Australia - Japan EPA (2014)
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Article 16.3. National Treatment

1. Each Party shall accord to nationals of the other Party treatment no less favourable than the treatment it accords to its own nationals with regard to the protection of intellectual property, subject to the exceptions provided in the TRIPS Agreement.

2. The Parties may avail themselves of the exceptions permitted under paragraph 1 in relation to judicial and administrative procedures, including the designation of an address for service or the appointment of an agent within the jurisdiction of a Party, only where such exceptions are necessary to secure compliance with laws and regulations which are not inconsistent with the provisions of this Chapter and where such practices are not applied in a manner which would constitute a disguised restriction on trade.

Note: For the purposes of this Article, the term "protection" shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically covered in this Chapter. Further, for the purposes of this Article, the term "protection" includes the prohibition of circumvention of effective technological measures specified in paragraph 1 of Article 16.12.

Article 16.4. Streamlining of Procedural Matters

For the purposes of providing efficient administration of its intellectual property system, each Party shall take appropriate measures to streamline its administrative procedures concerning intellectual property.

Article 16.5. Acquisition and Maintenance of Intellectual Property Rights

1. In relation to the substantive examination of applications for patents, applications for registrations of new plant varieties and trade marks, and applications for registrations, or registrations, of industrial designs, neither Party shall refuse an application or a registration without notifying the applicant in writing of the reasons for such refusal and giving the applicant at least one opportunity, prior to the decision of refusal, to make amendments to the application or the registration and submit their written opinions. Each Party shall ensure that, where the examined application or registration is refused, the applicant has an opportunity to appeal against the decision of refusal.

2. Each Party shall, in accordance with its laws and regulations, maintain judicial or administrative tribunals or procedures for the purpose of the examination, review, correction, opposition, invalidation, revocation or cancellation, as appropriate, of a grant of a patent, or the registration of a new plant variety, trade mark or industrial design.

Article 16.6. Transparency

For the purposes of further promoting transparency in the administration of its intellectual property system, cach Party shall, in accordance with its laws and regulations, take appropriate measures to:

(a) publish, on the Internet or otherwise, information on:

(i) applications for patents;

(ii) grants of patents;

(iii) registrations of industrial designs;

(iv) applications for registration of trade marks;

(v) registrations of trade marks;

(vi) applications for registration of new varieties of plants; and

(vii) registrations of new varieties of plants,

and make available to the public information contained in dossiers for the above applications, grants and registrations;

(b) make available to the public information on applications for the suspension by its competent authorities of the release of goods suspected of infringing intellectual property rights as a border measure;

(c) make available to the public information on its efforts to ensure effective enforcement of intellectual property rights; and

(d) make available to the public, on the Internet or otherwise, other information with regard to its intellectual property system, including laws, regulations and guidelines.

Article 16.7. Promotion of Public Awareness of Protection of Intellectual Property

The Parties shall take necessary measures to promote public awareness of protection of intellectual property including educational and dissemination projects on the use of intellectual property as well as on the enforcement of intellectual property rights.

Article 16.8. Patents

The Parties shall cooperate to enhance mutual utilisation of search and examination results so as to allow applicants to obtain patents in an efficient and expeditious manner.

Article 16.9. Trade Marks

Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trade mark. Such signs, in particular words including personal names, letters, numerals, figurative elements, three-dimensional shapes and combinations of colours as well as any combination of such signs, shall be eligible for registration as a trade mark. Where signs are not inherently capable of distinguishing the relevant goods or services, each Party may make eligibility for registration depend on distinctiveness acquired through use.

Article 16.10. Geographical Indications

1. Each Party shall recognise that geographical indications are eligible for protection through a trade mark system or other legal means.

2. The relationship between the protection of trade mark rights and that of geographical indications shall be in accordance with the TRIPS Agreement.

3. Each Party shall ensure that protection measures for geographical indications are transparent, readily available and understandable to the public.

4. The Parties may exchange views on issues related to this Article including protection of geographical indications. The Sub-Committee on Intellectual Property referred to in Article 16.21 shall provide a forum for this purpose.

5. The Parties shall review this Article, with a view to considering further provisions, five years after the date of entry into force of this Agreement, unless the Parties otherwise agree. The Sub-Committee on Intellectual Property referred to in Article 16.21 shall provide a forum for this purpose.

Article 16.11. New Varieties of Plants

Each Party shall, in accordance with its rights and obligations under the UPOV Convention, provide for protection of plant varieties by granting and protecting rights in a plant variety where the variety is new, distinct, uniform and stable.

