Article 15.52. RIGHT OF INFORMATION
Each Party shall provide that in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities shall have the authority to order the infringer to provide, for the purposes of collecting evidence, any information that the infringer possesses or controls regarding any person or persons involved in any aspect of the infringement and regarding the means of production or distribution channel of such goods or services, including the identification of third persons involved in the production and distribution of the infringing goods or services or in their channels of distribution, and to provide this information to the right holder or the judicial authorities.
Article 15.53. CONFIDENTIALITY ORDER
Each Party shall provide that its judicial authorities shall have the authority to impose sanctions, in appropriate cases, on a party (18) to a proceeding who fails to abide by confidentiality orders issued by such authorities.
Article 15.54. ADMINISTRATIVE PROCEDURES
To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, each Party shall provide that such procedures conform to principles equivalent in substance to those set out in this Chapte
Article 15.55. REMEDIES
In civil judicial proceedings concerning the acts described in Articles 15.32 and 15.33, each Party shall provide that its judicial authorities shall, at the least, have the authority to:
(a) impose provisional measures, including seizure of devices and products suspected of being involved in the prohibited activity;
(b) provide an opportunity for the right holder to elect award of either actual damages it suffered or pre-established damages;
(c) order payment to the prevailing right holder at the conclusion of civil judicial proceedings of court costs and fees, and reasonable attorney’s fees, by the party engaged in the prohibited conduct; and
(d) order the destruction of devices and products found to be involved in the prohibited activity.
Neither Party may make damages available under this paragraph against a nonprofit library, archives, educational institution, or public noncommercial broadcasting entity that sustains the burden of proving that it was not aware and had no reason to believe that its acts constituted a prohibited activity
Article 15.56. PROHIBITION OF INFRINGING IMPORTS AND THEIR EXPORTATION
In civil judicial proceedings concerning the enforcement of intellectual property rights, each Party shall provide that its judicial authorities shall have the authority to order a party to desist from an infringement, in order, inter alia, to prevent infringing imports from entering the channels of commerce and to prevent their exportation.
Article 15.57. EXPERTS’ COSTS
In the event that a Party’s judicial or other competent authorities appoint technical or other experts in civil proceedings concerning the enforcement of intellectual property rights and require that the parties to the litigation bear the costs of such experts, the Party should seek to ensure that such costs are closely related, inter alia, to the quantity and nature of work to be performed and do not unreasonably deter recourse to such proceedings.
Article 15.58. ALTERNATIVE DISPUTE RESOLUTION
Each Party may permit use of alternative dispute resolution procedures to resolve civil disputes concerning copyright and related rights.
Article 15.59. PROVISIONAL MEASURES
1. Each Party shall act on requests for provisional measures inaudita altera parte expeditiously in accordance with its rules of judicial procedure.
2. Each Party shall provide that its judicial authorities have the authority to require the plaintiff, with respect to provisional measures, to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the plaintiff’s right is being infringed or that such infringement is imminent, and to order the plaintiff to provide a reasonable security or equivalent assurance set at a level sufficient to protect the defendant and to prevent abuse, and so as not to unreasonably deter recourse to such procedures.
Subsection C. Special Requirements Related to Border Measures
Article 15.60. INFORMATION PROVIDED BY RIGHT HOLDERS TO COMPETENT AUTHORITIES
Each Party shall provide that any right holder initiating procedures for its competent authorities to suspend release of suspected counterfeit or confusingly similar trademark goods, or pirated copyright goods (19) into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, 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 suspected goods reasonably recognizable by its competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to these procedures. Each Party shall provide that the application to suspend the release of goods shall apply to all points of entry to its territory.
counterfeit trademark goods means any goods, including packaging, bearing without authorization 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 country of importation; and
pirated copyright goods means any goods that are copies made without the consent of the right holder or person duly authorized 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 country of importation.
Article 15.61. INFORMATION PROVIDED BY COMPETENT AUTHORITIES TO RIGHT HOLDERS
Where the competent authorities have made a determination that goods are counterfeit or pirated, a Party shall inform the right holder within a reasonable time frame of the names and addresses of the consignor, the importer, or the consignee, and of the quantity of the goods in question.
