North American Free Trade Agreement (NAFTA) (1992)
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10. No Party may encumber the use of a trademark in commerce by special requirements, such as a use that reduces the trademark's function as an indication of source or a use with another trademark.

11. A Party may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall not be permitted and that the owner of a registered trademark shall have the right to assign its trademark with or without the transfer of the business to which the trademark belongs.

12. A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take into account the legitimate interests of the trademark owner and of other persons.

13. Each Party shall prohibit the registration as a trademark of words, at least in English, French or Spanish, that generically designate goods or services or types of goods or services to which the trademark applies.

14. Each Party shall refuse to register trademarks that consist of or comprise immoral, deceptive or scandalous matter, or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or any Party's national symbols, or bring them into contempt or disrepute.

Article 1709. Patents

1. Subject to paragraphs 2 and 3, each Party shall make patents available for any inventions, whether products or processes, in all fields of technology, provided that such inventions are new, result from an inventive step and are capable of industrial application. For purposes of this Article, a Party may deem the terms "inventive step" and "capable of industrial application" to be synonymous with the terms "non-obvious" and "useful", respectively.

2. A Party may exclude from patentability inventions if preventing in its territory the commercial exploitation of the inventions is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to nature or the environment, provided that the exclusion is not based solely on the ground that the Party prohibits commercial exploitation in its territory of the subject matter of the patent.

3. A Party may also exclude from patentability:

(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

(b) plants and animals other than microorganisms; and

(c) essentially biological processes for the production of plants or animals, other than non-biological and microbiological processes for such production.

Notwithstanding subparagraph (b), each Party shall provide for the protection of plant varieties through patents, an effective scheme of sui generis protection, or both.

4. If a Party has not made available product patent protection for pharmaceutical or agricultural chemicals commensurate with paragraph 1:

(a) as of January 1, 1992, for subject matter that relates to naturally occurring substances prepared or produced by, or significantly derived from, microbiological processes and intended for food or medicine, and

(b) as of July 1, 1991, for any other subject matter,

that Party shall provide to the inventor of any such product or its assignee the means to obtain product patent protection for such product for the unexpired term of the patent for such product granted in another Party, as long as the product has not been marketed in the Party providing protection under this paragraph and the person seeking such protection makes a timely request.

5. Each Party shall provide that:

(a) where the subject matter of a patent is a product, the patent shall confer on the patent owner the right to prevent other persons from making, using or selling the subject matter of the patent, without the patent owner's consent; and

(b) where the subject matter of a patent is a process, the patent shall confer on the patent owner the right to prevent other persons from using that process and from using, selling, or importing at least the product obtained directly by that process, without the patent owner's consent.

6. A Party may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking into account the legitimate interests of other persons.

7. Subject to paragraphs 2 and 3, patents shall be available and patent rights enjoyable without discrimination as to the field of technology, the territory of the Party where the invention was made and whether products are imported or locally produced.

8. A Party may revoke a patent only when:

(a) grounds exist that would have justified a refusal to grant the patent; or

(b) the grant of a compulsory license has not remedied the lack of exploitation of the patent.

9. Each Party shall permit patent owners to assign and transfer by succession their patents, and to conclude licensing contracts.

10. Where the law of a Party allows for use of the subject matter of a patent, other than that use allowed under paragraph 6, without the authorization of the right holder, including use by the government or other persons authorized by the government, the Party shall respect the following provisions:

(a) authorization of such use shall be considered on its individual merits;

(b) such use may only be permitted if, prior to such use, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and such efforts have not been successful within a reasonable period of time. The requirement to make such efforts may be waived by a Party in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable. In the case of public non-commercial use, where the government or contractor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by or for the government, the right holder shall be informed promptly;

(c) the scope and duration of such use shall be limited to the purpose for which it was authorized;

(d) such use shall be non-exclusive;

(e) such use shall be non-assignable, except with that part of the enterprise or goodwill that enjoys such use;

(f) any such use shall be authorized predominantly for the supply of the Party's domestic market;

(g) authorization for such use shall be liable, subject to adequate protection of the legitimate interests of the persons so authorized, to be terminated if and when the circumstances that led to it cease to exist and are unlikely to recur. The competent authority shall have the authority to review, on motivated request, the continued existence of these circumstances;

(h) the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the economic value of the authorization;

(i) the legal validity of any decision relating to the authorization shall be subject to judicial or other independent review by a distinct higher authority;

(j) any decision relating to the remuneration provided in respect of such use shall be subject to judicial or other independent review by a distinct higher authority;

(k) the Party shall not be obliged to apply the conditions set out in subparagraphs (b) and (f) where such use is permitted to remedy a practice determined after judicial or administrative process to be anticompetitive. The need to correct anticompetitive practices may be taken into account in determining the amount of remuneration in such cases. Competent authorities shall have the authority to refuse termination of authorization if and when the conditions that led to such authorization are likely to recur;

(l) the Party shall not authorize the use of the subject matter of a patent to permit the exploitation of another patent except as a remedy for an adjudicated violation of domestic laws regarding anticompetitive practices.

