(c) risk associating the mark with the owner of a well-known mark; or
(d) constitutes an unfair exploitation of the reputation of a well-known trademark.
Article 8.6. COPYRIGHT AND RELATED RIGHTS
1. The Parties shall grant and ensure adequate and effective intellectual property protection to creators of literary and artistic works and to performers, producers of phonograms and broadcasting organizations, over their artistic performances, phonograms and broadcasts, respectively.
2. The Parties recognize their existing rights and obligations under the Berne Convention for the Protection of Literary and Artistic Works; the Rome Convention for the Protection of Performers, Producers of Literary and Artistic Works, the Convention for the Protection of Literary and Artistic Works; the Rome Convention for the Protection of Performers, Producers of Literary and Artistic Works, the Producers of Phonograms and Broadcasting Organizations; the World Intellectual Property Organization (WIPO) Copyright Treaty, and the WIPO Performances and Phonograms Treaty.
3. The Parties recognize the importance of collective management societies of copyright and related rights, in order to ensure an effective management of the rights entrusted to them, and an equitable distribution of the remunerations collected, which are proportional to the use of works, performances and phonograms, within a framework of transparency, in accordance with the legislation of each Party.
Societies or associations that manage copyright and related rights collectively shall be subject to the authorization, inspection and supervision of the State.
4. Each Party shall provide that for copyright and related rights:
(a) the person who holds patrimonial rights in any title, may freely and separately transfer them under the terms of the legislation of each Party for the purposes of exploitation and enjoyment by the holder;
(b) any person who holds economic rights by virtue of a contract, including contracts of employment whose object is the creation of any kind of work or the production of phonograms, has the capacity to exercise those rights in his own name and to fully enjoy the benefits derived from those rights.
5. The Parties may provide that contracts involving assignment or transfer of rights, and whose remuneration is agreed as a royalty or percentage of sales or printed matter, shall terminate in the event that, during the period fixed by the legislation of each Party, the economic remuneration is not effectively produced or paid to the author.
Article 8.7. BIODIVERSITY AND TRADITIONAL KNOWLEDGE
1. The Parties recognize and reaffirm their rights and obligations under the Convention on Biological Diversity (CBD) related to the sovereignty of Parties over their natural resources and the authority to determine access to genetic resources and their derivatives, through mutually agreed terms, and reaffirm and encourage efforts to establish a mutually supportive relationship between intellectual property systems and the CBD.
2. The Parties recognize the past, present and future contribution of indigenous, Afro-descendant and local communities and their traditional knowledge to the conservation and sustainable use of biodiversity and its components. The Parties reaffirm their rights and obligations related to the fair and equitable sharing of the benefits derived from the utilization of such traditional knowledge, innovations and practices, through the prior informed consent of the respective community and under mutually agreed terms.
3. Access to biological and genetic resources and their derivatives shall be conditioned to the prior informed consent of the Party that is the country of origin, and to the establishment of mutually agreed conditions. Access to traditional knowledge of indigenous, Afro-descendant and local communities associated with such resources shall be conditioned to the prior informed consent of the respective communities and the establishment of mutually agreed terms.
4. The Parties recognize the usefulness of disclosure of origin and in this regard, in accordance with their legislation, shall include in patent applications the statement of the origin or source of the genetic resource or its derivatives, to which the inventor or patent applicant has had access. To the extent provided in their legislation, the Parties shall also require compliance with prior informed consent and shall apply the provisions set forth in this Article to traditional knowledge, as appropriate.
The Parties shall establish, in accordance with their legislation, the effects of non- disclosure of origin or source, in order to support compliance with the provisions regulating access to genetic resources, their derivatives and associated traditional knowledge.
5. Each Party shall establish legislative, administrative and policy measures to ensure that users under its jurisdiction, of genetic resources, their derivatives and associated traditional knowledge, comply with applicable legislation and requirements regarding access and benefit sharing, as well as the conditions and terms under which access will be granted. The above in order to ensure the fair and equitable distribution of benefits derived from the utilization of genetic resources, their derivatives and associated traditional knowledge of indigenous, afro-descendant and local communities, including those resulting from intellectual property rights.
6. The Parties shall encourage and cooperate in the training of patent examiners in the review of patent applications related to biological and genetic resources, their derivatives and associated traditional knowledge, in particular in relation to the determination of prior art, with a view to ensuring compliance with the applicable legislation, as the case may be.
7. Each Party shall make its best efforts to find means to share information that may have relevance to the patentability of inventions based on biological and genetic resources and their derivatives, as well as associated traditional knowledge.