Article 16.12. Copyright and Related Rights

1. With respect to copyright and related rights, each Party shall provide:

(a) adequate legal protection; and

(b) effective criminal penalties or civil remedies or any combination thereof, against the circumvention of effective technological measures that are used by authors, performers, or producers of phonograms in connection with the exercise of their rights under the laws and regulations of the Party and that restrict acts, in respect of their works, performances or phonograms, which are neither authorised by the authors, performers or producers of phonograms concerned nor permitted in certain special cases by the laws and regulations of the Party.

2. Each Party shall ensure that its collective management organisations are encouraged to:

(a) operate to collect and distribute revenues to their members in a manner that is fair, efficient, transparent and accountable; and

(b) adopt open and transparent record keeping of the collection and distribution of revenues.

3. In civil judicial proceedings involving copyright, each Party shall provide for a presumption that, in the absence of evidence to the contrary, the person whose name is indicated on a work in the usual manner as the name of the author of the work is the author of the work. This paragraph shall be applicable even if such name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his or her identity.

4. Each Party shall confine limitations or exceptions to exclusive rights of copyright and related rights to certain special cases which do not conflict with a normal exploitation of a work, performance or phonogram and do not unreasonably prejudice the legitimate interests of the right holder.

Note: With respect to works, performances and phonograms, paragraph 4 does not reduce the capacity of each Party to provide for limitations or exceptions in accordance with multilateral agreements related to intellectual property to which that Party is, or becomes, a party.

Article 16.13. Protection of Undisclosed Information

Each Party shall protect undisclosed information in accordance with Article 39 of the TRIPS Agreement.

Article 16.14. Utility Models

The Parties reaffirm their rights and obligations for the protection of utility models in accordance with the Paris Convention.

Article 16.15. Unfair Competition

Each Party shall provide for effective protection against acts of unfair competition in accordance with the Paris Convention.

Article 16.16. Internet Service Providers

Each Party shall take appropriate measures to limit the liability of, or remedies available against, Internet service providers for copyright infringement by the users of their online services or facilities, where the Internet service providers take action to prevent access to the materials infringing copyright in accordance with the laws and regulations of the Party.

Article 16.17. Enforcement — General

Each Party shall maintain mechanisms for the effective enforcement of intellectual property rights including border measures, civil remedies and criminal procedures and penalties in accordance with Articles 16.18 through 16.20. These mechanisms may also include:

(a) public or private advisory groups; and

(b) internal coordination among, and joint actions by, national government agencies concerned with enforcement of intellectual property rights.

Article 16.18. Enforcement — Border Measures

1. Each Party shall provide for procedures concerning the suspension at the border by its customs administration, ex officio, of the release of goods suspected of infringing rights to trade marks, or copyright or related rights, which are destined for importation into and exportation from the Party.

2. Each Party shall provide for procedures concerning the suspension at the border by its customs administration, on request of a right holder, of the release of goods suspected of infringing rights to trade marks, or copyright or related rights, which are destined for importation into the Party.

3. Each Party may provide for procedures concerning the suspension at the border by its customs administration of the release of goods suspected of infringing rights to trade marks, or copyrights or related rights which:

(a) are destined for exportation from the Party, on request of a right holder; and

(b) are destined for transhipment through the Party, ex officio or on request of a right holder.

4. Each Party may provide for procedures concerning the suspension at the border by its customs administration of the release of goods suspected of infringing rights to patents, industrial designs or new varieties of plants, which are destined for importation into, exportation from or transhipment through the Party.

5. In the case of suspension with respect to importation or exportation, in accordance with the procedures referred to in this Article, the competent authorities of the importing Party upon importation, or of the exporting Party upon exportation, shall, where authorised in accordance with its laws and regulations or by its judicial authorities, notify the right holder of the names and addresses of the importer and the consignor, or the exporter and the consignee, of the goods in question, as the case may be.

6. Once a positive determination regarding infringement has been made, each Party shall ensure that the goods, the release of which has been suspended in accordance with the procedures referred to in this Article, will not be released into the channels of commerce without the consent of the right holder, and that the goods will be destroyed or disposed of in accordance with its laws and regulations, except with the consent of the right holder, or otherwise, in exceptional circumstances.

7. Each Party shall provide for simplified procedures, to be used when the importer does not object, for the competent authorities to seize, destroy or dispose of the goods the release of which has been suspended in accordance with the procedures referred to in paragraph 2.

Note: For the purposes of this Article, the term "transhipment" means transhipment, as defined in the International Convention on the Simplification and Harmonization of Customs Procedures, done at Kyoto on 18 May 1973, as amended.