11. Where the subject matter of a patent is a process for obtaining a product, each Party shall, in any infringement proceeding, place on the defendant the burden of establishing that the allegedly infringing product was made by a process other than the patented process in one of the following situations:

(a) the product obtained by the patented process is new; or

(b) a substantial likelihood exists that the allegedly infringing product was made by the process and the patent owner has been unable through reasonable efforts to determine the process actually used.

In the gathering and evaluation of evidence, the legitimate interests of the defendant in protecting its trade secrets shall be taken into account.

12, Each Party shall provide a term of protection for patents of at least 20 years from the date of filing or 17 years from the date of grant. A Party may extend the term of patent protection, in appropriate cases, to compensate for delays caused by regulatory approval processes.

Article 1710. Layout Designs of Semiconductor Integrated Circuits

1. Each Party shall protect layout designs (topographies) of integrated circuits ("layout designs") in accordance with Articles 2 through 7, 12 and 16(3), other than Article 6(3), of the Treaty on Intellectual Property in Respect of Integrated Circuits as opened for signature on May 26, 1989.

2. Subject to paragraph 3, each Party shall make it unlawful for any person without the right holder's authorization to import, sell or otherwise distribute for commercial purposes any of the following:

(a) a protected layout design;

(b) an integrated circuit in which a protected layout design is incorporated; or

(c) an article incorporating such an integrated circuit, only insofar as it continues to contain an unlawfully reproduced layout design.

3. No Party may make unlawful any of the acts referred to in paragraph 2 performed in respect of an integrated circuit that incorporates an unlawfully reproduced layout design, or any article that incorporates such an integrated circuit, where the person performing those acts or ordering those acts to be done did not know and had no reasonable ground to know, when it acquired the integrated circuit or article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout design.

4. Each Party shall provide that, after the person referred to in paragraph 3 has received sufficient notice that the layout design was unlawfully reproduced, such person may perform any of the acts with respect to the stock on hand or ordered before such notice, but shall be liable to pay the right holder for doing so an amount equivalent to a reasonable royalty such as would be payable under a freely negotiated license in respect of such a layout design.

5. No Party may permit the compulsory licensing of layout designs of integrated circuits.

6. Any Party that requires registration as a condition for protection of a layout design shall provide that the term of protection shall not end before the expiration of a period of 10 years counted from the date of:

(a) filing of the application for registration; or

(b) the first commercial exploitation of the layout design, wherever in the world it occurs.

7. Where a Party does not require registration as a condition for protection of a layout design, the Party shall provide a term of protection of not less than 10 years from the date of the first commercial exploitation of the layout design, wherever in the world it occurs.

8. Notwithstanding paragraphs 6 and 7, a Party may provide that the protection shall lapse 15 years after the creation of the layout design.

9. Annex 1710.9 applies to the Parties specified in that Annex.

Article 1711. Trade Secrets

1. Each Party shall provide the legal means for any person to prevent trade secrets from being disclosed to, acquired by, or used by others without the consent of the person lawfully in control of the information in a manner contrary to honest commercial practices, in so far as:

(a) the information is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons that normally deal with the kind of information in question;

(b) the information has actual or potential commercial value because it is secret; and

(c) the person lawfully in control of the information has taken reasonable steps under the circumstances to keep it secret.

2. A Party may require that to qualify for protection a trade secret must be evidenced in documents, electronic or magnetic means, optical discs, microfilms, films or other similar instruments.

3. No Party may limit the duration of protection for trade secrets, so long as the conditions in paragraph 1 exist.

4. No Party may discourage or impede the voluntary licensing of trade secrets by imposing excessive or discriminatory conditions on such licenses or conditions that dilute the value of the trade secrets.

5. If a Party requires, as a condition for approving the marketing of pharmaceutical or agricultural chemical products that utilize new chemical entities, the submission of undisclosed test or other data necessary to determine whether the use of such products is safe and effective, the Party shall protect against disclosure of the data of persons making such submissions, where the origination of such data involves considerable effort, except where the disclosure is necessary to protect the public or unless steps are taken to ensure that the data is protected against unfair commercial use.

