(b) discussing any issues related to this Chapter;
(c) reporting the findings of the Sub-Committee to the Joint Committee; and
(d) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.
Section 7. Movement of Natural Persons
Article 92. Scope
1. This Chapter shall apply to measures affecting the movement of natural persons of a Party who enter the other Party and fall under one of the categories referred to in Annex 10.
2. This Chapter shall not apply to measures affecting natural persons of a Party seeking access to employment market of the other Party, nor shall it apply to measures regarding nationality, or residence or employment on apermanent basis.
3. This Chapter shall not prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, the former Party, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of specific commitments set out in Annex 10. Note: The sole fact of requiring a visa or its equivalent for natural persons of a certain nationality or citizenship and not for those of others shall not be regarded as nullifying or impairing benefits under specific commitments set out in Annex 10.
Article 93. Definition
For the purposes of this Chapter, the term "natural persons of a Party" means natural persons who reside in a Party or elsewhere and who under the law of the Party are nationals of the Party.
Article 94. Specific Commitments
1. Each Party shall grant entry and temporary stay to natural persons of the other Party in accordance with this Chapter including the terms of the categories in Annex 10,provided that the natural persons comply with the laws and regulations related to movement of natural persons of the former Party applicable to entry and temporary stay which are not inconsistent with the provisions of this Chapter.
2. Each Party shall, in accordance with its laws and regulations, issue proper travel documents necessary for immediate return to the Party, to the natural persons of the Party who stay in the other Party based on the grant of entry and temporary stay under paragraph 1, where such persons are required to leave the other Party in accordance with the laws and regulations of the other Party which are not inconsistent with the provisions of this Chapter.
3. Each Party may require a natural person of the other Party to obtain an appropriate visa or its equivalent prior to entry and temporary stay under paragraph 1.
4. Neither Party shall impose or maintain any limitations on the number of granting entry and temporary stay under paragraph 1, unless otherwise specified in Annex 10.
Article 95. Requirements and Procedures
1. Each Party shall establish and make publicly available requirements and procedures for application for a renewal of the period of temporary stay, a change of status of temporary stay or an issuance of a work permit for a natural person of the other Party who has been granted entry and temporary stay under paragraph 1 of Article 94.
2. Each Party shall endeavor to provide, upon request by a natural person of the other Party, information on requirements and procedures referred to in paragraph 1.
3. Each Party shall, in accordance with its laws and regulations, ensure that fees charged by its competent authorities on application referred to in paragraph 1 do not in themselves represent an unjustifiable impediment to the movement of natural persons of the other Party under this Chapter.
Article 96. Sub-committee on Movement of Natural Persons
For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Movement of Natural Persons (hereinafter referred to in this Article as "the Sub-Committee")established in accordance with Article 15 shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) discussing any issues related to this Chapter;
(c) adopting guidelines referred to in Annex 10;
(d) reporting the findings of the Sub-Committee to the Joint Committee; and
(e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.
Chapter 8. Energy and Mineral Resources
Article 97. Definitions
For the purposes of this Chapter:
(a) the term “energy and mineral resource good” means any good listed in Annex 11;
(b) the term “energy and mineral resource regulatory bodies” means the governmental bodies that regulate and control the exploration, exploitation, production, operation, transportation, transmission or distribution, purchase or sale of an energy and mineral resource good;
(c) the term “energy and mineral resource regulatory measure” means any measure by energy and mineral resource regulatory bodies that directly affects the exploration, exploitation, production, operation, transportation, transmission or distribution, purchase or sale of an energy and mineral resource good;
(d) the term “energy and mineral resource sector” means the sector relating to the exploration, exploitation, production, operation, transportation, transmission or distribution, purchase or sale of energy and mineral resource goods;
(e) the term “export licensing procedures” means administrative procedures, whether or not referred to as “licensing”, used by a Party for the operation of export licensing regimes requiring the submission of an application or other documentation, other than that required for customs procedures, to the relevant administrative body as a prior condition for exportation from that Party; and
(f) the term “person of the other Party” means either a natural person or an enterprise of the other Party.
