(a) was made by the designer, applicant or a person that obtained the information from the designer or applicant inside or outside the territory of each Party;
(b) occurred within at least 12 months prior to the date of filing of the application or priority date as applicable; and
(c) if other requirements that the Party may impose in national legislation were met. (28)
Article 11.28. Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent and Industrial Design
Each Party shall provide a system for the examination and registration of patents or industrial designs which includes, among other things:
(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register patent or industrial design;
(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register patent or industrial design;
(c) providing an opportunity for interested parties to seek cancellation or invalidation of a registered patent or industrial design, and in addition may provide an opportunity for interested parties to oppose the registration of patent or industrial design; and
(d) requiring decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means.
Article 11.29. Amendments, Corrections, and Observations
1. Each Party shall provide an applicant for a patent or industrial design with at least one opportunity to make amendments, corrections or observations in connection with its application at least during the examination procedure.
2. Each Party may provide a right holder of a patent or industrial design with opportunities to make amendments or corrections after registration provided that such amendments or corrections do not change or expand the scope of the patent or industrial design right as a whole (29) according to national law and regulations.
Article 11.30. Industrial Design Protection
1. Each Party shall ensure that requirements for securing or enforcing registered industrial design protection do not unreasonably impair the opportunity to obtain or enforce such protection.
2. The duration of protection available for registered industrial designs shall amount to at least 20 years from the date of filing.
Article 11.31. Exceptions
A Party may provide limited exceptions to the exclusive rights conferred by a patent or an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent or an industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties.
Section G. COPYRIGHT AND RELATED RIGHTS
Article 11.32. General Provision
1. Without prejudice to the obligations set out in the international agreements to which the Parties are party, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers ofphonograms and videograms and broadcasting organizations for their works, performances, phonograms, videograms, and broadcasts, respectively.
2. In addition to the protection provided for in the international agreements to which the Parties are party or which the Parties shall ratify or accede to under this Agreement, each Party shall:
(a) grant and ensure protection as provided for in Articles 5 through 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual, and visual performances; and
(b) grant and ensure protection as provided for in Articles 11 through 14 of the WPPT, mutatis mutandis, to producers of videograms.
3. Each Party shall ensure that a broadcasting organization has at least the exclusive right of authorizing the following acts: the retransmission, the distribution of fixations, the transmission following fixation, the making available of fixed broadcasts, and the rebroadcasting by wireless means of broadcasts.
4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their visual and audiovisual performances, to the protection of producers of videograms and of broadcasting organizations as it provides for, in its national legislation, in connection with the protection of copyright in literary and artistic works.
Article 11.33. Term of Protection for Copyright and Related Rights
Each Party shall provide that in cases in which the term of protection of a work, performance or phonogram is to be calculated:
(a) on the basis of the life of a natural person, the term shall be not less than the life of the author and 50 years after the author's death; and
(b) the term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed;
(c) the term of protection to be granted to producers of phonograms and of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram and videogram was published, or failing such publication within 50 years from fixation of the phonogram and videogram, 50 years from the end of the year in which the fixation was made;
(d) the term of protection to be granted to broadcasting organizations under this Agreement shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcast took place.
Article 11.34. Limitations and Exceptions
1 . With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.
2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT.
Article 11.35. Balance In Copyright and Related Rights Systems
Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of limitations or exceptions that are consistent with Article 11.34, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled. (30) (31)
Article 11.36. Contractual Transfers
Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (32) in a work, performance or phonogram:
(a) may freely and separately transfer that right by contract; and
(b) by virtue of contract, including contracts of employment underlying the creation of works, performances or phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right. (33)
Article 11.37: Obligations concerning Protection of Technological Measures and Rights Management Information I. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alters any electronic rights management information and/or distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.
2. For the purposes of this Article, the expression "rights management information" means any information provided by a right holder that identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph 1 shall apply when any of these items of information is associated with a copy of, or appears in connection with
Article 11.38. Collective Management
The Parties recognize the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.
Section H. ENFORCEMENT
Article 11.39. General Obligation In Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
Article 11.40. Border Measures
1. Each Party shall, in conformity with its domestic law and regulations and the provisions of Part HI, Section 4 of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods.
2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part Ill, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory as per its domestic laws and regulation.
Chapter 12. INVESTMENT
Article 12.1. UAE-Serbia Bilateral Investment Treaty
The Parties note the existence of and reaffirm the Agreement between the Republic of Serbia and the United Arab Emirates on the Promotion and Reciprocal Protection of Investments, done at Abu Dhabi on 17 February 2013 ("Serbia-UAE Bilateral Investment Agreement").
