3. 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.
4. Each Party shall provide that its competent authorities may act ex officio to suspend the release of the goods, in case where there is clear evidence that the goods are infringing an intellectual property right stipulated in paragraph 1 without formal complaint from the private person or the right holder.
5. Each Party may provide that goods that have been suspended from release by its customs authorities, and that have been confiscated under infringement of an intellectual property right stipulated in paragraph 1 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.
6. Where an application fee, merchandise storage fee or disposal expense 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 15.27. Criminal Procedures and Remedies
1. Each Party shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright piracy on a commercial scale.
2. Each Party shall provide for criminal procedures and penalties to be applied in accordance with its laws and regulations for the willful unauthorized copy of a cinematographic work, or any part thereof, from a performance in a movie theater on a commercial scale.
3. Each Party shall provide:
(a) penalties that include sentences of imprisonment as well as monetary fines sufficient to provide a deterrent to future infringements, consistent with a policy of removing the infringer's monetary incentive;
(b) that its judicial authorities shall have the authority to order the seizure of suspected counterfeit or pirated goods, any related materials and implements used in the commission of the offense, any documentary evidence relevant to the offense, and any assets traceable to the infringing activity;
(c) that its judicial authorities shall, have the authority to order:
(i) the forfeiture or destruction of all counterfeit or pirated goods; and
(ii) the forfeiture or destruction of materials and implements that have been predominately used in the creation of pirated or counterfeit goods. Each Party shall provide that forfeiture and destruction under this subparagraph shall occur without compensation of any kind to the defendant.
Article 15.28. Measures Against Repetitive Copyright Infringements on the Internet
Each Party shall take effective measures to curtail repetitive infringement of copyright and related rights on the Internet or other digital network.
Article 15.29. Request for Information on the Alleged Infringer
Each Party may establish an administrative or judicial procedure enabling relevant authorities or copyright owners who have given effective notification of claimed infringement to obtain expeditiously from a service provider information in its possession identifying the alleged infringer.
Article 15.30. Cooperation
Under the established structure of this Agreement, each Party shall, upon request of the other Party, and in addition to the already existing forms of cooperation:
(a) exchange information relating to intellectual property policies in their respective administrations;
(b) provide technical assistance and training courses;
(c) inform the other Party of changes to, and developments in, the implementation of their national intellectual property systems;
(d) strengthen partnership in areas such as:
(i) offering necessary collaboration upon request from the other Party on evidence collection, technical assistance and information sharing when fighting against cross-border intellectual property crimes;
(ii) exchanges and cooperation on online copyright enforcement;
(iii) technology transfer on energy-saving and green technologies;
(iv) other areas that the Parties have consensus on.
(e) consider issues on intellectual property rights raised by businesses and industries.
Article 15.31. Committee on Intellectual Property Rights
1. The Parties hereby establish the Committee on Intellectual Property Rights (hereinafter referred to in this Article as the "Committee") as specified in Article 19.4 (Committees and Other Bodies).
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) carrying out other functions as may be delegated by the Joint Commission; and
(e) seeking to resolve disputes that may arise regarding the interpretation or application of this Chapter.
3. The Committee shall meet within one year after the date this Agreement enters into force and annually thereafter unless the Parties otherwise agree. The Committee shall inform the Joint Commission of the results of each meeting.
Chapter 16. Environment and Trade
Article 16.1. Context and Objectives
1. Recalling the Stockholm Declaration on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, and the Rio+20 Outcome Document "The Future We Want" of 2012, the Parties recognize that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development. They underline the benefit of cooperation on environmental issues as part of a global approach to sustainable development.
2. The Parties reaffirm their commitments to promoting economic development in such a way as to contribute to the objective of sustainable development and to ensuring that this objective is integrated and reflected in their trade relationship. 3. The Parties agree that environmental standards should not be used for trade protectionist purposes.
Article 16.2. Scope
Except as otherwise provided in this Chapter, this Chapter applies to the measures including laws and regulations adopted or maintained by the Parties for addressing environmental issues.
Article 16.3. Levels of Protection
1. The Parties reaffirm each Party's sovereign right to establish its own levels of environmental protection and its own environmental development priorities, and to adopt or modify its environmental laws and policies.
2. Each Party shall seek to ensure that those laws and policies provide for and encourage high levels of environmental protection, and shall strive to continue to improve its respective levels of environmental protection.
Article 16.4. Multilateral Environmental Agreements
1. The Parties recognize that multilateral environmental agreements (hereinafter referred to as "MEAs") play an important role globally and domestically in protecting the environment. The Parties further recognize that this Chapter can contribute to realizing the goals of such agreements.
2. The Parties commit to consulting and cooperating as appropriate with respect to negotiations in the MEAs to which both Parties are party on trade-related environmental issues of mutual interest.