Article 98. Promotion and Facilitation of Investment
1. (a) Both Parties shall cooperate in promoting and facilitating investments between the Parties in the energy and mineral resource sector through ways such as:
(i) discussing effective ways on investment promotion activities and capacity building;
(ii) facilitating the provision and exchange of investment information including information on the laws, regulations and policies of the Parties;
(iii) encouraging and supporting investment promotion activities of each Party or the business sectors of the Parties, relating to, in particular, the exploration, exploitation and production of energy and mineral resource goods and the infrastructural facilities in the energy and mineral resources sector; and
(iv) discussing effective ways of creating stable, equitable, favourable and transparent conditions for investors.
(b) The implementation and operation of this paragraph shall be subject to the availability of funds and the applicable laws and regulations of each Party.
2. Annex 12 provides additional provisions with respect to the promotion and facilitation of investment in the energy and mineral resource sector.
Article 99. Import and Export Restrictions
1. The Parties reaffirm their obligation to comply with the relevant provisions of the GATT 1994, with respect to prohibitions or restrictions on the importation or exportation of energy and mineral resource goods.
2. Each Party, when introducing a prohibition or restriction otherwise justified under the relevant provisions of the GATT 1994, with respect to the exportation to or importation from the other Party of an energy and mineral resource good, shall provide relevant information concerning such prohibition or restriction as early as possible to the other Party and reply, upon the request of the other Party, to specific questions on such prohibition or restriction from the other Party, with a view to avoiding disruption of ordinary business activities in the Parties.
Article 100. Export Licensing Procedures and Administrations
If a Party adopts or maintains export licensing procedures with respect to an energy and mineral resource good:
(a) the rules for export licensing procedures shall be neutral in application and administered in a fair and equitable manner;
(b) the rules and all information concerning procedures for the submission of applications, including the eligibility of persons of the other Party to make such applications, the administrative bodies to be approached, and the lists of products subject to the licensing requirement shall be published, as soon as possible, in such a manner as to enable the other Party and traders of the other Party to become acquainted with them. Any exceptions, derogations or changes in or from the rules concerning export licensing procedures or the list of products subject to export licensing shall also be published in the same manner as specified above;
(c) in the case of licensing requirements for purposes other than the implementation of quantitative restrictions, the Party shall publish sufficient information for the other Party and traders of the other Party to know the basis for granting and/or allocating licenses;
(d) where the Party provides the possibility for persons of the other Party to request exceptions or derogations from a licensing requirement, the former Party shall include this fact in the information published under paragraph (b) as well as information on how to make such a request and, to the extent possible, an indication of the circumstances under which such a request would be considered;
(e) the Party shall provide, upon the request of the other Party, all relevant information concerning the administration of the restrictions in accordance with its laws and regulations;
(f) when administering quotas by means of export licensing, the Party shall inform the other Party of the overall amount of quotas to be applied and any change thereof;
(g) the Party shall hold consultations upon the request of the other Party, on the rules for such procedures with the other Party; and
(h) any person of the other Party which fulfils the legal and administrative requirements of the former Party shall be equally eligible to apply and to be considered for a license. If the license application is not approved, the applicant of the other Party shall, on request, be given the reason therefor and shall have a right of appeal or review in accordance with the domestic legislation or procedures of the former Party.
Article 101. Energy and Mineral Resource Regulatory Measures
1. Each Party shall seek to ensure that, in the application of any energy and mineral resource regulatory measure, the energy and mineral resource regulatory bodies of the Party shall avoid disruption of contractual relationships which exist at the time of the application of the energy and mineral resource regulatory measure to the maximum extent practicable and implement the energy and mineral resource regulatory measure in an orderly and equitable manner.
2. If the energy and mineral resource regulatory bodies of a Party adopt any new energy and mineral resource regulatory measure, the Party shall, as soon as possible, notify the other Party or publish the energy and mineral resource regulatory measure, and respond, upon the request of the other Party, to specific questions on the energy and mineral resource regulatory measure from the other Party.
Article 102. Environmental Aspects
1. Each Party, in pursuit of sustainable development and taking into account its obligations under those international agreements concerning environment to which it is a party, confirms the importance of avoiding or minimizing, in an economically efficient manner, harmful environmental impacts of all activities related to energy and mineral resources in its Area.