Article 16.19. Enforcement — Civil Remedies

1. Each Party shall provide that in civil judicial proceedings by a right holder of intellectual property rights against a person who knowingly, or with reasonable grounds to know, infringed the right holder's intellectual property rights, its judicial authorities shall have the authority to order the infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of the infringement of the right holder's intellectual property rights.

2. Each Party shall ensure, subject to its laws and regulations, that its judicial authorities have the authority to determine the amount of damages based on the totality of the evidence presented to them. In determining the amount of damages for infringement of intellectual property rights, a Party's judicial authorities shall have the authority to consider, inter alia, any legitimate measure of value the right holder submits, which may include lost profits, the value of the infringed goods or services measured by the market price, or the suggested retail price.

Article 16.20. Enforcement — Criminal Procedures and Penalties

1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of trade mark counterfeiting, copyright or related rights piracy or infringement of rights relating to new varieties of plants, committed wilfully and on a commercial scale.

2. Each Party shall treat wilful importation or exportation of goods covered by paragraph 1 as unlawful activities subject to criminal penalties. A Party may comply with its obligation relating to importation and exportation of goods covered by paragraph 1 by providing for distribution, sale or offer for sale of such goods ona commercial scale as unlawful activities subject to criminal penalties.

3. Penalties applicable to the cases referred to in paragraphs 1 and 2 shall include imprisonment and/or monetary fines sufficient to provide a deterrent, that are consistent with the level of penalties applied for crimes of a corresponding gravity.

4. Each Party shall ensure, at least in cases of trade mark counterfeiting or infringement of rights relating to new varieties of plants, committed wilfully and on a commercial scale, that its competent authorities may institute prosecution ex officio, without the need for a formal complaint by the right holder whose right has been infringed.

5. Each Party shall ensure that in cases of trade mark counterfeiting or copyright or related rights piracy committed wilfully and on a commercial scale, its judicial authorities may order the confiscation of crime proceeds and properties derived from such crime proceeds, in accordance with its laws and regulations.

Note: For the purposes of this paragraph, for Australia, its judicial authorities shall only be required to order the confiscation of crime proceeds and properties derived from such crime proceeds, in respect of offences defined as "indictable offences" under its law.

6. Each Party shall provide for criminal procedures and penalties to be applied in cases of wilful importation and domestic use, in the course of trade and on a commercial scale, of labels or packaging:

(a) to which a mark has been applied without authorisation which is identical to, or cannot be distinguished from, a trade mark registered in its Area; and

(b) which are intended to be used in the course of trade on goods or in relation to services which are identical to goods or services for which such trade mark is registered.

Note 1: A Party may comply with its obligation under this paragraph relating to importation of labels or packaging through its measures concerning distribution.

Note 2: A Party may comply with its obligations under this paragraph by providing for criminal procedures and penalties to be applied to attempts to commit a trade mark offence.

Article 16.21. Sub-committee on Intellectual Property

1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Intellectual Property (hereinafter referred to in this Article as "the Sub-Committee").

2. The functions of the Sub-Committee shall be:

(a) reviewing and monitoring the implementation and operation of this Chapter;

(b) discussing any issues related to intellectual property, including geographical indications, covered by this Chapter,

(c) overseeing ongoing cooperation between the Parties in relation to the protection of intellectual property, enforcement of intellectual property rights and administration of their intellectual property systems;

(d) reporting the findings and the outcomes of discussions of the Sub- Committee to the Joint Committee; and

(e) carrying out other functions as may be delegated by the Joint Committee.

3. The Sub-Committee:

(a) shall be composed of and co-chaired by representatives of the Governments of the Parties; and

(b) may invite, by consensus, representatives of relevant entities other than the Governments of the Parties, with necessary expertise relevant to the issues to be discussed, to attend meetings of the Sub-Committee to provide advice on specific issues.

4. The Sub-Committee shall meet at such venues and times and by such means as may be agreed by the Parties.

Chapter 17. Government Procurement

Article 17.1. Scope

1. This Chapter shall apply to any measure regarding covered procurement.

2. For the purposes of this Chapter, the term "covered procurement" means a government procurement of goods, services or both:

(a) by any contractual means, including through such methods as purchase or as lease, rental or hire purchase, with or without an option to buy, build- operate-transfer contracts and public works concession contracts;

(b) that is conducted by a procuring entity;

(c) where the value of the contracts to be awarded is estimated in accordance with Article 17.5 to be not less than the thresholds specified in Annex 13 (Government Procurement) at the time of publication of a notice in accordance with Article 17.10;

(d) subject to the conditions specified in Annex 13 (Government Procurement); and

(e) that is not excluded from coverage by this Agreement.