Article 8.8. REQUIREMENTS RELATED TO BORDER MEASURES
1. In accordance with the legislation of each Party, the holder of a protected right who has valid reasons to suspect that the importation, exportation and transit of counterfeit or pirated goods is being prepared that infringe copyright (2), may submit to the competent authorities, administrative or judicial, a written request for the customs authorities to suspend the release of such goods for free circulation.
2. The Parties shall cooperate for the exchange of information and experiences on legal frameworks, relevant regulations, policies and practices regarding border measures related to intellectual property rights. Each Party shall make its best efforts to find means to prevent infringements of the rights covered by this Article.
Article 8.9. COOPERATION
1. The Parties agree to cooperate in order to support the implementation of the commitments and obligations acquired under this Chapter.
2. Areas of cooperation include, but are not limited to, the following activities:
(a) exchange of information on legal frameworks related to intellectual property rights and relevant regulations for protection and enforcement;
(b) exchange of experiences in legislative progress;
(c) exchange of experiences on the enforcement of intellectual property rights;
(d) exchange and training of personnel in offices related to intellectual property rights;
(e) promotion and dissemination of information on intellectual property rights among, infer alia, business circles and civil society;
(f) institutional cooperation and exchange of information on intellectual property policies and developments in relation to intellectual property issues, such as public health, promotion of innovation, entrepreneurship, competitiveness, balancing the interests of rights holders and the public interest;
(g) training and exchange of personnel in offices related to access to genetic and biological resources and associated traditional knowledge;
(h) exchange of information and experience on policies and practices to promote the development of the handicrafts sector; and
(i) exchange of experience in the management of intellectual property and knowledge management in higher education institutions and research centers.
3. The Parties undertake to join efforts to obtain international cooperation resources in order to carry out the following activities:
(a) training of personnel of the governing institutions related to the promotion of handicrafts;
(b) training between artisans and artisan organizations from both countries;
(c) training and qualification of the personnel of institutions related to public health, specifically in the regulatory aspect of inspection, surveillance and control of medicines and medical supplies.
Article 8.10. TRANSFER OF TECHNOLOGY.
1. The Parties agree to exchange experiences and information on their national and international practices and policies affecting technology transfer. In particular, this exchange shall include measures to facilitate information flows, business partnerships, licensing and voluntary subcontracting arrangements. Special attention will be given to the conditions necessary to create a favorable environment for the promotion of relations between the scientific and innovation communities of both Parties; the intensification of activities to promote linkages, innovation, entrepreneurship and technology transfer between the Parties, including issues such as the relevant legal framework and the development of human capital.
2. The Parties recognize the importance of the creation of properly trained human capital for the transfer of technology, fundamentally in the transfer from individual to individual or through collectivities, which can be achieved through education, training and academic, professional and business exchange programs, aimed at the transmission of knowledge of the Parties.
3. The Parties shall facilitate and promote programs aimed at carrying out research, development and innovation activities to meet their needs.
4. The Parties recognize the importance of promoting research, technological development, entrepreneurship and innovation; of disseminating technological information; and of creating and strengthening their technological capabilities. To that extent, they shall cooperate in these areas, taking into consideration their resources.
5. The Parties may promote and identify opportunities for cooperation in accordance with the provisions of this Article and, when they so consider, participate in collaborative projects in scientific research and cooperation for the technological development of entrepreneurship and innovation.
6. Any proposal or request for scientific and technological cooperation between the Parties will be channeled through the following entities:
(a) for the Republic of Colombia: the Administrative Department of Science, Technology and Innovation (COLCIENCIAS);
(b) for the Republic of Panama: the Secretariat National Secretariat of Science ; Technology and Innovation (SENACYT);
or their successors
Article 8.11. INTELLECTUAL PROPERTY COMMITTEE
1. The Parties agree to establish an Intellectual Property Subcommittee to follow up on the provisions of this Chapter.
2. The Subcommittee shall meet once a year or at the request of the Parties, subject to mutual agreement. Meetings may be held by any agreed means.
Chapter 9. ENVIRONMENT
Article 9.1. OBJECTIVES
The objectives of this Chapter are:
(a) contribute to making trade and environmental policies mutually supportive in order to contribute to sustainable development;
(b) strengthen the conservation and environmental protection in the territory of the Parties; as well as the sustainable use of their natural resources and the preservation and respect for the traditional knowledge, innovations and practices of indigenous and local communities;
(c) contribute to the strengthening of each Party's institutional and legal frameworks and its capacity to develop, administer and enforce its environmental laws, regulations and policies;
(d) contribute to the development and promotion of voluntary practices, including corporate social and environmental responsibility practices, to promote environmental protection in their respective territories; and
(e) encourage cooperation in environmental matters among the Parties, as a mechanism to promote the conservation and sustainable use of natural resources, biodiversity (1) and the improvement of the environment.