2. Each Party shall:
(a) take account of environmental considerations, in accordance with its laws and regulations, throughout the process of formulation and implementation of its policy on energy and mineral resources;
(b) encourage favourable conditions for the transfer and dissemination of technologies that contribute to the protection of environment, consistent with the adequate and effective protection of intellectual property rights; and
(c) promote public awareness of environmental impacts of activities related to energy and mineral resources and of the scope for and the costs associated with the prevention or abatement of such impacts.
Article 103. Community Development
Each Party welcomes any contribution by investors of the other Party to the development of its community when such investors make investments in the energy and mineral resource sector in its Area.
Article 104. Cooperation
1. Both Parties shall cooperate in the energy and mineral resource sector of Indonesia.
2. (a) The Parties shall endeavor to make available the necessary funds and other resources for the implementation of cooperation under this Article in accordance with their respective laws and regulations.
(b) Costs of cooperation under this Article shall be borne in an equitable manner to be mutually agreed upon by the Parties.
3. (a) Areas of cooperation under this Article shall include policy development, capacity building, and technology transfer.
(b) Forms of cooperation under this Article shall beset forth in the Implementing Agreement.
Article 105. Sub-committee on Energy and Mineral Resources
For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Energy and Mineral Resources (hereinafter referred to in this Article as "the Sub-Committee")established in accordance with Article 15 shall be:
(a) exchanging information on any matters related to this Chapter;
(b) reviewing and monitoring the implementation and operation of this Chapter;
(c) discussing any issues related to this Chapter, including issues related to business environment,cooperation, energy security, and the development of an open and competitive market;
(d) reporting the findings of the Sub-Committee and, where appropriate, making recommendations, to the Joint Committee; and
(e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.
Chapter 9. Intellectual Property
Article 106. General Provisions
1. The Parties, aiming at further promoting trade and investment, shall grant and ensure adequate, effective and non-discriminatory protection of intellectual property, promote efficiency and transparency in the administration of intellectual property protection system, and provide for measures for the enforcement of intellectual property rights against infringement, counterfeiting and piracy, in accordance with the provisions of this Chapter and the international agreements to which both Parties are parties.
2. The Parties reaffirm their commitment to comply with the obligations set out in the international agreements relating to intellectual property to which both Parties are parties.
3. Each Party shall endeavor to become a party, if it is not a party, to the following international agreements in accordance with its necessary procedures:
(a) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of June 27, 1989, as amended;
(b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961;and
(c) the 1991 Act of International Convention for the Protection of New Varieties of Plants (hereinafter referred to in this Chapter as "the1991 UPOV Convention").
Article 107. Definitions
For the purposes of this Chapter:
(a) the term "intellectual property" means all categories of intellectual property:
(i) that are subject of Articles 112 through118; and/or
(ii) that are under the TRIPS Agreement and/or the relevant international agreements referred to in the TRIPS Agreement; and
(b) the term "Nice Classification" means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as amended.
Article 108. National Treatment and Most-favoured-nation Treatment
1. Each Party shall accord to nationals of the other Party treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property in accordance with Articles 3 and 5of the TRIPS Agreement.
2. Each Party shall accord to nationals of the other Party treatment no less favourable than that it accords to the nationals of a non-Party with regard to the protection of intellectual property in accordance with Articles 4 and5 of the TRIPS Agreement.
3. For the purposes of this Article: (a) the term "nationals" shall have the same meaning as in the TRIPS Agreement; and (b) the term "protection" shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Chapter.
Article 109. Procedural Matters
1. For the purposes of providing efficient administration of intellectual property protection system, each Party shall take appropriate measures to improve its administrative procedures concerning intellectual property rights in line with international standards.
2. Neither Party may require the authentication of signatures or other means of self-identification on documents to be submitted to the competent authority of the Party, including applications, translations into a language accepted by such authority of any earlier application whose priority is claimed, powers of attorney and certifications of assignment, in the course of application procedure or other administrative procedures on patents, utility models, industrial designs, or trademarks.
3. Notwithstanding paragraph 2, a Party may require:
(a) the authentication of signatures or other means of self-identification, if the law of the Party so provides, where the signatures or other means of self-identification concern the surrender of a patent or a registration of utility models, industrial designs or trademarks; and
(b) the submission of evidence if there is reasonable doubt as to the authenticity of signatures or other means of self-identification on documents submitted to the competent authority of the Party. Where the competent authority notifies the person that the submission of evidence is required, the notification shall state the reason for requiring the submission.