3. This Chapter shall not apply to:

(a) procurement of goods and services by a procuring entity from another entity of the same Party, or between a procuring entity of a Party and a regional or local government of that Party;

(b) non-contractual agreements or any form of assistance that a Party provides, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements, and sponsorship arrangements;

(c) procurement for the direct purpose of providing international assistance, including development aid;

(d) procurement of research and development services;

(e) procurement of goods and services outside the Area of the procuring Party, for consumption outside the Area of the procuring Party;

(f) public employment contracts;

(g) procurement conducted under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;

(h) procurement funded by grants and sponsorship payments received from a person other than a procuring entity of a Party;

(i) the acquisition or rental of land, existing buildings, or other immovable property or rights thereon;

(j) procurement conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; and

(k) procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes, derivatives and other securities.

4. Neither Party shall prepare, design or otherwise structure any government procurement contract in order to avoid the obligations under this Chapter.

Article 17.2. Definitions

For the purposes of this Chapter:

(a) the terms "build-operate-transfer contract" and "public works concession contract" mean any contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructure, plant, buildings, facilities, or other government owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants the supplier, fora specified period of time, temporary ownership or a right to control and operate, and demand payment for, the use of such works for the duration of the contract;

(b) the term "conditions for participation" means minimum conditions that potential suppliers must meet in order to participate in a procurement process or for submissions to be considered. This may include a requirement to undertake an accreditation or validation procedure;

(c) the term "in writing" means any worded or numbered expression that can be read, reproduced, and later communicated. This may include electronically transmitted and stored information;

(d) the term "limited tendering" means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;

(e) the term "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that a Party intends to use more than once;

(f) the term "open tendering" means a procurement method whereby all interested suppliers may submit a tender;

(g) the term "procuring entity" means an entity covered in Annex 13 (Government Procurement),

(h) the term "publish" means to disseminate information in an electronic or paper medium that is available widely and is readily accessible to the general public;

(i) the term "selective tendering" means a procurement method whereby those suppliers invited to do so by the procuring entity may submit a tender;

(j) the term "services" includes construction services unless otherwise specified; and

(k) the term "supplier" means a person that provides or could provide goods or services to a procuring entity.

Article 17.3. National Treatment and Non-discrimination

1. With respect to any measure regarding covered procurement, each Party shall accord, immediately and unconditionally, to the goods, services and suppliers of the other Party, treatment no less favourable than that it accords to domestic goods, services and suppliers.

2. With respect to any measure regarding covered procurement, a Party shall not:

(a) treat a locally-established supplier less favourably than another locally- established supplier on the basis of the degree of foreign affiliation or ownership; or

(b) discriminate against a locally-established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

3. This Article shall not apply to customs duties and charges of any kind imposed on or in connection with importation, the method of levying such duties and charges, other import regulations and formalities, and measures affecting trade in services other than measures governing covered procurement.

4. Each Party shall ensure that its procuring entities comply with this Chapter in conducting covered procurements.

5. For greater certainty, all orders under contracts awarded for covered procurement shall be subject to paragraphs 1 and 2.

Article 17.4. Rules of Origin

For the purposes of covered procurement, neither Party shall apply rules of origin to goods or services that are different from the rules of origin the Party applies in the normal course of trade to those goods or services.

Article 17.5. Valuation of Contracts

1. In estimating the value of a procurement for the purposes of ascertaining whether itis a covered procurement under this Chapter:

(a) valuation shall take into account all forms of remuneration, including any premiums, fees, commissions, interest and other revenue streams that may be provided for under the contract;

(b) the selection of the valuation method by a procuring entity shall not be used, nor shall any procurement requirement be divided, with the intention of avoiding the application of this Chapter; and

(c) in cases where an intended procurement specifies the need for or provides for the possibility of option clauses, the basis for valuation shall be the maximum total value of the procurement, inclusive of optional purchases.