Article 9.2. PRINCIPLES AND COMMITMENTS OF THE PARTIES
1. The Parties reaffirm the sovereign right of each Party over its natural resources and to establish its own levels of protection and environmental development priorities, as well as to adopt or modify its environmental laws and policies.
2. Each Party shall endeavor to ensure that its policies and laws establish and promote high levels of environmental protection and conservation and sustainable use of natural resources. Each Party shall strive to further improve such standards.
3. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the levels of protection provided by their national environmental legislation. Likewise, the Parties recognize that it is inappropriate to use their environmental policies, laws and regulations as an unjustified barrier to trade.
Article 9.3. RESPECT FOR SHARED INTERNATIONAL COMMITMENTS
1. The Parties recognize that Multilateral Environmental Agreements play an important role in the conservation of the global and national environment and reaffirm their commitment to the conservation of the global and national environment, international obligations and rights under the multilateral environmental agreements to which they are party.
2. The Parties shall endeavor to ensure that their national environmental laws and policies are consistent with their rights and obligations under the multilateral environmental agreements to which they are party.
Article 9.4. BIOLOGICAL DIVERSITY
1, The Parties recognize the importance of the conservation and sustainable use of biological diversity to achieve their sustainable development.
2. The Parties reiterate their commitment to promote and encourage the conservation and sustainable use of biological diversity. Likewise, and in accordance with their national legislation, they reaffirm their commitment to respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities that contribute to the conservation and sustainable use of biological diversity.
3. The Parties recognize the importance of public participation and consultation, as established in their legislation, in matters relating to the conservation and sustainable use of biological diversity.
4. The Parties agree to cooperate in the conservation and sustainable use of biological diversity, within the framework established in Article 9.6.
5. The Parties shall endeavor to cooperate in the exchange of information, with the purpose of contributing to prevent illegal access to genetic resources, knowledge, innovations and traditional practices.
Article 9.5. CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY
1, The Parties recognize the importance of corporate responsibility in socio-environmental matters, as a contribution to sustainable development.
2. The Parties shall endeavor to promote and facilitate the voluntary contribution of private enterprises to environmental conservation and protection during the development and implementation of projects carried out by such enterprises.
Article 9.6. COOPERATION IN ENVIRONMENTAL MATTERS
1. The Parties shall strive to strengthen the mutual supportiveness of each Party's trade and environmental policies and practices through cooperation on environmental matters.
2. The Parties shall develop a Joint Cooperation Action Plan, based on national priorities and needs, which shall be prepared once this Agreement enters into force.
3. In the Joint Cooperation Action Plan, the Parties shall carry out, inter alia, the following mutually agreed activities:
(a) strengthening environmental management, including legal and institutional frameworks;
(b) to promote the development of indicators of the state of the environment and of the enforcement of environmental regulations that contribute to the evaluation of environmental performance;
(c) to promote the conservation and sustainable use of biodiversity under conditions "in situ" and "ex situ";
(d) promote the conservation of endangered species and the sustainable management of protected areas;
(e) promote mechanisms to help prevent illegal trafficking of wild flora and fauna;
(f) promote the sustainable management of natural resources;
(g) respect, preserve and maintain the traditional knowledge, innovations and practices of indigenous and local communities;
(h) control and monitor environmental pollution, including facilitating technology transfer and training for the development and implementation of sustainable environmental management systems;
(i) develop and promote incentives to encourage sustainable environmental management, including voluntary corporate social and environmental responsibility practices;
(j) promote the use of environmentally friendly technologies for the production of renewable energy;
(k) implementing bilateral projects in integrated management of shared or transboundary river basins; and
(l) to support micro, small and medium-sized enterprises (MSMEs) in strengthening their environmental management.
4. The formulation and implementation of the Joint Cooperation Action Plan will be subject to the availability of human and financial resources of each Party, and will take into account the differences in the size of the economies of the Parties.
5. The Parties shall implement the Joint Cooperation Action Plan, through mutually agreed modalities of technical and/or financial cooperation, such as the following:
(a) exchange of relevant environmental information and documentation in accordance with its internal rules;
(b) exchange of knowledge and experiences of professionals, technicians and experts, through public institutions, universities, private companies and organizations dedicated to environmental issues;
(c) organization and participation in conferences, seminars, workshops, meetings and outreach programs, as well as training and coaching sessions;
(d) joint research and specialized publications; and
(e) agreements with companies, universities or non-governmental organizations on specific topics to promote best environmental practices.
6. Each Party may incorporate the participation of its public institutions, the business and academic sector, and non-governmental organizations in the development and implementation of the activities of the Joint Cooperation Action Plan.
Article 9.7. JOINT COMMITTEE ON ENVIRONMENTAL MATTERS
1. The Parties establish a Joint Committee on Environmental Matters, composed of high- level officials from the competent environmental authorities of the Parties.
