing systems 11
  • Article   10.16 Expedited availability of insurance services 11
  • Article   10.17 Performance of back-office functions 11
  • Article   10.18 Consultations 11
  • Article   10.19 Dispute settlement 11
  • Article   10.20 Portfolio management 11
  • Article   10.21 Transfer of information 12
  • Article   10.22 Transparency considerations 12
  • ANNEX 10-A  Cross-border trade 12
  • ANNEX 10-B  Authorities responsible for financial services 12
  • Chapter   11 Temporary entry for business persons 12
  • Article   11.1 Definitions 12
  • Article   11.2 Scope 12
  • Article   11.3 Application procedures 12
  • Article   11.4 Grant of temporary entry 12
  • Article   11.5 Provision of information 12
  • Article   11.6 Committee on temporary entry for business persons 12
  • Article   11.7 Cooperation 12
  • Article   11.8 Relation to other chapters 12
  • Article   11.9 Dispute settlement 12
  • ANNEX 11-A  Schedule of australia 12
  • ANNEX 11-A  Schedule of peru 12
  • Chapter   12 Telecommunications 12
  • Article   12.1 Definitions 12
  • Article   12.2 Scope 12
  • Article   12.3 Approaches to regulation 13
  • Article   12.4 Access to and use of public telecommunications services (2) 13
  • Article   12.5 Obligations relating to suppliers of public telecommunications services 13
  • Article   12.6 International mobile roaming 13
  • Article   12.7 Treatment by major suppliers of public telecommunications services 13
  • Article   12.8 Competitive safeguards 13
  • Article   12.9 Resale 13
  • Article   12.10 Unbundling of network elements by major suppliers 13
  • Article   12.11 Interconnection with major suppliers 13
  • Article   12.12 Provisioning and pricing of leased circuits services by major suppliers 13
  • Article   12.13 Co-location by major suppliers 13
  • Article   12.14 Access to poles, ducts, conduits and rights-of-way owned or controlled by major suppliers 13
  • Article   12.15 Independent regulatory bodies and government ownership 13
  • Article   12.16 Universal service 13
  • Article   12.17 Licensing process 13
  • Article   12.18 Allocation and use of scarce resources 13
  • Article   12.19 Enforcement 13
  • Article   12.20 Resolution of telecommunications disputes 13
  • Article   12.21 Transparency 13
  • Article   12.22 Flexibility in the choice of technology 14
  • Article   12.23 Relation to other chapters 14
  • Article   12.24 Relation to international organisations 14
  • ANNEX 12-A  Rural telephone suppliers — peru 14
  • Chapter   13 Electronic commerce 14
  • Article   13.1 Definitions 14
  • Article   13.2 Scope and general provisions 14
  • Article   13.3 Customs duties 14
  • Article   13.4 Non-discriminatory treatment of digital products 14
  • Article   13.5 Domestic electronic transactions framework 14
  • Article   13.6 Electronic authentication and electronic signatures 14
  • Article   13.7 Online consumer protection 14
  • Article   13.8 Personal information protection 14
  • Article   13.9 Paperless trading 14
  • Article   13.10 Principles on access to and use of the internet for electronic commerce 14
  • Article   13.11 Cross-border transfer of information by electronic means 14
  • Article   13.12 Location of computing facilities 14
  • Article   13.13 Unsolicited commercial electronic messages 14
  • Article   13.14 Cooperation 14
  • Article   13.15 Cooperation on cybersecurity matters 14
  • Article   13.16 Source code 14
  • Chapter   14 Government procurement 14
  • Article   14.1 Definitions 14
  • Article   14.2 Scope 15
  • Article   14.3 Exceptions 15
  • Article   14.4 General principles 15
  • Article   14.5 Publication of procurement information 15
  • Article   14.6 Notices of intended procurement 15
  • Article   14.7 Conditions for participation 15
  • Article   14.8 Qualification of suppliers 15
  • Article   14.9 Limited tendering 15
  • Article   14.10 Technical specifications 16
  • Article   14.11 Tender documentation 16
  • Article   14.12 Time periods 16
  • Article   14.13 Treatment of tenders and awarding of contracts 16
  • Article   14.14 Post-award information information provided to suppliers 16
  • Article   14.15 Disclosure of information provision of information to parties 16
  • Article   14.16 Ensuring integrity in procurement practices 16
  • Article   14.17 Domestic review 16
  • Article   14.18 Modifications and rectifications of annex 14-a 16
  • Article   14.19 Facilitation of participation by smes 16
  • Article   14.20 Cooperation 16
  • Article   14.21 Contact points on government procurement 16
  • Chapter   15 Competition policy 16
  • Article   15.1 Competition law and authorities and anticompetitive business conduct 16
  • Article   15.2 Procedural fairness in competition law enforcement 16