2. In the case of procurement by lease, rental, or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i) where the term of the contract is 12 months or less, the total estimated maximum value for its duration; or

  • Chapter   1 General Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Transparency 1
  • Article   1.4 Public Comment Procedures 1
  • Article   1.5 Administrative Proceedings 1
  • Article   1.6 Review and Appeal 1
  • Article   1.7 Confidential Information 1
  • Article   1.8 Taxation 1
  • Article   1.9 General Exceptions 1
  • Article   1.10 Security Exceptions 1
  • Article   1.11 Relation to other Agreements 1
  • Article   1.12 Implementing Agreement 1
  • Article   1.13 Joint Committee 1
  • Article   1.14 Communications 1
  • Chapter   2 Trade In Goods 1
  • Section   1 General Rules 1
  • Article   2.1 Definitions 1
  • Article   2.2 Classification of Goods 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Customs valuation 1
  • Article   2.6 Export duties 2
  • Article   2.7 Export subsidies 2
  • Article   2.8 Non- tariff measures 2
  • Article   2.9 Administrative fees and charges 2
  • Article   2.10 Administration of trade regulations 2
  • Article   2.11 Import licensing 2
  • Article   2.12 Anti-dumping measures and countervailing measures 2
  • Section   2 Safeguard measures 2
  • Article   2.13 Application of bilateral safeguard measures 2
  • Article   2.14 Investigation 2
  • Article   2.15 Conditions and limitations 2
  • Article   2.16 Compensation 2
  • Article   2.17 Provisional bilateral safeguard measures 2
  • Article   2.18 Special safeguard measures on specific agricultural goods 2
  • Article   2.19 Relation to safeguard measures under the wto agreement 2
  • Section   3 Other provisions 2
  • Article   2.20 Reviews of market access and protection of competitiveness 2
  • Article   2.21 Sub-committee on trade in goods 2
  • Article   2.22 Amendment of annex 2
  • Article   2.23 Operational procedures 2
  • Chapter   3 Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.5 Calculation of qualifying value content 2
  • Article   3.6 Accumulation 3
  • Article   3.7 Non-qualifying operations 3
  • Article   3.8 Consignment 3
  • Article   3.9 Unassembled or disassembled goods 3
  • Article   3.10 Fungible goods and materials 3
  • Article   3.11 Indirect materials 3
  • Article   3.12 Accessories, spare parts and tools 3
  • Article   3.13 Packing materials and containers 3
  • Article   3.14 Documentary evidence of origin 3
  • Article   3.15 Certificate of origin 3
  • Article   3.16 Origin certification document 3
  • Article   3.17 Claim for preferential tariff treatment 3
  • Article   3.18 Waiver of documentary evidence of origin 3
  • Article   3.19 Measures regarding an erroneous or false documentary evidence of origin 3
  • Article   3.20 Record-keeping requirements 3
  • Article   3.21 Origin verification 3
  • Article   3.22 Verification visit 3
  • Article   3.23 Denial of preferential tariff treatment 3
  • Article   3.24 Non-party invoices 3
  • Article   3.25 Confidentiality 3
  • Article   3.26 Penalties 4
  • Article   3.27 Transitional provisions for goods in transport or storage 4
  • Article   3.28 Sub-committee on rules of origin 4
  • Article   3.29 Amendments to annexes 2 and 3 4
  • Chapter   4 Customs procedures 4
  • Article   4.1 Scope 4
  • Article   4.2 Definitions 4
  • Article   4.3 Transparency 4
  • Article   4.4 Customs clearance 4
  • Article   4.5 Advance rulings 4
  • Article   4.6 Temporary admission and goods in transit 4
  • Article   4.7 Cooperation and exchange of information 4
  • Article   4.8 Review process 4
  • Article   4.9 Sub-committee on customs procedures 4
  • Chapter   5 Sanitary and phytosanitary cooperation 4
  • Article   5.1 Scope 4
  • Article   5.2 Reaffirmation of rights and obligations 4
  • Article   5.3 Cooperation 4
  • Article   5.4 Sub-committee on sanitary and phytosanitary cooperation 4
  • Article   5.5 Chapter coordinator 4
  • Article   5.6 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   6 Technical regulations, standards and conformity assessment procedures 4
  • Article   6.1 Scope 4
  • Article   6.2 Definitions 4
  • Article   6.3 Reaffirmation of rights and obligations 4
  • Article   6.4 International standards, guides or recommendations 4
  • Article   6.5 Technical regulations 4