Article 12.2. Promotion of Investment
The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. Consistent with Article 2 of the Serbia-UAE Bilateral Investment Agreement, the Parties shall take appropriate measures to encourage and facilitate the exchange of goods and services and to secure favorable conditions for long-term economic development and diversification of trade between the two countries.
Article 12.3. Technical Council
The Parties shall establish a Serbia-United Arab Emirates Council on Investment ("the Council"), which shall be composed of representatives of both Parties. The side of Serbia will be chaired by the Ministry of Economy of Serbia or its successor and the side of the United Arab Emirates will be chaired by UAE Ministry of Finance. The Council may establish working groups as the Parties deem necessary.
Article 12.4. Objectives of the Council
1. The objectives of the Council are as follows:
(a) to promote and enhance economic cooperation between the Parties;
(b) to monitor trade and investment relations, to identify opportunities for expanding investment, and to identify issues relevant to investment that may be appropriate for negotiation in an appropriate forum;
(c) to hold consultations on specific investment matters of interest to the Parties;
(d) to work toward the enhancement of investment flows;
(e) to identify and work toward the removal of impediments to investment flows; and
(f) to seek the views of the private sector, where appropriate, on matters related to the work of the Council.
2. For further clarification, the Council shall not undertake the role of "Settlement of disputes between a Contracting Party and an investor of the other Contracting Party" nor shall it undertake the role of "Settlement of disputes between the Contracting Parties" as established by Articles 9 and 10 of the Serbia-UAE Bilateral Investment Agreement.
Article 12.5. Role of the Council
The Council shall meet at such times and venues as agreed by the Parties, but the Parties shall endeavour to meet no less than once per year. A Party may refer a specific investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered unless the requesting Party agrees to postpone discussion of the matter. Each Party shall endeavour to provide for an opportunity for the Council to discuss a matter before taking actions that could affect adversely the investment interests of the other Party.
Article 12.6. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Chapter 13. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 13.1. General Principles
1. The Parties, recognizing the fundamental role of small and medium-sized enterprises ("SMEs") in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster closer cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognize the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
Article 13.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, the Parties shall seek to increase trade and investment opportunities, and in particular shall:
(a) promote cooperation between their small business support infrastructure, including dedicated SME centers, incubators and accelerators, export assistance centers, and other centers as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen their collaboration on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade;
(c) enhance their cooperation to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and
(d) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs and counselors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 13.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Party; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) taxation or accounting issues;
(k) government procurement opportunities; and
(I) other information which the Party considers to be useful for SMEs.
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information described in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavor to make this information available, as appropriate.
Article 13.4. Subcommittee on SME Issues
1. The Parties hereby establish the Subcommittee on SME Issues ("SME Subcommittee"), comprising national and local government representatives of each Party.
2. The SME Subcommittee shall:
(a) identify ways to assist SMEs in the Paities' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territory of the other Party, and establishing good business credentials;
(d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
(e) explore opportunities for capacity building to facilitate each Party's work in developing and enhancing SME export counseling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 13.3;
(g) review and coordinate its work program with the work of other subcommittees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage subcommittees, working groups and other subsidiary bodies established under this Agreement to consider SME-related commitments and activities into their work;
(i) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programs as appropriate;
(j) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Patties' regional and global supply chains;
(k) promote the participation of SMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(I) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Joint Committee; and
(n) consider any other matter pertaining to SMEs as the SME Subcommittee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Subcommittee shall .convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Subcommittee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
Article 13.5. Dispute Settlement
Neither Party shall have recourse to Chapter 15 (Dispute Settlement) of this Agreement for any matter arising under this Chapter.
Chapter 14. ECONOMIC COOPERATION
Article 14.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalize and facilitate trade and investment between them and foster economic growth.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
Article 14.2. Scope
1. Economic cooperation under this Chapter shall support the effective and efficient implementation and utilisation of this Agreement through activities that relate to trade and investment.
2. Economic cooperation under this Chapter shall initially focus on the following areas:
(a) infrastructure and logistics;
(b) tourism;
(c) transports;
(d) shipping and maritime;
(e) investment and trade promotion;
(f) digital economy and information communication technology ("TCT");
(g) energy;
(h) innovation; and
(i) other areas of cooperation identified in other Chapters of this Agreement.
3. The Parties may agree in the Annual Work Program on Economic Cooperation Activities ("Annual Work Program") to modify the above list, including by adding other areas for economic cooperation.