  • Article   15.3 Private rights of action 17
  • Article   15.4 Cooperation 17
  • Article   15.5 Technical cooperation 17
  • Article   15.6 Consumer protection 17
  • Article   15.7 Transparency 17
  • Article   15.8 Consultations 17
  • Article   15.9 Non-application of dispute settlement 17
  • Chapter   16 State-owned enterprises and designated monopolies 17
  • Article   16.1 Definitions 17
  • Article   16.2 Scope (8) 17
  • Article   16.3  Delegated authority 17
  • Article   16.4 Non-discriminatory treatment and commercial considerations 17
  • Article   16.5 Courts and administrative bodies 17
  • Article   16.6 Non-commercial assistance 17
  • Article   16.7 Adverse effects 18
  • Article   16.8 Injury 18
  • Article   16.9 Party-specific annexes 18
  • Article   16.10 Transparency 18
  • Article   16.11 Technical cooperation 18
  • Article   16.12 Contact points 18
  • Article   16.13 Exceptions 18
  • Article   16.14 Further negotiations 18
  • Article   16.15 Process for developing information 18
  • Chapter   17 Intellectual property 18
  • Section   A General provisions 18
  • Article   17.1 Definitions 18
  • Article   17.2 Objectives 18
  • Article   17.3 Principles 18
  • Article   17.4 Understandings in respect of this chapter 18
  • Article   17.5 Nature and scope of obligations 18
  • Article   17.6 Understandings regarding certain public health measures 18
  • Article   17.7 International agreements 19
  • Article   17.8 National treatment 19
  • Article   17.9 Transparency 19
  • Article   17.10 Application of chapter to existing subject matter and prior acts 19
  • Article   17.11 Exhaustion of intellectual property rights 19
  • Section   B Cooperation 19
  • Article   17.12 Contact points for cooperation 19
  • Article   17.13 Cooperation activities and initiatives 19
  • Article   17.14 Patent cooperation and work sharing 19
  • Article   17.15 Plant varieties 19
  • Article   17.16 Cooperation on genetic resources and traditional knowledge 19
  • Article   17.17 Cooperation on request 19
  • Section   C Genetic resources and traditional knowledge 19
  • Article   17.18 General provisions 19
  • Section   D Trademarks 19
  • Article   17.19 Types of signs registrable as trademarks 19
  • Article   17.20 Collective and certification marks 19
  • Article   17.21 Use of identical or similar signs 19
  • Article   17.22 Exceptions 19
  • Article   17.23 Well-known trademarks 19
  • Section   E Geographical indications 19
  • Article   17.24 Protection of geographical indications 19
  • Section   F Patents 19
  • Article   17.25 Patentable subject matter 19
  • Article   17.26 Exceptions 19
  • Article   17.27 Other use without authorisation of the right holder 19
  • Section   G Copyright and related rights 19
  • Article   17.28 Definitions 19
  • Article   17.29 Right of reproduction 19
  • Article   17.30 Right of communication to the public 19
  • Article   17.31 Right of distribution 19
  • Article   17.32 Related rights 19
  • Article   17.33 Application of article 18 of the berne convention and article 14.6 of the trips agreement 19
  • Article   17.34 Limitations and exceptions 19
  • Article   17.35 Balance in copyright and related rights systems 19
  • Article   17.36 Collective management 19
  • Section   H Enforcement 19
  • Article   17.37 General obligations 19
  • Article   17.38 Presumptions 19
  • Article   17.38 Presumptions 20
  • Article   17.39 Enforcement practices with respect to intellectual property rights 20
  • Article   17.40 Civil procedures and remedies 20
  • Article   17.41 Provisional measures 20
  • Article   17.42 Special requirements related to border measures 20
  • Article   17.43 Criminal procedures and penalties 20
  • Chapter   18 Labour 20
  • Article   18.1 Definitions 20
  • Article   18.2 Statement of shared commitments 20
  • Article   18.3 Fundamental labour rights 20
  • Article   18.4 Application and enforcement of labour laws 20
  • Article   18.5 Procedural guarantees and public awareness 20
  • Article   18.6 Contact points 20
  • Article   18.7 Labour cooperation 20
  • Chapter   19 Environment 20
  • Article   19.1 Definitions 20
  • Article   19.2 Objectives 20
  • Article   19.3 General commitments 20
  • Article   19.4 Multilateral environmental agreements 20
  • Article   19.5 Environmental consultations 20
  • Article   19.6 Dispute settlement 20
  • Chapter   20 Cooperation and capacity building 20
  • Article   20.1 General provisions 20
  • Article   20.2 Areas of cooperation and capacity building 20
  • Article   20.3 Contact points for cooperation and capacity building 20
  • Article   20.4 Committee on cooperation and capacity building 20
  • Article   20.5 Resources 21
  • Article   20.6 Non-application of Dispute Settlement 21