  • Article   6.6 Conformity assessment procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Sub-committee on technical regulations, standards and conformity assessment procedures 4
  • Article   6.9 Chapter coordinator 4
  • Article   6.11 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   7 Food supply 4
  • Article   7.1 Basic principle 5
  • Article   7.2 Definitions 5
  • Article   7.3 Export restrictions on essential food 5
  • Article   7.4 Promotion and facilitation of investment 5
  • Article   7.5 Consultations for supply of essential food 5
  • Chapter   8 Energy and mineral resources 5
  • Article   8.1 Basic principle 5
  • Article   8.2 Definitions 5
  • Article   8.3 Stable supply of energy and mineral resources 5
  • Article   8.4 Export restrictions 5
  • Article   8.5 Export licensing procedures and administrations 5
  • Article   8.6 Energy and mineral resource regulatory measures 5
  • Article   8.7 Cooperation 5
  • Article   8.8 Sub-committee on energy and mineral resources 5
  • Chapter   9 Trade in services 5
  • Article   9.1 Scope 5
  • Article   9.2 Definitions 5
  • Article   9.3 Market access 5
  • Article   9.4 National treatment 5
  • Article   9.5 Most-favoured-nation treatment 5
  • Article   9.6 Local presence 5
  • Article   9.7 Non-conforming measures 5
  • Article   9.8 Domestic regulation 5
  • Article   9.9 Recognition 6
  • Article   9.10 Monopolies and exclusive service suppliers 6
  • Article   9.11 Subsidies 6
  • Article   9.12 Payments and transfers 6
  • Article   9.13 Restrictions to safeguard the balance-of-payments 6
  • Article   9.14 Denial of benefits 6
  • Article   9.15 Sub-committee on trade in services 6
  • Chapter   10 Telecommunications services 6
  • Article   10.1 Scope 6
  • Article   10.2 Definitions 6
  • Article   10.3 Access and use 6
  • Article   10.4 Submarine cables 6
  • Article   10.5 Number portability 6
  • Article   10.6 Dialling parity 6
  • Article   10.7 Competitive safeguards 6
  • Article   10.8 Treatment by major suppliers 6
  • Article   10.9 Resale 6
  • Article   10.10 Interconnection 6
  • Article   10.11 Unbundling of network elements 7
  • Article   10.12 Provisioning and pricing of leased circuit services 7
  • Article   10.13 Co-location 7
  • Article   10.15 Independent telecommunications regulatory body 7
  • Article   10.16 Universal service 7
  • Article   10.17 Licensing process 7
  • Article   10.18 Allocation and use of scarce resources 7
  • Article   10.19 Transparency 7
  • Article   10.20 Unsolicited electronic messages 7
  • Article   10.21 Resolution of telecommunications disputes 7
  • Article   10.22 Sub-committee on telecommunications 7
  • Article   10.23 Relation to international organisations 7
  • Chapter   11 Financial services 7
  • Article   11.1 Scope 7
  • Article   11.2 Definitions 7
  • Article   11.4 Domestic regulation 7
  • Article   11.5 Recognition 7
  • Article   11.6 Transfers of information and processing of information 7
  • Article   11.7 Regulatory transparency 7
  • Article   11.8 Self-regulatory organisations 7
  • Article   11.9 Payment and clearing systems 7
  • Article   11.10 Sub-committee on financial services 7
  • Article   11.11 Consultations 7
  • Article   11.12 Dispute settlement 7
  • Chapter   12 Movement of natural persons 7
  • Article   12.1 Scope 7
  • Article   12.2 Definitions 7
  • Article   12.3 Specific commitments 7
  • Article   12.4 Transparency 7
  • Article   12.5 Requirements and procedures relating to the movement of natural persons 7
  • Article   12.6 Dispute settlement 8
  • Chapter   13 Electronic commerce 8
  • Article   13.1 Basic principles 8
  • Article   13.2 Definitions 8
  • Article   13.3 Customs duties 8
  • Article   13.4 Non-discriminatory treatment of digital products 8
  • Article   13.5 Domestic regulation 8
  • Article   13.6 Electronic signature 8
  • Article   13.7 Consumer protection 8
  • Article   13.8 Personal data protection 8
  • Article   13.9 Paperless trade administration 8
  • Article   13.10 Cooperation 8
  • Chapter   14 Investment 8
  • Article   14.1 Scope 8
  • Article   14.2 Definitions 8
  • Article   14.3 National treatment 8
  • Article   14.4 Most-favoured-nation treatment 8
  • Article   14.5 Minimum standard of treatment 8
  • Article   14.6 Access to the courts of justice 8
  • Article   14.7 Special formalities and information requirements 8