4. Neither Party may require the certification of translation of an earlier application whose priority is claimed.
5. Each Party shall introduce and implement a system in which a power of attorney for application procedures or other administrative procedures on patents, utility models, industrial designs, or trademarks before the competent authority of the Party may relate to one or more applications and/or registrations identified in the power of attorney or, subject to any exception indicated by the appointing person, to all existing and future applications and/or registrations of that person.
6. Neither Party shall require that the submission of a power of attorney be completed together with the filing of the application as a condition for according a filing date to the application.
7. Each Party shall endeavor to improve patent attorney or registered intellectual property rights consultant system with a view to further facilitating acquisition and utilization of industrial property rights.
8. The applications for and the grants of patents and the publications thereof shall be classified in accordance with the international patent classification system established under the Strasbourg Agreement Concerning the International Patent Classification of March 24, 1971, as amended. The applications for registration of, and the registrations of, trademarks for goods and services and the publications thereof shall be classified in accordance with the Nice Classification.
Article 110. Transparency
For the purposes of further promoting transparency in administration of intellectual property protection system, each Party shall, in accordance with its laws and regulations, take appropriate measures to:
(a) publish information on at least the applications for and the grants of patents, the registrations of utility models and industrial designs, and the applications for registration of, and the registrations of, trademarks and new varieties of plants, and make available to the public in formation contained in the dossiers thereof;
(b) make available to the public information on the applications for the suspension by the customs authority of the release of counterfeit trademark or pirated copyright goods as a border measure;and
(c) make available to the public information(including statistical information) on its efforts to provide effective enforcement of intellectual property rights and other information with regard to intellectual property protection system (including standards or guidelines on examination of the applications for patents and the applications for registration of industrial designs and trademarks).
Article 111. Promotion of Public Awareness of Protection of Intellectual Property
The Parties shall endeavor to promote public awareness of protection of intellectual property including educational and dissemination projects on the use of intellectual property as well as on the enforcement of intellectual property rights.
Article 112. Patents
1. Each Party shall ensure that any patent application is not rejected solely on the ground that the subject matter claimed in the application is related to a computer program.
2. Each Party shall ensure that an applicant may, on its own initiative, divide a patent application containing more than one invention into a certain number of divisional patent applications within the time limit provided for in the laws and regulations of the Party.
3. Each Party shall ensure that an application for a patent is examined upon the request of the applicant, where appropriate, in preference to other applications, if the applicant has filed an application for a patent of the same or substantially the same invention in the other Party or in any non-Party. Each Party may require the applicant to furnish, together with the request, a result of relevant prior art search, or a copy of the final decision by the administrative authority for patents of the other Party or of a non-Party (hereinafter referred to in this Article as “the final decision”) on the application filed in the other Party or in the non-Party.
4. Notwithstanding paragraph 3, a Party which requires, pursuant to relevant provisions of its laws and regulations, the applicant who filed an application for a patent in that Party to furnish a copy of the final decision on an application for a patent of the same or substantially the same invention which the applicant filed in the other Party or in any non-Party, shall examine the application in preference to other applications, if the applicant furnishes the aforementioned copy.
5. Each Party shall ensure that any person may provide the administrative authority for patents with information in writing that could deny novelty or inventive step of inventions claimed in patent applications during the pendency of those applications. Each Party shall take the information, as appropriate, into consideration for examining those applications.
6. Each Party shall ensure that an applicant may make amendments to its patent application within a certain period, in accordance with the laws and regulations of the Party, after the filing of its appeal petition with respect to the refusal of such application by the administrative authority for patents.
7. Each Party shall provide that at least the following acts shall be deemed as an infringement of a patent right if performed without the consent of the patent owner:
(a) in the case of a patent for an invention of product, acts of manufacturing, assigning, leasing, importing, or offering for assignment or lease, for commercial purposes, things to be used exclusively for the manufacture of the product;
and
(b) in the case of a patent for an invention of process, acts of manufacturing, assigning, leasing, importing, or offering for assignment or lease, for commercial purposes, things to be used exclusively for the working of such invention.