3. The Parties reaffirm their commitments to the effective implementation in their laws and practices of the MEAs to which both Parties are party.
Article 16.5. Enforcement of Environmental Measures Including Laws and Regulations
1. A Party shall not fail to effectively enforce its environmental measures including laws and regulations, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.
2. The Parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in its environmental laws, regulations, policies and practices. Accordingly, neither Party shall waive or otherwise derogate from such laws, regulations, policies and practices in a manner that weakens or reduces the protections afforded in those laws, regulations, policies and practices.
3. Nothing in this Chapter shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.
Article 16.6. Environmental Impact
1. The Parties commit to reviewing the impact of the implementation of this Agreement on environment, at appropriate time after the entry into force of this Agreement, through their respective participative processes and institutions.
2. The Parties, as appropriate, share information with the other Party on techniques and methods in reviewing the environmental impacts of this Agreement.
Article 16.7. Bilateral Cooperation
1. Recognizing the importance of cooperation in the field of environment in achieving the goals of sustainable development, the Parties commit to building on the existing bilateral agreements or arrangements and to further strengthening cooperative activities in areas of common interest.
2. In order to promote the achievement of the objectives of this Chapter and to assist in the fulfillment of their obligations pursuant to it, the Parties have established the following indicative list of areas of cooperation:
(a) promotion of the dissemination of environmental goods including environmentally-friendly products and environmental services;
(b) cooperation on development of environmental technology and promotion of environmental industry;
(c) exchange of information on policies, activities and measures for environmental protection;
(d) establishment of environmental think-tanks cooperation mechanisms including exchange of environmental experts;
(e) capacity building which include workshops, seminars, fairs and exhibition in the field of the environment;
(f) build-up of environmental industry base in respective countries as a pilot area; and
(g) other forms of environmental cooperation as the Parties may deem appropriate.
3. The Parties reaffirm that both Parties shall reinforce their cooperation in the field of environment, including in the areas of prevention and control of air pollutants, committed in the existing bilateral agreement such as Memorandum of Understanding between the Ministry of Environmental Protection of the People's Republic of China and the Ministry of Environment of the Republic of Korea on Environmental Cooperation signed on 3 July 2014.
4. The Parties shall exert their best efforts to ensure that the applications and benefits of cooperative activities between them are as broad as possible.
Article 16.8. Institutional and Financial Arrangement
1. Each Party shall designate an office within its administration which shall serve as a contact point with the other Party for the purpose of implementing this Chapter.
2. A Party may through the contact points request consultations regarding any matter arising under this Chapter.
3. The Parties hereby establish a Committee on Environment and Trade (hereinafter in this Chapter referred to as the "Committee"). The Committee shall comprise senior officials from within the administrations of the Parties.
4. The Committee shall meet when deemed necessary to oversee the implementation of this Chapter.
5. The Parties recognize that adequate and sustainable financial resources are necessary for the implementation of this Chapter, and these resources should be made available.
Article 16.9. Non-application of Dispute Settlement
Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 17. Economic Cooperation
Section A. General Provisions
Article 17.1. Objectives
1. The Parties agree to strengthen economic cooperation with the aim to enhance the mutual benefits of this Agreement in accordance with their national strategies and policy objectives.
2. The cooperation under this Chapter shall pursue the following objectives:
(a) facilitating the implementation of this Agreement with a view to promoting economic and social development of the Parties; and
(b) creating and enhancing sustainable trade and investment opportunities by facilitating trade and investment between the Parties and by strengthening competitiveness and innovation capacities, with a view to promoting sustainable economic growth and development.
Article 17.2. Methods and Means
1. The Parties shall cooperate with the objective of identifying and employing effective methods and means for the implementation of this Chapter. To this end, the Parties shall coordinate efforts with relevant international organizations and develop, where practicable, synergies with other forms of bilateral cooperation already existing between the Parties.
2. Cooperation between the Parties will be implemented through the tools, resources, and mechanisms available to the Parties, following the existing rules and procedures through the competent bodies for the discharge of their cooperation relations.
3. The Parties may use instruments and modalities, such as exchange of information, experiences, and best practices, for the identification, development, and implementation of projects.
Article 17.3. Non-application of Dispute Settlement
Neither Party shall have recourse to Chapter 20 (Dispute settlement) for any matter arising under this Chapter.
Article 17.4. Committee on Economic Cooperation
1. The Parties hereby establish a Committee on Economic Cooperation (hereinafter referred to as the "Committee"), comprising representatives of each Party.
2. The Committee shall meet at least once a year to consider matters arising under this Chapter, and may meet more frequently as the Parties may agree.