6. Each Party shall provide that for data subject to paragraph 5 that are submitted to the Party after the date of entry into force of this Agreement, no person other than the person that submitted them may, without the latter's permission, rely on such data in support of an application for product approval during a reasonable period of time after their submission. For this purpose, a reasonable period shall normally mean not less than five years from the date on which the Party granted approval to the person that produced the data for approval to market its product, taking account of the nature of the data and the person's efforts and expenditures in producing them. Subject to this provision, there shall be no limitation on any Party to implement abbreviated approval procedures for such products on the basis of bioequivalence and bioavailability studies.

7. Where a Party relies on a marketing approval granted by another Party, the reasonable period of exclusive use of the data submitted in connection with obtaining the approval relied on shall begin with the date of the first marketing approval relied on.

Article 1712. Geographical Indications

1. Each Party shall provide, in respect of geographical indications, the legal means for interested persons to prevent:

(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a territory, region or locality other than the true place of origin, in a manner that misleads the public as to the geographical origin of the good;

(b) any use that constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.

2. Each Party shall, on its own initiative if its domestic law so permits or at the request of an interested person, refuse to register, or invalidate the registration of, a trademark containing or consisting of a geographical indication with respect to goods that do not originate in the indicated territory, region or locality, if use of the indication in the trademark for such goods is of such a nature as to mislead the public as to the geographical origin of the good.

3. Each Party shall also apply paragraphs 1 and 2 to a geographical indication that, although correctly indicating the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory, region or locality. 4. Nothing in this Article shall be construed to require a Party to prevent continued and similar use of a particular geographical indication of another Party in connection with goods or services by any of its nationals or domiciliaries who have used that geographical indication in a continuous manner with regard to the same or related goods or services in that Party's territory, either:

(a) for at least 10 years, or

(b) in good faith, before the date of signature of this Agreement.

5. Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith, either:

(a) before the date of application of these provisions in that Party, or

(b) before the geographical indication is protected in its Party of origin,

no Party may adopt any measure to implement this Article that prejudices eligibility for, or the validity of, the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.

6. No Party shall be required to apply this Article to a geographical indication if it is identical to the customary term in common language in that Party's territory for the goods or services to which the indication applies.

7. A Party may provide that any request made under this Article in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or after the date of registration of the trademark in that Party, provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in that Party, provided that the geographical indication is not used or registered in bad faith.

8. No Party shall adopt any measure implementing this Article that would prejudice any person's right to use, in the course of trade, its name or the name of its predecessor in business, except where such name forms all or part of a valid trademark in existence before the geographical indication became protected and with which there is a likelihood of confusion, or such name is used in such a manner as to mislead the public.

9. Nothing in this Chapter shall be construed to require a Party to protect a geographical indication that is not protected, or has fallen into disuse, in the Party of origin.

Article 1713. Industrial Designs

1. Each Party shall provide for the protection of independently created industrial designs that are new or original. A Party may provide that:

(a) designs are not new or original if they do not significantly differ from known designs or combinations of known design features; and

(b) such protection shall not extend to designs dictated essentially by technical or functional considerations.

2. Each Party shall ensure that the requirements for securing protection for textile designs, in particular in regard to any cost, examination or publication, do not unreasonably impair a person's opportunity to seek and obtain such protection. A Party may comply with this obligation through industrial design law or copyright law.

3. Each Party shall provide the owner of a protected industrial design the right to prevent other persons not having the owner's consent from making or selling articles bearing or embodying a design that is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

4. A Party may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking into account the legitimate interests of other persons.

5. Each Party shall provide a term of protection for industrial designs of at least 10 years.

Article 1714. Enforcement of Intellectual Property Rights: General Provisions

1. Each Party shall ensure that enforcement procedures, as specified in this Article and Articles 1715 through 1718, are available under its domestic law so as to permit effective action to be taken against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies to deter further infringements. Such enforcement procedures shall be applied so as to avoid the creation of barriers to legitimate trade and to provide for safeguards against abuse of the procedures.

2. Each Party shall ensure that its procedures for the enforcement of intellectual property rights are fair and equitable, are not unnecessarily complicated or costly, and do not entail unreasonable timelimits or unwarranted delays.