  • Chapter   21 Competitiveness and Business Facilitation 21
  • Article   21.1 Definitions 21
  • Article   21.2 Activities and Contact Points on Competitiveness and Business Facilitation 21
  • Article   21.3 Non-application of Dispute Settlement 21
  • Chapter   22 Development 21
  • Article   22.1 General Provisions 21
  • Article   22.2 Promotion of Development 21
  • Article   22.3 Broad-based Economic Growth 21
  • Article   22.4 Women and Economic Growth 21
  • Article   22.5 Education, Science and Technology, Research and Innovation 21
  • Article   22.6 Joint Development Activities 21
  • Article   22.7 Contact Points on Development 21
  • Article   22.8 Relation to other Chapters 21
  • Article   22.9 Non-application of Dispute Settlement 21
  • Chapter   23 Small and Medium-sized Enterprises 21
  • Article   23.1 General Provisions 21
  • Article   23.3 Information Sharing 21
  • Article   23.3 Activities and Contact Points on Smes 21
  • Article   23.4 Non-application of Dispute Settlement 21
  • Chapter   24 Regulatory Coherence 21
  • Article   24.1 Definitions 21
  • Article   24.2 General Provisions 21
  • Article   24.3 Scope of Covered Regulatory Measures 21
  • Article   24.4 Coordination and Review Processes or Mechanisms 21
  • Article   24.5 Implementation of Core Good Regulatory Practices 21
  • Article   24.6 Contact Points 21
  • Article   24.7 Cooperation 21
  • Article   24.8 Relation to other chapters 22
  • Article   24.9 Non-application of dispute settlement 22
  • Chapter   25 Transparency and anti-corruption 22
  • Section   A Definitions 22
  • Article   25.1 Definitions 22
  • Section   B Transparency 22
  • Article   25.2 Publication 22
  • Article   25.3 Administrative proceedings 22
  • Article   25.4 Review and appeal (2) 22
  • Article   25.5 Provision of information 22
  • Section   C Anti-corruption 22
  • Article   25.6 Scope 22
  • Article   25.7 Measures to combat corruption 22
  • Article   25.8 Promoting integrity among public officials 22
  • Article   25.9 Application and enforcement of anti-corruption laws 22
  • Article   25.10 Participation of private sector and society 22
  • Article   25.11 Relation to other agreements 22
  • Chapter   26 Administrative and institutional provisions 22
  • Article   26.1 Establishment of the joint commission 22
  • Article   26.2 Functions of the joint commission 22
  • Article   26.3 Decision-making 22
  • Article   26.4 Rules of procedure of the joint commission 22
  • Article   26.5 Contact points 22
  • Chapter   27 Dispute settlement 23
  • Section   A Dispute settlement 23
  • Article   27.1 Definitions 23
  • Article   27.2 Cooperation 23
  • Article   27.3 Scope 23
  • Article   27.4 Choice of forum 23
  • Article   27.5 Consultations 23
  • Article   27.6 Good offices, conciliation and mediation 23
  • Article   27.7 Establishment of a panel 23
  • Article   27.8 Terms of reference 23
  • Article   27.9 Composition of panels 23
  • Article   27.10 Qualifications of panellists 23
  • Article   27.11 Function of panels 23
  • Article   27.12 Rules of procedure for panels 23
  • Article   27.13 Role of experts 23
  • Article   27.14 Suspension or termination of proceedings 23
  • Article   27.15 Initial report 23
  • Article   27.16 Final report 23
  • Article   27.17 Implementation of final report 23
  • Article   27.18 Non-implementation — compensation and suspension of benefits 23
  • Article   27.19 Compliance Review 24
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 24
  • Article   27.20 Private Rights 24
  • Article   27.21 Alternative Dispute Resolution 24
  • Chapter   28 Exceptions and General Provisions 24
  • Section   A Exceptions 24
  • Article   28.1 General Exceptions 24
  • Article   28.2 Security Exceptions 24
  • Article   28.3 Temporary Safeguard Measures 24
  • Article   28.4 Taxation Measures 24
  • Section   B General Provisions 24
  • Article   28.5 Disclosure of Information 24
  • Chapter   29 Final Provisions 24
  • Article   29.1 Annexes, Appendices and Footnotes 24
  • Article   29.2 Amendments 24
  • Article   29.3 Amendment of the Wto Agreement 24
  • Article   29.4 Entry Into Force 24
  • Article   29.5 Termination 24
  • Article   29.6 Authentic Texts 24
  • ANNEX I  Explanatory notes 24
  • ANNEX I  Schedule of australia 24
  • ANNEX I  Schedule of peru 25
  • ANNEX II  Explanatory notes 26
  • ANNEX II  Schedule of australia 27
  • Appendix A  27
  • ANNEX II  Schedule of peru 27
  • ANNEX III  Explanatory notes 29
  • ANNEX III  Schedule of australia 29
  • Section   A 29
  • Section   B 29
  • ANNEX III  Schedule of peru 29
  • Section   A 29
  • Section   B 29
  • Letter terminating the agreement between australia and the republic of peru on the promotion and protection of investments 30