  • Article   14.8 Senior management and boards of directors 8
  • Article   14.9 Prohibition of performance requirements 8
  • Article   14.10 Non-conforming measures and exceptions 9
  • Article   14.11 Expropriation and compensation 9
  • Article   14.12 Treatment in case of strife 9
  • Article   14.13 Transfers 9
  • Article   14.14 Subrogation 9
  • Article   14.15 General exceptions 9
  • Article   14.16 Temporary safeguard measures 9
  • Article   14.17 Denial of benefits 9
  • Article   14.18 Sub-committee on investment 9
  • Article   14.19 Review 9
  • Chapter   15 Competition and consumer protection 9
  • Article   15.1 Objectives 9
  • Article   15.2 Definitions 9
  • Article   15.3 Promotion of competition by addressing anticompetitive activities 9
  • Article   15.4 State-owned enterprises 9
  • Article   15.5 Cooperation on addressing anticompetitive activities 9
  • Article   15.6 Cooperation on consumer protection 9
  • Article   15.7 Consultations 9
  • Article   15.8 Confidentiality of information 9
  • Article   15.9 Non-application of chapter 19 (dispute settlement) 9
  • Chapter   16 Intellectual property 9
  • Article   16.1 General provisions 9
  • Article   16.2 Definitions 9
  • Article   16.3 National treatment 10
  • Article   16.4 Streamlining of procedural matters 10
  • Article   16.5 Acquisition and maintenance of intellectual property rights 10
  • Article   16.6 Transparency 10
  • Article   16.7 Promotion of public awareness of protection of intellectual property 10
  • Article   16.8 Patents 10
  • Article   16.9 Trade marks 10
  • Article   16.10 Geographical indications 10
  • Article   16.11 New varieties of plants 10
  • Article   16.12 Copyright and related rights 10
  • Article   16.13 Protection of undisclosed information 10
  • Article   16.14 Utility models 10
  • Article   16.15 Unfair competition 10
  • Article   16.16 Internet service providers 10
  • Article   16.17 Enforcement — general 10
  • Article   16.18 Enforcement — border measures 10
  • Article   16.19 Enforcement — civil remedies 10
  • Article   16.20 Enforcement — criminal procedures and penalties 10
  • Article   16.21 Sub-committee on intellectual property 10
  • Chapter   17 Government procurement 10
  • Article   17.1 Scope 10
  • Article   17.2 Definitions 10
  • Article   17.3 National treatment and non-discrimination 10
  • Article   17.4 Rules of origin 10
  • Article   17.5 Valuation of contracts 10
  • Article   17.6 Prohibition of offsets 11
  • Article   17.7 Technical specifications 11
  • Article   17.8 Tendering procedures 11
  • Article   17.9 Conditions for participation 11
  • Article   17.10 Notice of procurement 11
  • Article   17.11 Selective tendering 11
  • Article   17.12 Time-limits for tendering 11
  • Article   17.13 Tender documentation 11
  • Article   17.14 Submission, receipt and opening of tenders and awarding of contracts 11
  • Article   17.15 Limited tendering 11
  • Article   17.16 Post-award information 11
  • Article   17.17 Information on the procurement system 11
  • Article   17.18 Non-disclosure of information 11
  • Article   17.19 Challenge procedure 11
  • Article   17.20 Exceptions 11
  • Article   17.21 Ensuring integrity in procurement processes 11
  • Article   17.22 Rectifications or modifications 11
  • Article   17.23 Privatisation of procuring entities 11
  • Article   17.24 Further negotiation 11
  • Article   17.25 Cooperation 11
  • Chapter   18 Promotion of a closer economic relationship 11
  • Article   18.1 Cooperation 11
  • Article   18.2 Sub-committee on promotion of a closer economic relationship 11
  • Article   18.3 Functions of the contact point 12
  • Article   18.4 Non-application of chapter 19 (dispute settlement) 12
  • Chapter   19 Dispute settlement 12
  • Article   19.1 Scope 12
  • Article   19.2 Definitions 12
  • Article   19.3 Choice of dispute settlement procedure 12
  • Article   19.4 Consultations 12
  • Article   19.5 Good offices, conciliation or mediation 12
  • Article   19.6 Establishment and composition of arbitral tribunals 12
  • Article   19.7 Terms of reference of arbitral tribunals 12
  • Article   19.8 Functions of arbitral tribunals 12
  • Article   19.9 Proceedings of arbitral tribunals 12
  • Article   19.10 Information in proceedings 12
  • Article   19.11 Suspension and termination of proceedings 12