3. The Committee's functions shall include, inter alia:
(a) monitoring and assessing the progress in implementation of the projects agreed by the Parties under this Chapter;
(b) making recommendations on the cooperative activities under this Chapter; and
(c) reviewing, through regular reporting from the Parties, the operation of this Chapter and the application and fulfillment of its objectives.
4. The Committee may establish other groups, if necessary, under its auspices.
Section B. Agro-Fisheries Cooperation
Article 17.5. Food Security
1. Recognizing the important role that two-way trade and investment play in achieving long-term food security, the Parties shall, as appropriate, endeavor to promote and facilitate productive and mutually beneficial trade and investment in agriculture and food.
2. The Parties shall explore opportunities to cooperate in the area of global food security, including through relevant regional and international fora such as G20, APEC, FAO and ASEAN 10+3.
Article 176. Fisheries Cooperation
1. The Parties, recognizing the social and economic importance of fish and fisheries products, shall endeavor to cooperate in the field of fisheries.
2. The objectives of cooperation in fisheries are to:
(a) strengthen and build on existing cooperative relationship (63) between the Parties; and
(b) facilitate sound fish and fishery products trade (64) between the Parties under the approach of sustainable and responsible fishing.
3. The Parties will cooperate in the field of fisheries under the existing mechanism through: (a) facilitating conservation and management of marine living resources;
(b) fostering more dialogues and exchange of information;
(c) strengthening the research and technical capacities for the development of fisheries between the Parties; and
(d) promoting the consumption of fish product in each Party.
Article 17.7. Forestry
1. The Parties, recognizing that stable supply and sound trade of forest products is a critical element of the bilateral strategic relationship, shall promote mutual cooperation in enhancing the security of supply of forest products between the Parties, through:
(a) working collectively to secure the stable supply of forest products;
(b) making best efforts to avoid any export restrictive measures on forest products unless such measures are presented with reasonable justifications;
(c) promoting the trade of forest products from legal sources; and
(d) promoting and facilitating mutual investment in the field of forestry, including forest plantation and wood processing industries.
2. The Parties shall endeavor to cooperate in the field of forestry. Such cooperation may include, but is not limited to, the following:
(a) development, utilization, and sustainable management of forest resources;
(b) cooperation on the conservation of natural ecosystem and restoration of rare or endangered species;
(c) facilitating the cooperation on addressing problems regarding illegal logging and the common understanding on timber legality verification;
(d) strengthening the exchange and cooperation on the storage techniques of forest germplasm resources;
(e) promoting the development of the woody ornamental plants, tree seed and treeseedling industries; and
(f) other fields of forestry which may be agreed through discussions by the Parties.
3. Types of cooperation may include, but are not limited to, the following:
(a) experience sharing and information exchange in the areas of mutual interests;
(b) promotion of joint fora, seminars, symposiums, conferences, research and development, education and training;
(c) exchange of researchers, technicians, experts and officials; and
(d) other types of cooperation as may be mutually determined by the Parties.
Section C. Industrial Cooperation
Article 17.8. Steel Cooperation
1. The Parties, as major exporters of steel products, shall promote cooperative activities in these fields.
2. Areas of steel industry cooperation may include, but are not limited to the following:
(a) exchanging information of both Parties on domestic regulations and supporting policy in the steel market.
(b) exchanging information of both Parties on the domestic steel market including supply and demand; and
(c) cooperation to promote a fair competitive environment in the steel market.
Article 17.9. Small and Medium-sized Enterprises Cooperation
1. The Parties shall endeavor to promote a favorable environment for the development of small and medium-sized enterprises (hereinafter referred to as the "SMEs").
2. The Parties will cooperate in the field of SMEs by encouraging relevant private and governmental bodies to build capacities of SMEs, including utilizing existing bilateral Small and Medium Business Policy Exchange Committee Mechanism, established by the relevant or competent authorities of the Parties.
3. Areas of SMEs cooperation may include, but are not limited to, the following:
(a) facilitating the investment flows between SMEs of the Parties;
(b) fostering more exchange of information on trade procedures, trade promotion networks, joint business fora, business cooperation instruments, and any other relevant statistics and information for traders who are SMEs;
(c) promoting training and exchange programs for small and medium-sized enterprises traders of the Parties, and exploring promising fields suitable for inter-governmental cooperation on SMEs;
(d) enhancing exchange of experiences between the public agencies of the Parties on initiatives and policy instruments for the development of enterprises, with a special focus on SMEs; and
(e) enhancing competitiveness of micro enterprise through cooperation of private and governmental bodies and exchange of information related with micro enterprise.
Article 17.10. Information and Communications Technology Cooperation
1. The Parties, recognizing the rapid development of Information and Communications Technology (hereinafter referred to as the "ICT") shall endeavor to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT for the Parties.
2. Areas of ICT Cooperation may include, but are not limited to, the following: