2. The functions of the Committee shall include, inter alia:
(a) monitoring the implementation and administration of this Chapter;
(b) reporting to the Commission on the implementation and administration of this Chapter, as appropriate;
(c) promptly addressing matters that a Party proposes with respect to the development, adoption, application, or enforcement of standards, technical regulations, or conformity assessment procedures;
(d) encourage joint cooperation of the Parties in the development and improvement of standards, technical regulations, and conformity assessment procedures, including metrology;
(e) facilitate sectoral cooperation between governmental and non-governmental bodies on standards, technical regulations and conformity assessment procedures, including metrology, in the territories of the Parties, as appropriate;
(f) exchange information on the work being carried out in nongovernmental, regional and multilateral fora involved in activities related to standards, technical regulations and conformity assessment procedures;
(g) resolve consultations on any matter arising under this Chapter, at the request of a Party;
(h) review this Chapter in the light of any developments under the TBT Agreement, and decisions or recommendations of the WTO TBT Committee, and make suggestions on possible amendments to this Chapter;
(i) take any other action that the Parties consider will assist them in the implementation of this Chapter and the TBT Agreement and in the facilitation of trade between the Parties;
(j) recommend to the Commission the establishment of working groups to address specific matters related to this Chapter and the TBT Agreement; and
(k) address any other matter related to this Chapter.
3. The representatives of each Party shall be responsible for coordinating with the relevant bodies and persons in its territory, as well as for ensuring that such bodies and persons are convened.
4. Unless otherwise agreed by the Parties, the Committee shall meet at least once a year, on the date and as agreed by the Parties, at least once a year, on the date and according to the agenda previously agreed. The first meeting of the Committee shall be held no later than one year after the date of entry into force of this Agreement. Extraordinary meetings of the Committee may be held by mutual agreement of the Parties.
5. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.
6. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules during its first meeting.
7. All decisions of the Committee shall be taken by mutual agreement.
Article 7.12. EXCHANGE OF INFORMATION
1. Any information or explanation that is provided at the request of a Party in accordance with the provisions of this Chapter shall be provided in printed or electronic form within 30 days, which may be extended upon justification by the reporting Party.
2. With respect to the exchange of information, in accordance with Article 10 of the TBT Agreement, the Parties shall apply the recommendations indicated in the document Decisions and Recommendations adopted by the TBT Committee of the WTO since January 1, 1995, G/TBT/1/Rev.10, June 9, 2011 Section V-B Exchange of Information issued by the TBT Committee.
Article 7.13. DEFINITIONS
For the purposes of this Chapter, the terms and definitions in Annex 1 of the TBT Agreement shall apply.
Chapter 8. TRADE DEFENSE
Section A. BILATERAL SAFEGUARD MEASURES
Article 8.1. IMPOSITION OF A BILATERAL SAFEGUARD MEASURE
1. During the transition period, if as a result of the reduction or elimination of a customs duty under this Agreement, a good originating in one of the Parties is being imported into the territory of the other Party in such increased quantities in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury or threat of serious injury to the domestic industry producing a like or directly competitive good, the importing Party may adopt a bilateral safeguard measure described in paragraph 2.
2. If the conditions set out in paragraph 1 are met, a Party may, to the extent necessary to prevent or remedy serious injury or threat thereof and to facilitate adjustment:
(a) suspend the further reduction of any rate of duty provided for in this Agreement for the good; or
(b) increase the rate of duty for the good to a level that does not exceed the lesser of:
(i) the MFN rate of duty applied at the time the measure is applied; or
(ii) the prime rate of duty as set out in Annex 2-B (Tariff Elimination Program)(1) .
3. The adoption of a bilateral safeguard measure under this Section shall not affect goods that on the date of entry into force of the measure are actually shipped as evidenced by the shipping documents, provided that they are destined for final consumption or final importation no later than 20 days after the completion of unloading in the territory of the importing Party.
Article 8.2. RULES FOR A BILATERAL SAFEGUARD MEASURE
1. No Party may maintain a bilateral safeguard measure:
(a) except to the extent and for the period necessary to prevent or remedy serious injury and to facilitate readjustment;
(b) for a period exceeding two years; except that this period may be extended for an additional two years if the competent authority determines, in accordance with the procedures set out in Article 8.3, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is in the process of adjustment; or
(c) after the expiration of the transition period.