Article 113. Industrial Designs
1. Each Party shall provide for the protection of independently created industrial designs that are new or original. Each Party shall provide that designs are not new or original if they do not significantly differ from known designs.
2. Each Party shall ensure that where more than one application for registration of industrial design relating to the same or similar industrial designs is filed on different dates, only the applicant who filed first may obtain a registration of the industrial design concerned.
3. Each Party shall ensure adequate and effective protection of industrial designs of a part of an article as well as an article as a whole.
4. Each Party shall ensure that an owner of protected industrial design has the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is identical or similar to the protected design, when such act is undertaken for commercial purposes.
5. Each Party shall endeavor to establish appeal system in which an appeal may be filed with the administrative authority for industrial designs against its decision of refusal of an application for registration of industrial design.
Article 114. Trademarks
1. Each Party shall ensure that an owner of registered trademark has the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered, where such use would result in a likelihood of confusion.
2. Each Party shall refuse or cancel the registration of a trademark, which is identical or similar to a trademark well-known in either Party as indicating goods or services of another person, if the use of that trademark is for unfair intentions, inter alia, intentions to gain an unfair profit or intentions to cause damage to such person whether or not such use would result in a likelihood of confusion.
3. Each Party shall ensure that, where more than one application for registration of trademark relating to identical or similar trademarks which are to be used on identical or similar goods or services is filed on different dates, only the applicant who filed first may
obtain a registration for the trademark concerned.
4. Each Party shall ensure that one and the same application for registration of trademark may relate to several goods and/or services, irrespective of whether they belong to one class or to several classes of the Nice Classification.
5. Each Party shall ensure that the period during which the request for renewal of registration of a trademark may be presented and the renewal fee may be paid shall start at least six months before the date on which the renewal is due and shall end at the earliest six months after that date.
Article 115. Copyright and Related Rights
1. Each Party shall provide to authors all exclusive rights protected under the Berne Convention for the Protection of Literary and Artistic Works of September 9,1886, as amended and the WIPO Copyright Treaty of December20, 1996 (hereinafter referred to in this Article as "the WIPO Copyright Treaty").
2. Each Party shall provide to performers and producers of phonograms all exclusive rights protected under the WIPO Performances and Phonograms Treaty of December 20, 1996,(hereinafter referred to in this Article as "the WIPO Performances and Phonograms Treaty").
3. Each Party shall provide to broadcasting and cablecasting organizations the right to authorize or prohibit the fixation of their broadcasts and cablecasts, respectively, in accordance with its laws and regulations.
4. Each Party shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of copyright or related rights:
(a) to remove or alter any electronic rights management information without authority; and (b) to distribute, import for distribution, broadcast, communicate or make available to the public, without authority, works, copies of works, performances, copies of fixed performances or phonograms knowing that electronic rights management information has been removed or altered without authority.
5. Each Party shall take necessary measures to promote the development of collective management organizations for copyright and related rights in the Party. 6. For the purposes of this Article:
(a) with respect to the rights of authors, the term"rights management information" shall have the same meaning as in Article 12 of the WIPO Copyright Treaty; and
(b) with respect to the rights of performers and producers of phonogram, the term "rights management information" shall have the same meaning as in Article 19 of the WIPO Performances and Phonograms Treaty.
Article 116. New Varieties of Plants
Each Party shall provide for the protection of all plant genera and species by an effective plant varieties protection system which is consistent with the 1991 UPOV Convention.
Article 117. Acts of Unfair Competition
1. Each Party shall provide for effective protection against acts of unfair competition.
2. Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
3. The following acts, in particular, shall be prohibited as acts of unfair competition:
(a) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, the services, or the industrial or commercial activities, of a competitor;
(b) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, the services, or the industrial or commercial activities, of a competitor;
(c) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose, or the quantity, of the goods or services, or the manufacturing process of the goods; and
(d) acts by an agent or representative of an owner of right relating to a trademark, without a legitimate reason and the consent of the owner of such right, of using a trademark identical or similar to the trademark relating to such right in respect of goods or services identical or similar to those relating to such right; of assigning, delivering, displaying for the purposes of assignment or delivery, exporting, importing, or providing through a telecommunication line, goods using such identical or similar trademark which are identical or similar to the goods relating to such right; or of providing services by using such identical or similar trademark which are identical or similar to the services relating to such right.