  • Article   19.12 Award 12
  • Article   19.13 Implementation of award 12
  • Article   19.14 Disagreement concerning implementation 12
  • Article   19.15 Compensation and suspension of concessions 12
  • Article   19.16 Rules of Procedure 13
  • Article   19.17 Modifications of Time Periods, Rules and Procedures 13
  • Article   19.18 Expenses 13
  • Chapter   20 Final Provisions 13
  • Article   20.1 Table of Contents and Headings 13
  • Article   20.2 Annexes and Notes 13
  • Article   20.3 Amendment 13
  • Article   20.4 Entry Into Force 13
  • Article   20.5 General Review 13
  • Article   20.6 Termination 13
  • Article   20.7 Authentic Texts 13
  • Annex 6  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 13
  • Part   1 Schedule of Australia 13
  • Section   1 Notes for Sections 2 and 3 13
  • Section   2 13
  • 1 13
  • 2 13
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 15
  • Section   3 15
  • 32 15
  • 33 15
  • 34 15
  • 35 16
  • Part   2 Schedule of japan 16
  • Section   1 Notes for section 2 16
  • Section   2 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 16
  • 9 16
  • 10 16
  • 11 16
  • 12 16
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 17
  • 22 17
  • 23 17
  • 24 17
  • 25 17
  • 26 17
  • 27 18
  • 28 18
  • 29 18
  • 30 18
  • 31 18
  • 32 18
  • 33 18
  • 34 18
  • 35 18
  • 36 18
  • 37 18
  • 38 18
  • 39 18
  • 40 18
  • 41 18
  • 42 19
  • 43 19
  • 44 19
  • 45 19
  • 46 19
  • 47 19
  • 48 19
  • 49 19
  • 50 19
  • 51 19
  • 52 19
  • 53 19
  • 54 19
  • 55 19
  • 56 20
  • Annex 7  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 20
  • Part   1 Schedule of australia 20
  • Section   1 Notes for sections 2 and 3 20
  • Section   2 20
  • 1 20
  • 2 20
  • 3 20
  • 4 20
  • 5 20
  • 6 20
  • 7 20
  • 8 20
  • 9 20
  • 10 20
  • 11 20
  • 12 20
  • 13 20
  • 14 21
  • 15 21
  • 16 21
  • 17 21
  • 18 21
  • 19 21
  • Section   3 21
  • 20 21
  • 21 21
  • 22 21
  • 23 21
  • 24 21
  • Part   2 Schedule of japan 21
  • Section   1 Notes for section 2 21
  • Section   2 21
  • 1 21
  • 2 21
  • 3 21
  • 4 21
  • 5 22
  • 6 22
  • 7 22
  • 8 22
  • 9 22
  • 10 22
  • 11 22
  • 12 22
  • 13 22
  • 14 22
  • 15 22
  • Annex 8  Referred to in chapter 9 (trade in services) 22
  • 1 Scope 22
  • 2 Provision of information 22
  • 3 Recognition of qualifications 22
  • Annex 9  Referred to in chapter 11 (financial services) 22
  • Annex 10  Referred to in chapter 12 (movement of natural persons) 23
  • Part   1 Specific commitments of australia 23
  • Section   1 Business visitors of japan 23
  • Section   2 Intra-corporate transferees of japan 23
  • Section   3 Investors of japan 23
  • Section   4 Contractual service suppliers of japan 23
  • Section   5 Accompanying spouse and dependents 23
  • Part   2 Specific commitments of japan 23
  • Section   1 Short-term business visitors of australia 23
  • Section   2 Intra-corporate transferees of australia 23
  • Section   3 Investors of australia 23
  • Section   4 Natural persons of australia who engage in professional services 23
  • Section   5 Natural persons of australia who engage in business activities, which require technology or knowledge at an advanced level, on the basis of a personal contract with public or private organisations in japan 23
  • Section   6 Accompanying spouse and children 23
  • Annex 12  Referred to in chapter 14 (investment) 23
  • Implementing agreement between the government of japan and the government of australia pursuant to article 1.12 of the agreement between japan and australia for an economic partnership 23
  • Chapter   1 General provisions 23
  • 1.1 Scope and relationship to the basic agreement 23
  • Chapter   2 Rules of origin 23
  • 2.1 Issuance of certificate of origin 23
  • 2.2 Modification 23
  • 2.3 Language of documentary evidence of origin 23
  • 2.4 Consignment 23
  • 2.5 Minor errors 23
  • 2.6 Communications on origin verification 23
  • Chapter   3 Customs procedures 23
  • 3.1 Mutual assistance 23
  • 3.2 Information and communications technology 23
  • 3.3 Risk management 23
  • 3.4 Advance rulings 24
  • 3.5 Enforcement against illegal trafficking 24
  • 3.6 Intellectual property rights 24
  • 3.7 Exchange of information and confidentiality 24
  • Chapter   4 Final provisions 24
  • 4.1 Implementation 24
  • 4.2 Entry into force 24
  • 4.3 Amendment 24