2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure exceeds one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application.
3. A Party may not apply a bilateral safeguard measure more than once against the same good until a period equal to the duration of the previous bilateral safeguard measure, including any extension, has elapsed, starting from the termination of the previous bilateral safeguard measure, provided that the period of non-application is at least one year.
4. Upon termination of the bilateral safeguard measure, the Party that has adopted the bilateral safeguard measure shall apply the tariff rate in accordance with its Schedule to Annex 2-B (Tariff Elimination Schedule).
Article 8.3. INVESTIGATION PROCEDURES AND TRANSPARENCY REQUIREMENTS
1. A Party may apply a bilateral safeguard measure only after an investigation conducted by the Party's competent authority in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards; and for this purpose, Articles 3 and 4.2(c) of the Agreement on Safeguards, and Articles 3 and 4.2(c) of the Agreement on Safeguards, shall apply a bilateral safeguard measure only after an investigation conducted by the Party's competent authority in accordance with Article 8.3 (c) of the Agreement on Safeguards are hereby incorporated into and made an integral part of this Agreement, mutatis mutandis.
2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Articles 4.2(a) and 4.2(b) of the Agreement on Safeguards; and for this purpose, Articles 4.2(a) and 4.2(b) of the Agreement on Safeguards are incorporated into and made an integral part of this Agreement, mutatis mutandis.
3. Each Party shall ensure that its competent authorities complete this type of investigation within the time limits established in its legislation.
Article 8.4. PROVISIONAL BILATERAL SAFEGUARD MEASURES
1. In critical circumstances, where any delay would cause damage which would be difficult to repair, a Party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports of goods originating in the other Party, as a result of the reduction or elimination of a customs duty under this Agreement, have caused or are threatening to cause serious injury to the domestic industry.
2. The duration of the provisional bilateral safeguard shall not exceed 200 days, shall take any of the forms provided for in Article 8.1.2, and shall comply with the relevant requirements of Articles 8.1 and 8.3. Guarantees or funds received for provisional measures shall be released or refunded promptly, where the investigation does not determine that increased imports have caused or threatened to cause serious injury to the domestic industry. The duration of any provisional bilateral safeguard measure shall be counted as part of the duration of a definitive bilateral safeguard measure.
3. No Party shall apply provisional measures earlier than 45 days from the date of initiation of the investigation.
Article 8.5. NOTIFICATION AND CONSULTATION
1. A Party shall promptly notify the other Party in writing when it:
(a) initiates a bilateral safeguard proceeding pursuant to this Section;
(b) applies a provisional bilateral safeguard measure; and
(c) adopts a final decision to apply or extend a bilateral safeguard measure.
2. A Party shall provide to the other Party a copy of the public version of the report of its competent investigating authority required under Article 8.3.1.
3. On request of a Party whose good is subject to a bilateral safeguard proceeding under this Chapter, the Party conducting the proceeding shall, within 15 days of the request, initiate consultations with the requesting Party to review the notifications under paragraph 1 or any public notice or report issued by the competent investigating authority in connection with such proceeding.
Article 8.6. COMPENSATION
1. No later than 30 days after it implements a bilateral safeguard measure, a Party shall provide an opportunity for consultations with the other Party regarding appropriate trade liberalization compensation in the form of concessions having substantially equivalent effect on trade, or equivalent to the value of the additional duties expected as a result of the measure.
2. If the Parties are unable to agree on compensation within 30 days after the initiation of consultations, the exporting Party may suspend the application of concessions substantially equivalent to the trade of the Party applying the bilateral safeguard measure.
3. The exporting Party shall notify the Party applying the bilateral safeguard measure in writing at least 30 days before suspending concessions under paragraph 2.
4. The right of suspension referred to in paragraph 2 shall not be exercised during the first two years that the bilateral safeguard measure is in effect, provided that the safeguard measure was taken as a result of an increase in absolute terms of imports and that such measure is in conformity with the provisions of this Agreement.
5. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the date of termination of the bilateral safeguard measure.
Article 8.7. DEFINITIONS
For the purposes of this Section
threat of serious injury means the clear imminence of serious injury based on facts and not merely on allegation, conjecture or remote possibility;
competent investigating authority means:
(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.