4. The following acts may also be prohibited as acts of unfair competition:
(a) acts of using an indication of goods or other indication as one’s own which is identical or similar to another person's indication of goods or other indication which is famous; or acts of assigning, delivering, displaying for the purposes of assignment or delivery, exporting, importing, or providing through a telecommunication line, goods using such indication;
(b) acts of assigning, leasing, displaying for the purposes of assignment or lease, exporting or importing, goods which imitate the configuration of another person's goods except as provided for in the laws and regulations of each Party; and
(c) acts of acquiring or holding right to use domain names identical or similar to a specific indication of goods or services of another person, or using such domain names, with intention to gain unfair profit or intention of causing damage to such person.
5. Each Party shall establish appropriate remedies to prevent or punish acts of unfair competition. In particular, each Party shall ensure that any person that considers its business interests to be affected by an act of unfair competition may bring legal action and request injunction against the act, destruction of the goods which constitute the act, removal of facilities used for the act, or any damages which result from the act, except as provided for in the laws and regulations of the Party.
Article 118. Protection of Undisclosed Information
Each Party shall ensure in its laws and regulations adequate and effective protection of undisclosed information in accordance with Article 39 of the TRIPS Agreement.
Article 119. Enforcement – Border Measures
1. Each Party shall adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation or exportation of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with competent authorities, administrative or judicial, for the suspension by the customs authority of the release into free circulation of such goods.
2. In the case of the suspension with respect to importation pursuant to paragraph 1, the importer and the right holder shall be promptly notified of the suspension. In the case of the suspension with respect to exportation pursuant to paragraph 1, the exporter and the right holder shall be promptly notified of the suspension.
3. Each Party shall ensure that its competent authorities do not allow the re-exportation of counterfeit trademark or pirated copyright goods other than in exceptional circumstances.
Article 120. Enforcement – Civil Remedies
1. Each Party shall ensure that a right holder of intellectual property has the right to claim against the infringer damages adequate to compensate for the injury the right holder has suffered because of an infringement of that person's intellectual property right by an infringer who knowingly, or with reasonable grounds to know, engaged in infringing activity. 2. Each Party shall endeavor, as necessary, to improve its judicial system with a view to providing effective civil remedies against infringement of intellectual property rights.
Article 121. Enforcement – Criminal Remedies
Each Party shall provide for criminal procedures and penalties to be applied in cases of the infringement of patent rights, rights relating to utility models, industrial designs, trademarks or layout-designs of integrated circuits, copyrights or related rights, or plant breeder's rights, committed willfully and on a commercial scale. Remedies available 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.
Article 122. Cooperation
1. The Parties, recognizing the growing importance of protection of intellectual property in pursuing further promotion of trade and investment between the Parties, in accordance with their respective laws and regulations and subject to their available resources, shall cooperate in the field of intellectual property. Costs of cooperation under this Article shall be borne in as an equitable manner as possible.
2. Areas and forms of cooperation under this Article shall be set forth in the Implementing Agreement.
Article 123. Sub-committee on Intellectual Property
For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Intellectual Property (hereinafter referred to in this Article as "the Sub-Committee") established in accordance with Article 15 shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) discussing any issues related to intellectual property with a view to enhancing protection of intellectual property and enforcement of intellectual property rights and to promoting efficient and transparent administration of intellectual property protection system;
(c) exchanging views on the following issues:
(i) protection of genetic resources, traditional knowledge and folklore; and
(ii) liability of internet service providers;
(d) reporting the findings of the Sub-Committee to the Joint Committee; and
(e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.
Chapter 10. Government Procurement
Article 124. Exchange of Information
1. Each Party shall, subject to its laws and regulations, respond in a timely manner to reasonable requests from the other Party for information on its laws and regulations,policies and practices on government procurement, as well as any reforms to its existing government procurement regimes.
2. The exchange of information under paragraph 1 shall be facilitated through the following governmental authorities:
(a) for Japan, the Ministry of Foreign Affairs; and
(b) for Indonesia, the State Ministry of National Development Planning (BAPPENAS).