3. Each Party shall provide that decisions on the merits of a case in judicial and administrative enforcement proceedings shall:

(a) preferably be in writing and preferably state the reasons on which the decisions are based;

(b) be made available at least to the parties in a proceeding without undue delay; and

(c) be based only on evidence in respect of which such parties were offered the opportunity to be heard.

4. Each Party shall ensure that parties in a proceeding have an opportunity to have final administrative decisions reviewed by a judicial authority of that Party and, subject to jurisdictional provisions in its domestic laws concerning the importance of a case, to have reviewed at least the legal aspects of initial judicial decisions on the merits of a case. Notwithstanding the above, no Party shall be required to provide for judicial review of acquittals in criminal cases.

5. Nothing in this Article or Articles 1715 through 1718 shall be construed to require a Party to establish a judicial system for the enforcement of intellectual property rights distinct from that Party's system for the enforcement of laws in general.

6. For the purposes of Articles 1715 through 1718, the term "right holder" includes federations and associations having legal standing to assert such rights.

Article 1715. Specific Procedural and Remedial Aspects of Civil and Administrative Procedures

1. Each Party shall make available to right holders civil judicial procedures for the enforcement of any intellectual property right provided in this Chapter. Each Party shall provide that:

(a) defendants have the right to written notice that is timely and contains sufficient detail, including the basis of the claims;

(b) parties in a proceeding are allowed to be represented by independent legal counsel;

(c) the procedures do not include imposition of overly burdensome requirements concerning mandatory personal appearances;

(d) all parties in a proceeding are duly entitled to substantiate their claims and to present relevant evidence; and

(e) the procedures include a means to identify and protect confidential information.

2. Each Party shall provide that its judicial authorities shall have the authority:

(a) where a party in a proceeding has presented reasonably available evidence sufficient to support its claims and has specified evidence relevant to the substantiation of its claims that is within the control of the opposing party, to order the opposing party to produce such evidence, subject in appropriate cases to conditions that ensure the protection of confidential information;

(b) where a party in a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide relevant evidence under that party's control within a reasonable period, or significantly impedes a proceeding relating to an enforcement action, to make preliminary and_final determinations, affirmative or negative, on the basis of the evidence presented, including the complaint or the allegation presented by the party adversely affected by the denial of access to evidence, subject to providing the parties an opportunity to be heard on the allegations or evidence;

(c) to order a party in a proceeding to desist from an infringement, including to prevent the entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right, which order shall be enforceable at least immediately after customs clearance of such goods;

(d) to order the infringer of an intellectual property right to pay the right holder damages adequate to compensate for the injury the right holder has suffered because of the infringement where the infringer knew or had reasonable grounds to know that it was engaged in an infringing activity;

(e) to order an infringer of an intellectual property right to pay the right holder's expenses, which may include appropriate attorney's fees; and

(f) to order a party in a proceeding at whose request measures were taken and who has abused enforcement procedures to provide adequate compensation to any party wrongfully enjoined or restrained in the proceeding for the injury suffered because of such abuse and to pay that party's expenses, which may include appropriate attorney's fees.

3. With respect to the authority referred to in subparagraph 2(c), no Party shall be obliged to provide such authority in respect of protected subject matter that is acquired or ordered by a person before that person knew or had reasonable grounds to know that dealing in that subject matter would entail the infringement of an intellectual property right.

4. With respect to the authority referred to in subparagraph 2(d), a Party may, at least with respect to copyrighted works and sound recordings, authorize the judicial authorities to order recovery of profits or payment of pre-established damages, or both, even where the infringer did not know or had no reasonable grounds to know that it was engaged in an infringing activity.

5. Each Party shall provide that, in order to create an effective deterrent to infringement, its judicial authorities shall have the authority to order that:

In considering whether to issue such an order, judicial authorities shall take into account the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of other persons. In regard to counterfeit goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.

6. Tn respect of the administration of any law pertaining to the protection or enforcement of intellectual property rights, each Party shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith in the course of the administration of such laws.

7. Notwithstanding the other provisions of Articles 1714 through 1718, where a Party is sued with respect to an infringement of an intellectual property right as a result of its use of that right or use on its behalf, that Party may limit the remedies available against it to the payment to the right holder of adequate remuneration in the circumstances of each case, taking into account the economic value of the use.

8. Each Party shall provide that, where a civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set out in this Article.

Article 1716. Provisional Measures

1. Each Party shall provide that its judicial authorities shall have the authority to order prompt and effective provisional measures:

(a) to prevent an infringement of any intellectual property right, and in particular to prevent the entry into the channels of commerce in their jurisdiction of allegedly infringing goods, including measures to prevent the entry of imported goods at least immediately after customs clearance; and

(b) to preserve relevant evidence in regard to the alleged infringement.