(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,
or its successors;
substantial cause means a cause that is important and not less than any other cause;
serious injury means a significant overall impairment of the position of a domestic industry;
transition period means the five-year period beginning on the date of entry into force of this Agreement, except for any good for which Annex 2-B (Tariff Elimination Schedule) of the Party applying the safeguard measure provides that the Party eliminates its duties on the good over a period of five years or more, where transition period means the period of tariff elimination for the good set out in Annex 2-B (Tariff Elimination Schedule) plus an additional two-year period.
Section B. AGGREGATE SAFEGUARD MEASURES
Article 8.8. AGGREGATE SAFEGUARD MEASURES
1. Each Party retains its rights and obligations under Article XIX of the GATT 1994 and the Agreement on Safeguards.
2. This Agreement confers no additional rights or obligations on the Parties with respect to actions taken pursuant to Article XIX of the GATT 1994 and the Agreement on Safeguards, except that the Party imposing a global safeguard measure may exclude imports of a good originating in the other Party if such imports do not constitute a substantial cause of serious injury or threat of serious injury.
3. For the purposes of paragraph 2, imports from the other Party shall normally be considered not to constitute a substantial cause of serious injury or threat of serious injury if that Party is not among the five principal suppliers of the good subject to the proceeding, based on its share of total imports during the three years immediately preceding the initiation of the investigation.
4. No Party shall apply with respect to the same good and during the same period:
(a) a bilateral safeguard measure under Section A; and
(b) a measure under Article XIX of the GATT 1994 and the Agreement on Safeguards.
5. For the purposes of this Section, competent investigating authority means:
(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.
(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,
or its successors.
6. Except as provided in paragraphs 2, 3 and 4, Chapter 18 (Dispute Settlement) shall not apply to this Section.
Section C. ANTIDUMPING AND COUNTERVAILING DUTIES
Article 8.9. ANTIDUMPING AND COUNTERVAILING DUTIES
1. Each Party retains its rights and obligations under Article VI of the GATT 1994, the Antidumping Agreement, and the Subsidies Agreement with respect to the application of antidumping and countervailing duties.
2. Except as provided in paragraphs 3 and 4, nothing in this Agreement shall be construed to impose any rights or obligations on the Parties with respect to antidumping and countervailing duties.
3. Upon receipt of a properly documented application for an antidumping or countervailing duty measure relating to imports of goods originating in the other Party, and prior to the initiation of the investigation, the competent investigating authority shall notify the other Party of the receipt of the application and provide adequate opportunity for informational or other technical meetings with respect to such application. Such technical meetings shall not interfere with the decision whether or not to initiate the investigation of dumping or subsidization.
4. In the event that price or other undertakings have been proposed in an antidumping or subsidy investigation, the competent investigating authority shall afford adequate opportunity for consultation with the other Party with respect to the proposed undertakings which, if accepted, could result in the suspension of the investigation without the imposition of antidumping or countervailing duties, in accordance with the laws of each Party.
5. For the purposes of this Section, competent investigating authoritymeans:
(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.
(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,
or its successors.
6. Except as provided in paragraphs 3 and 4, Chapter 18 (Dispute Settlement) shall not apply to this Section.
Section D. COOPERATION
Article 8.10. COOPERATION
The Parties agree to establish a mechanism for cooperation between their investigating authorities. Cooperation between the Parties may include, inter alia, the following activities:
(a) exchange of available non-confidential information on trade defense investigations, including circumvention investigations, that they have conducted with respect to imports originating in or coming from third countries, other than the Parties;
(b) technical assistance in trade defense matters; and
(c) exchange of information to improve understanding of this Chapter and the Parties' trade defense regimes.
Chapter 9. INTELLECTUAL PROPERTY
Article 9.1. BASIC PRINCIPLES
1. The Parties recognize that the protection and enforcement of intellectual property rights shall contribute to the generation of knowledge, the promotion of innovation, transfer and dissemination of technology, and cultural progress, to the mutual benefit of producers and users of technological and cultural knowledge, favoring the development of social and economic welfare and the balance of rights and obligations.
2. The Parties recognize the need to maintain a balance between the rights of intellectual property right holders and the interests of the general public, in particular in education, culture, research, public health, food safety, the environment and access to information.
3. Considering the provisions of this Chapter, the Parties, when formulating or amending their laws and regulations, may adopt the necessary measures to protect public health and nutrition of the population, or to promote the public interest in sectors of vital importance for their socioeconomic and technological development.