Article 125. Sub-committee on Government Procurement
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Government Procurement (hereinafter referred to in this Article as "the Sub-Committee") established in accordance with Article 15 shall be:
(a) reviewing and monitoring the implementation and operation of this Chapter;
(b) exchanging views on laws and regulations, policies and practices, and other mutually agreed issues regarding government procurement;
(c) discussing ways to facilitate cooperations between relevant entities of the Parties in the field of government procurement;
(d) reporting the findings of the Sub-Committee to the Joint Committee; and
(e) carrying out other functions as may be delegated by the Joint Committee in accordance with Article 14.
2. The decision by each Party on the composition ofrepresentatives of the Government of the Party to theSub-Committee, shall be facilitated by itsgovernmental authority referred to in paragraph 2 ofArticle 124.
Chapter 11. Competition
Article 126. Promotion of Competition by Addressing Anti-competitive Activities
Each Party shall, in accordance with its laws and regulations, promote competition by addressing anticompetitive activities, in order to facilitate the efficient functioning of its market. Note: For the purposes of this Chapter, the term"anti-competitive activities" means any conductor transaction that may be subject to penalties or relief under the competition laws and regulations of either Party.
Article 127. Cooperation on the Promotion of Competition
1. The Parties shall, in accordance with their respective laws and regulations, cooperate on the promotion of competition by addressing anti-competitive activities, and on the capacity building for strengthening competition policy and implementation of competition laws and regulations, subject to their respective available resources.
2. The details and procedures of cooperation under this Article shall be specified in the Implementing Agreement.
Article 128. Non-discrimination
Each Party shall apply its competition laws and regulations in a manner which does not discriminate between persons in like circumstances on the basis of their nationality.
Article 129. Procedural Fairness
Each Party shall implement administrative and judicial procedures in a fair manner to address anti-competitive activities, pursuant to its relevant laws and regulations.
Article 130. Non-application of Paragraph 2 of Article 9
Paragraph 2 of Article 9 shall not apply to this Chapter.
Chapter 12. Improvement of Business Environment and Promotion of Business Confidence
Article 131. Basic Principles
1. The Parties, confirming their interest in creating a more favourable business environment with a view to promoting trade and investment activities by enterprises of the Parties, shall from time to time have consultations in order to address issues concerning the improvement of the business environment in the Parties and to facilitate the promotion of the business confidence among enterprises of the Parties.
2. Each Party shall, in accordance with its laws and regulations, take appropriate measures to further improve the business environment for the benefit of the enterprises of the Parties conducting their business activities in the Parties.
3. The Parties shall, in accordance with their respective laws and regulations, promote cooperation to further improve the business environment in their respective Parties and take necessary measures including establishing such mechanisms as provided for in subparagraph 1(j) of Article 15 and Article 133.
Article 132. Sub-committee on Improvement of Business Environment and Promotion of Business Confidence
1. For the purposes of the effective implementation and operation of this Chapter, the functions of the Sub-Committee on Improvement of Business Environment and Promotion of Business Confidence(hereinafter referred to in this Article as “the Sub-Committee”) established in accordance with Article 15 shall be:
(a) addressing issues in relation to the improvement of business environment and the promotion of the business confidence that the Sub-Committee considers appropriate, taking into account, as necessary, the findings reported by a Liaison Office on Improvement of Business Environment established in accordance with Article 133, and in cooperation with other relevant Sub-Committees or existing mechanisms with a view to avoiding unnecessary overlap with the works of such Sub- Committees or mechanisms;
(b) reporting the findings and making recommendations to the Parties, including the measures to be taken by the Parties, regarding such functions as referred to in subparagraph (a). The Parties shall take into consideration such recommendations. The Sub-Committee may consult with the Joint Committee prior to the submission of recommendations to the Parties;
(c) where appropriate, reviewing the implementation of the recommendations referred to in subparagraph (b);
Article 133. Liaison Office on Improvement of Business Environment
1. Each Party shall designate and maintain a Liaison Office on Improvement of Business Environment for the purposes of this Chapter.
2. The functions and other details of the Liaison Office on Improvement of Business Environment may be set forth in the Implementing Agreement.