Article 15.62. REASONABLE SECURITY OR ASSURANCE
Each Party shall provide that its competent authorities shall have the authority to require a right holder initiating procedures to suspend the release of suspected infringing 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 the security or equivalent assurance shall not unreasonably deter recourse to these procedures.
Article 15.63. EX OFFICIO BORDER ENFORCEMENT
Each Party shall provide that its competent authorities may initiate border measures ex officio (20) with respect to imported, exported, or in-transit merchandise. (21) Such measures shall be used when there is a reason to believe or suspect that such merchandise is counterfeit or pirated.
Article 15.64. DESTRUCTION
Each Party shall provide that goods that have been suspended from release by its competent authorities, and that have been forfeited as pirated or counterfeit, shall be destroyed, except in exceptional circumstances. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient to permit the release of the goods into the channels of commerce.
Article 15.65. FEES
Where an application fee or merchandise storage fee is assessed in connection with border measures to enforce an intellectual property right, each Party shall provide that the fee shall not be set at an amount that unreasonably deters recourse to these measures.
Article 15.66. EXCHANGE OF TECHNICAL INFORMATION
Each Party shall endeavor to provide the other Party, on mutually agreed terms, information on the enforcement of border measures concerning intellectual property rights, to promote bilateral and regional cooperation on these matters.
Subsection D. Criminal Procedures and Remedies
Article 15.67. CRIMINAL PROCEDURES AND PENALTIES
Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright or related rights infringements on a commercial scale.
Article 15.68. PENALTIES, SEIZURE, FORFEITURE, AND DESTRUCTION
1. Remedies available in accordance with Article 15.55 shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure of suspected goods, and any materials and implements predominantly used in the commission of the alleged offence, as well as forfeiture and destruction of the infringing goods, and any materials and implements predominately used in the commission of the offence.
2. The Parties may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed willfully and on a commercial scale.
Subsection E. Effective Action Against Infringement In the Digital Environment
Article 15.69. LIMITATIONS ON LIABILITY OF SERVICE PROVIDERS
The Parties agree to maintain the type of limitations of responsibility of service providers they currently foresee in their legislation in order to comply with their international obligations.
Article 15.70. MEASURES AGAINST REPETITIVE INFRINGEMENT ON THE INTERNET
Each Party shall endeavor to take effective measures to curtail repetitive infringement of copyright and related rights on the Internet or other digital networks.
Section I. Technology Transfer and Cooperation
Article 15.71. TECHNOLOGY TRANSFER
1. The Parties recognize the importance of technological innovation as well as the transfer and dissemination of technological information to the mutual advantage of technology producers and users, particularly in the new digital economy. In this regard, the Parties are encouraged to promote cooperation in relation to science, technology, entrepreneurship and innovation, subject to the available resources and conditions.
2. The Parties recognize that technology transfer contributes to the strengthening of national capabilities with the aim of establishing a sound and viable technological base.
Article 15.72. COOPERATION
1. The areas of cooperation may include the following:
(a) exchange of information on the legal framework concerning intellectual property right and relevant rules of protection and enforcement;
(b) exchange of experience on legislative process;
(c) capacity building for officials on intellectual property rights;
(d) promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; promotion of public awareness of consumers and right holders;
(e) exchange information on the implementation of intellectual property rights in, inter alia, business circles and civil society;
(f) exchange information on the implementation of intellectual property systems aimed at promoting the efficient registration of intellectual property rights; and
(g) other areas of mutual interest concerning intellectual property rights.
2. Cooperation activities shall be conducted on mutually agreed terms and subject to the availability of funds.
Section J. Committee on Intellectual Property Right
Article 15.73. COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS
1. The Parties hereby establish the Committee on Intellectual Property Rights (hereinafter referred to as the “Committee”). The Committee shall be comprised by the following, for:
(a) Korea, the Ministry of Trade, Industry and Energy in collaboration with the competent institutions in the matters to be addressed;
(b) Costa Rica, the Ministry of Foreign Trade (Ministerio de Comercio Exterior) and the National Registry (Registro Nacional);
(c) El Salvador, the Ministry of Economy (Ministerio de Economía) in collaboration with the competent institutions in the matters to be addressed;
(d) Honduras, the Secretariat of State in the Office of Economic Development (Secretaría de Estado en el Despacho de Desarrollo Económico) and the General Directorate of Intellectual Property (Dirección General de Propiedad Intelectual);
(e) Nicaragua, the Ministry of Development, Industry and Trade (Ministerio de Fomento, Industria y Comercio), in collaboration with the competent institutions in the matters to be addressed; and
(f) Panama, the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias) in collaboration with the competent institutions in the matters to be addressed, or their successors.