4. The Parties recognize that the transfer of technology contributes to the strengthening of national capabilities to establish a sound and viable technological base.
5. The Parties, in interpreting and implementing the provisions of this Chapter, shall observe the principles set out in the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 at the Fourth Ministerial Conference of the WTO.
6. The Parties shall contribute to the implementation of and respect for the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Declaration on the TRIPS Agreement and Public Health, and the Protocol amending the TRIPS Agreement, signed in Geneva on 6 December 2005. They also recognize the importance of promoting the gradual implementation of Resolution WHA61.21, Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, adopted by the Sixty-first World Health Assembly on May 24, 2008.
7. The Parties shall ensure that the interpretation and implementation of the rights and obligations assumed under this Chapter shall be consistent with paragraphs 1 through 6.
Article 9.2. GENERAL PROVISIONS
1. Each Party shall apply the provisions of this Chapter and may, but shall not be obligated to, provide in its law more extensive protection than is required by this Chapter, provided that such protection does not contravene the provisions of this Chapter.
2. The Parties reaffirm their rights and obligations under the TRIPS Agreement, the Convention on Biological Diversity (hereinafter referred to as the "CBD"), and any other multilateral intellectual property agreements or treaties administered by the World Intellectual Property Organization (hereinafter referred to as "WIPO") to which the Parties are party. In this regard, nothing in this Chapter shall be to the detriment of the provisions of such multilateral treaties.
3. Each Party, in formulating or amending its domestic laws and regulations, may make use of the exceptions and flexibilities permitted by the multilateral treaties related to the protection of intellectual property to which the Parties are party.
4. A Party shall accord to nationals of the other Party treatment no less favorable than that it accords to its own nationals. Exceptions to this obligation shall be in accordance with the relevant provisions referred to in Articles 3 and 5 of the TRIPS Agreement.
5. With respect to the protection and enforcement of intellectual property rights referred to in this Chapter, any advantage, favor, privilege or immunity granted by a Party to nationals of any other country shall be accorded immediately and unconditionally to nationals of the other Party. Exceptions to this obligation shall be in accordance with the relevant provisions referred to in Articles 4 and 5 of the TRIPS Agreement.
6. Nothing in this Chapter shall prevent a Party from taking measures necessary to prevent the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology. Likewise, nothing in this Chapter shall be construed to diminish the protections that the Parties agree or have agreed to benefit the conservation and sustainable use of biodiversity and associated traditional knowledge, nor shall it prevent the Parties from adopting or maintaining measures to this end.
7. The Parties recognize the importance of the development of multilateral rules in the field of intellectual property and therefore may agree to exchange expert opinions on activities related to existing or future international agreements on Intellectual Property Rights and any other matter related to Intellectual Property Rights, as agreed by the Parties.
Article 9.3. TRADEMARKS
1. The Parties shall protect trademarks in accordance with the TRIPS Agreement.
2. Article 6 bis of the Paris Convention for the Protection of Industrial Property shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a trademark that the competent authority of the country of registration or use considers to be well known, whether registered or not, provided that the use of such trademark in connection with those goods or services indicates a connection between those goods or services and the trademark owner, and provided that the interests of the trademark owner would be prejudiced by such use.
3. In determining whether a trademark is well known (1), no Party shall require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services. For greater certainty, the sector of the public that normally deals with the relevant goods or services is determined in accordance with each Party's legislation.
4. Each Party shall provide a system for the registration of trademarks, which shall provide for:
(a) written notification to the applicant stating the reasons for the refusal to register the trademark. If its national legislation so permits, notifications may be made by electronic means;
(b) an opportunity for interested parties to oppose an application for registration of a trademark or to request the invalidation of the trademark after it has been registered;
(c) that decisions in registration and invalidity proceedings be reasoned and in writing; and
(d) the opportunity for interested parties to challenge administratively or judicially, as provided in the legislation of each Party, decisions issued in trademark registration and invalidation proceedings.
5. Each Party shall use its best efforts to establish a system for electronic filing, electronic processing, registration and maintenance of trademarks (2), and to establish a publicly available electronic database, including an online database of trademark applications and registrations.
6. Each Party shall provide that applications for registration, publications of such applications and registrations shall indicate the goods and services by their names, grouped according to the classes of the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as revised and amended (hereinafter referred to as the "Nice Classification").