2. The Committee shall be responsible for:
(a) develop, implement and follow up on the Joint Cooperation Action Plan and its execution schedule, in accordance with the areas and modalities previously defined, and those to be subsequently agreed upon;
(b) review and evaluate the results of the cooperative activities and the operability of this Chapter, and make recommendations to the Parties, if appropriate;
(c) serve as a forum for dialogue on environmental issues of common interest;
(d) issue recommendations when consulted on the application and interpretation of this Chapter;
(e) report to the Free Trade Commission, established in Article 23.1 (Free Trade Commission), on the results of its work and the decisions adopted in relation to its functions; and
(f) to perform any other function that the Parties, by mutual agreement, may entrust to it.
3. The Parties may invite, by mutual agreement, environmental experts to advise the Committee on specific matters.
4. All decisions of the Committee shall be adopted by consensus among the Parties.
5. The Committee shall meet within six months of the entry into force of this Agreement and annually thereafter, unless otherwise agreed by the Parties, to follow up on the fulfillment of the functions set forth in paragraph 2 of this Article. Such meetings shall be organized by the National Contact Points.
Article 9.8. NATIONAL POINTS OF CONTACT
1. For the purposes of this Chapter, each Party has designated the following National Contact Points:
(a) Republic of Colombia: Vice-Ministry of Environment of the Ministry of Environment, Housing and Territorial Development; and
(b) Republic of Panama: General Administration of the National Environmental Authority; or their successors.
2. The National Contact Point of a Party shall serve as a liaison for consultations and requests on environmental matters made by the other Party and for the exchange of the corresponding information.
Article 9.9. CONSULTATIONS
1. The Parties undertake to follow the principles of dialogue, good faith, cooperation and consensus for any matter related to this Chapter.
2. A Party may request the other Party to consult on any matter relating to the application and interpretation of this Chapter by written request addressed to the National Contact Point designated by the other Party in accordance with Article 9.8.
3. Following written communication to the National Contact Point, if the Parties are unable to resolve the matter, the matter may be dealt with in the Joint Committee on Environmental Matters referred to in Article 9.7.
4. At all times, the Parties shall endeavor to reach a mutually satisfactory solution.
Chapter 10. LABOR
Article 10.1. OBJECTIVES
The objectives of this Chapter are:
(a) contribute to the enforcement of the Parties' national labor legislation and international commitments, within the framework of the 1998 International Labor Organization (ILO) Declaration on Fundamental Principles and Rights at Work and its Follow-up (ILO Declaration) and the ILO Core Conventions to which the Parties are party; and
(b) develop and implement a mutually beneficial Program of Cooperative Activities between the Parties on labor issues.
Article 10.2. PRINCIPLES AND COMMITMENTS OF THE PARTIES
1. The Parties reaffirm their sovereign right to establish their own national labor standards and policies, and reaffirm the commitment to apply their national labor legislation as effectively as possible.
2. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection afforded by their national labor laws. Likewise, the Parties recognize that it is inappropriate to use their labor policies, laws and regulations as an unjustified barrier to trade
Article 10.3. RESPECT FOR SHARED INTERNATIONAL COMMITMENTS
1. The Parties reaffirm their obligations as members of the ILO and their commitments under the ILO Declaration.
2. The Parties shall endeavor to ensure that their national labor laws and policies are consistent with the internationally recognized labor rights referred to in Article 10.1.
Article 10.4. COOPERATION IN LABOR MATTERS
1. Aware of the benefits that bilateral cooperation generates, the Parties agree to develop a Program of Cooperation Activities in the following areas, without excluding others that may be mutually agreed upon:
(a) fundamental labor rights and their effective application;
(b) institutional capacity of the agencies responsible for the administration and effective enforcement of labor legislation;
(c) labor competencies;
(d) labor inspection and surveillance; and
(e) social dialogue.
2. The Parties shall develop the Program of Cooperative Activities, based on national priorities and needs, which shall be prepared after the entry into force of this Agreement.
3. The implementation of the Program of Cooperative Activities shall be subject to the availability of appropriate human and financial resources of each Party, and shall take into account the differences in the size of the economies of the Parties;
4. The Parties shall implement the Program of Cooperative Activities, through mutually agreed modalities of cooperation of a technical and financial nature, such as:
(a) exchange of information, particularly on labor legislation and policy, labor market statistics and best labor practices of the other Party;
(b) exchange of missions of officials, professionals, technicians and experts, through public institutions, universities, private enterprise and organizations dedicated to labor issues;
(c) organization and participation in conferences, seminars, workshops, meetings and outreach programs, as well as training and coaching sessions;
(d) joint research and specialized publications; and