2. For the purposes of the effective implementation and operation of this Chapter, the functions of the Committee shall include, but are not limited to:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) discussing ways to facilitate cooperation between the Parties;
(c) exchange of information on laws, systems and other issues of mutual interest concerning intellectual property rights;
(d) seeking to resolve disputes that may arise regarding the interpretation or application of this Chapter; and
(e) carrying out other functions as may be assigned by the Joint Committee or agreed by the Parties.
3. Unless the Parties otherwise agree, the Committee shall meet within one year after the date of entry into force of this Agreement and annually thereafter. Meetings may be conducted in person or by any technological means available to the Parties. The Committee shall inform the Joint Commission of the results of each meeting
Chapter 16. LABOR
Article 16.1. CONTEXT AND OBJECTIVES
1. The Parties recognize that this Chapter enshrines a cooperative approach based on common values and interests, taking into account the differences in their levels of development.
2. The Parties recognize that it is not their intention in this Chapter to harmonize their labor standards, but to strengthen their trade relations and cooperation in a way that promotes sustainable development.
3. The objectives of this Chapter are to:
(a) promote the common aspiration that free trade and investment should lead to job creation, and decent work, with terms and conditions of employment that adhere to the principles in International Labor Organization Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998) (hereinafter referred to as the “ILO Declaration”);
(b) encourage and achieve better understanding of each Party’s labor systems, sound labor policies and practices, and the improved capacity of each Party, including their relevant stakeholders, through increased cooperation and dialogue;
(c) promote the improvement of working conditions within the respective Parties' territories and protect, enhance and enforce fundamental rights of workers; and
(d) enable the discussion and exchange of views on labor issues of mutual interest without undermining the labor laws of each Party.
Article 16.2. GENERAL PRINCIPLES AND COMMITMENTS
1. The Parties reaffirm their obligations as members of the International Labor Organization (hereinafter referred to as the “ILO”) and their commitments under the ILO Declaration. Each Party shall strive to adopt and maintain in its laws, regulations, and practices thereunder, the following rights as stated in the ILO Declaration:
(a) the freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labor;
(c) the effective abolition of child labor; and
(d) the elimination of discrimination in respect of employment and occupation.
2. Each Party shall respect the other Party's sovereign right to set its own policies and national priorities and to set, administer and enforce its own labor laws, regulations and practices according to its policies and priorities.
3. The Parties shall not fail to effectively enforce their labor laws, including those they adopt or maintain in accordance with paragraph 1, through a sustained or recurrent action or inaction, in a manner affecting trade or investment between the Parties. The Parties recognize that each Party retains the right to exercise discretion with respect to the distribution of enforcement resources and to make decisions regarding the allocation of enforcement resources.
4. Neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, its laws or regulations implementing paragraph 1, in a manner affecting trade or investment between the Parties, where the waiver and derogation would be inconsistent with the principles set out in paragraph 1.
5. Each Party shall ensure that its labor laws, regulations, policies and practices shall not be used for trade protectionist purposes.
Article 16.3. PROCEDURAL GUARANTEES AND PUBLIC AWARENESS
1. Each Party shall ensure that persons with a recognized interest under its law in a particular matter have appropriate access to tribunals for the enforcement of the Party's labor laws. Such tribunals may include administrative, quasi-judicial, judicial, or labor tribunals.
2. Each Party shall ensure that proceedings before such tribunals for the enforcement of its labor laws are fair, equitable, and transparent.
3. Each Party shall promote public awareness of its labor laws, regulations, policies and practices domestically, and may develop mechanisms as appropriate to inform its public of activities undertaken pursuant to this Chapter, in accordance with its laws, regulations, policies and practices.
4. The Parties recognize the desirability of clear, well understood and broadly consulted labor laws, regulations, policies and practices.