7. Goods or services may not be considered similar to each other solely on the ground that, in any registration or publication, they appear in the same class of the Nice Classification. Likewise, each Party shall provide that goods or services may not be considered to be dissimilar solely on the ground that, in any registration or publication, they appear in different classes of the Nice Classification.
Article 9.4. GEOGRAPHICAL INDICATIONS
1. The Parties to this Agreement shall ensure in their national legislation adequate and effective means to protect geographical indications, including appellations of origin.
2. For the purposes of this Agreement, "geographical indications" are indications that identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
3. Nothing in this Article shall prevent the Parties from maintaining or adopting in their legislation measures relating to homonymous geographical indications, provided that such measures conform to the provisions of paragraph 3 of Article 23 of the TRIPS Agreement.
4. The names listed in Section A of Annex 9-A are protected geographical indications in Colombia, in accordance with the provisions of Article 22.1 of the TRIPS Agreement. Costa Rica, upon compliance with the requirements and the internal procedure, and at the request of the interested parties, shall recognize in accordance with its legislation the geographical indications of Colombia included in Annex 9-A.
5. The names listed in Section B of Annex 9-A are protected geographical indications in Costa Rica, in accordance with the provisions of Article 22.1 of the TRIPS Agreement. Colombia, upon compliance with the requirements and the internal procedure, and at the request of the interested parties, shall recognize the geographical indications of Costa Rica included in Annex 9-A in accordance with its legislation.
6. The Parties shall exchange information on the protections granted under paragraphs 4 and 5 through the contact points established in Article 19.1 (Contact Points).
7. The Parties shall protect the geographical indications, including appellations of origin, of the other Party registered and/or protected in their respective territories in accordance with the provisions of paragraphs 4, 5 and 6. Consequently, and without prejudice to the provisions of paragraph 3, the Parties shall not allow the importation, manufacture or sale of products identified under protected geographical indications, including appellations of origin, by unauthorized third parties.
8. The use of geographical indications, including appellations of origin, recognized and protected in the territory of a Party in relation to any type of product originating in the territory of that Party, shall be reserved exclusively for authorized producers, manufacturers and craftsmen and others authorized in accordance with their national legislation, who have their production or manufacturing establishments in the locality or region of the Party designated or evoked by such geographical indication.
9. The Parties shall protect geographical indications against any use of a false or misleading indication liable to mislead, deceive or confuse the public as to the source, origin, nature or essential characteristics of the product, and any other practice that may mislead the consumer as to the true origin of the product.
10. The Parties may grant the agreed protection to other geographical indications, including appellations of origin, protected in the Parties. To this end, the Party concerned shall notify the other Party of such protection, after which it shall proceed as provided in paragraphs 4, 5 and 6.
Article 9.5. MEASURES RELATED TO THE PROTECTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE
1. The Parties recognize and reaffirm their rights and obligations under the CBD related to the sovereignty of the Parties over their natural resources and the authority to determine access to biological and genetic resources and their derived products, through mutually agreed terms, in accordance with the principles and provisions contained in relevant national and international standards. The Parties recognize paragraph 19 of the Doha Ministerial Declaration, adopted on 14 November 2001, on the relationship between the TRIPS Agreement and the CBD.
2. The Parties recognize the importance and value of the knowledge, innovations and practices of indigenous and local communities3 , as well as their past, present and future contribution to the conservation and sustainable use of biological and genetic resources and their derived products, and in general, the contribution of the traditional knowledge of such communities to the culture and to the economic and social development of nations. Each Party, in accordance with its legislation, reiterates its commitment to respect, preserve and maintain traditional knowledge,
3 If the legislation of each Party so provides, "indigenous and local communities" shall include Afro-American or Afro-descendant communities innovations and practices of indigenous and local communities in the territories of the Parties.
3. Access to biological and genetic resources and their derived products shall be conditioned to the prior informed consent of the Party that is the country of origin, on mutually agreed terms. Likewise, access to traditional knowledge of indigenous and local communities associated with such resources shall be conditioned to the prior informed consent of the holders or possessors, as the case may be, of such knowledge, on mutually agreed terms. Both cases shall be subject to the provisions of the legislation of each Party.
4. The Parties shall take measures to ensure a fair and equitable sharing of benefits arising from the utilization of biological and genetic resources and derived products and traditional knowledge of indigenous and local communities.