Article 16.4. INSTITUTIONALARRANGEMENTS
Contact Points
1. Each Party shall designate a contact point for labor matters within its labor ministry or other relevant ministries to facilitate communication between the Parties. After the date of entry into force of this Agreement, the Parties shall provide their contact information and notify of any changes of its contact point in due time.
Labor Committee
2. The Parties hereby establish a Labor Committee (hereinafter referred to as the “Committee”). The Committee shall comprise appropriate senior officials from the labor ministry and other ministries of each Party.
3. The Committee shall:
(a) establish an agreed work program of cooperative activities;
(b) oversee and evaluate the agreed cooperative activities;
(c) serve as a forum for dialogue on labor matters of mutual interest;
(d) review the operation and outcomes of this Chapter; and
(e) take any other action it decides appropriate for the implementation of this Chapter.
4. Unless the Parties otherwise agree, the Committee shall meet within one year after the date of entry into force of this Agreement, and thereafter as necessary, to discuss matters of common interest and oversee the implementation of this Chapter, including the cooperative activities set out in Article 16.6. Meetings may be conducted in person or by any technological means available to the Parties.
Public Participation
5. The Committee may consult or seek the advice of relevant stakeholders or experts over matters relating to the implementation of this Chapter.
Article 16.5. CONSULTATION
1. Any matter arising related to the interpretation or implementation of this Chapter shall be resolved amicably and bona fide by the Parties through direct dialogue, consultations, and cooperation.
2. A Party may request consultations with the other Party by delivering a written request to the contact point designated under Article 16.4.1. The consultation shall begin promptly after delivery of the request.
3. If the Parties fail to resolve the matter through their contact points, the requesting Party may request that the Committee be convened to consider the matter. The Committee shall convene promptly and endeavor to resolve the matter expeditiously.
4. The Committee shall produce a report providing conclusions and recommendations on resolving the matter, and both Parties shall strive to implement the conclusions and recommendations of the Committee as soon as practicable.
5. Neither Party shall have recourse to Chapter 22 (Dispute Settlement) for any matter arising under this Chapter.
Article 16.6. COOPERATION
1. The Parties commit to establish close relationship through cooperative activities in areas of mutual interest as set out in paragraphs 2 and 3, in order to promote the objectives of this Chapter and enhance better understanding on the other Party's labor system.
2. The areas of cooperation between the Parties pursuant to this Chapter may include, but are not limited to:
(a) labor policies of mutual interest;
(b) labor management relations;
(c) working conditions;
(d) occupational safety and health;
(e) vocational training and human resource development;
(f) labor statistics; and
(g) such other labor matters as the Parties may agree in accordance with their labor legislations.
3. Cooperative activities may be implemented through a variety of means, which may include, but should not be limited to:
(a) arranging study visits and other exchanges between government delegations, professionals, students and specialists;
(b) exchanging information on labor legislation and best practices;
(c) organizing joint conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;
(d) developing collaborative projects or demonstrations;
(e) engaging in joint research projects, studies, and reports, including through engagement of independent experts with recognized expertise; and
(f) other forms of technical exchanges or cooperation to which the Parties may agree.
4. Any cooperative activities agreed to pursuant to paragraph 3 shall take into consideration each Party's labor priorities and needs, as well as the resource available. Any specific activity or project launched by mutual determination may also be documented in a separate arrangement.
5. Each Party may, as appropriate, invite the participation of its unions and employers or other persons and organizations of its country in identifying potential areas for cooperation, and undertaking cooperative activities.
Chapter 17. ENVIRONMENT
Article 17.1. CONTEXT AND OBJECTIVES
1. The Parties reaffirm their commitments to promoting the development of international trade in such a way as to contribute to the objective of sustainable development and will strive to ensure that this objective is integrated and reflected at every level of their trade relationship.
2. The Parties recognize that economic development, social development, and environmental protection are interdependent and mutually reinforcing components of sustainable development. They underline the benefits of cooperation on trade-related environmental issues as part of a global approach to trade and sustainable development.
3. The Parties recognize that it is not their intention in this Chapter to harmonize their environmental laws, but to strengthen their trade relations and cooperation in a way that promotes sustainable development in the context of paragraphs 1 and 2.