2. Each Party shall provide that its judicial authorities shall have the authority to require any applicant for provisional measures to provide to the judicial authorities any evidence reasonably available to that applicant that the judicial authorities consider necessary to enable them to determine with a sufficient degree of certainty whether:

(a) the applicant is the right holder;

(b) the applicant's right is being infringed or such infringement is imminent; and

(c) any delay in the issuance of such measures is likely to cause irreparable harm to the right holder, or there is a demonstrable risk of evidence being destroyed.

Each Party shall provide that its judicial authorities shall have the authority to require the applicant to provide a security or equivalent assurance sufficient to protect the interests of the defendant and to prevent abuse.

3. Each Party shall provide that its judicial authorities shall have the authority to require an applicant for provisional measures to provide other information necessary for the identification of the relevant goods by the authority that will execute the provisional measures.

4. Each Party shall provide that its judicial authorities shall have the authority to order provisional measures on an ex parte basis, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed.

5. Each Party shall provide that where provisional measures are adopted by that Party's judicial authorities on an ex parte basis:

(a) a person affected shall be given notice of those measures without delay but in any event no later than immediately after the execution of the measures;

(b) a defendant shall, on request, have those measures reviewed by that Party's judicial authorities for the purpose of deciding, within a reasonable period after notice of those measures is given, whether the measures shall be modified, revoked or confirmed, and shall be given an opportunity to be heard in the review proceedings.

6. Without prejudice to paragraph 5, each Party shall provide that, on the request of the defendant, the Party's judicial authorities shall revoke or otherwise cease to apply the provisional measures taken on the basis of paragraphs 1 and 4 if proceedings leading to a decision on the merits are not initiated:

(a) within a reasonable period as determined by the judicial authority ordering the measures where the Party's domestic law so permits; or

(b) in the absence of such a determination, within a period of no more than 20 working days or 31 calendar days, whichever is longer.

7. Each Party shall provide that, where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where the judicial authorities subsequently find that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, on request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures.

8. Each Party shall provide that, where a provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set out in this Article.

Article 1717. Criminal Procedures and Penalties

1. Each Party shall provide criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright piracy on a commercial scale. Each Party shall provide that penalties available include imprisonment or monetary fines, or both, sufficient to provide a deterrent, consistent with the level of penalties applied for crimes of a corresponding gravity.

2. Each Party shall provide that, in appropriate cases, its judicial authorities may order the seizure, forfeiture and destruction of infringing goods and of any materials and implements the predominant use of which has been in the commission of the offense.

3. A Party may provide criminal procedures and penalties to be applied in cases of infringement of intellectual property rights, other than those in paragraph 1, where they are committed wilfully and on a commercial scale.

Article 1718. Enforcement of Intellectual Property Rights at the Border

2. Each Party shall provide that, in appropriate cases, its judicial authorities may order the seizure, forfeiture and destruction of infringing goods and of any materials and implements the predominant use of which has been in the commission of the offense.

  • Part   One GENERAL PART 1
  • Chapter   One OBJECTIVES 1
  • Article   101 Establishment of the Free Trade Area 1
  • Article   102 Objectives 1
  • Article   103 Relation to other Agreements 1
  • Article   104 Relation to Environmental and Conservation Agreements 1
  • Article   105 Extent of Obligations 1
  • Annex 104.1  Bilateral and Other Environmental and Conservation Agreements 1
  • Chapter   Two GENERAL DEFINITIONS 1
  • Article   201 Definitions of General Application 1
  • Annex 201.1  Country-Specific Definitions 1
  • Part   Two TRADE IN GOODS 1
  • Chapter   Three NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   300 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   301 National Treatment 1
  • Section   B Tariffs 1
  • Article   302 Tariff Elimination 1
  • Article   303 Restriction on Drawback and Duty Deferral Programs 1
  • Article   304 Waiver of Customs Duties 1
  • Article   305 Temporary Admission of Goods 1
  • Article   306 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 2
  • Article   307 Goods Re-Entered after Repair or Alteration 2
  • Article   308 Most-Favored-Nation Rates of Duty on Certain Goods 2
  • Section   C Non-Tariff Measures 2
  • Article   309 Import and Export Restrictions 2
  • Article   310 Customs User Fees 2
  • Article   311 Country of Origin Marking 2
  • Article   312 Wine and Distilled Spirits 2
  • Article   313 Distinctive Products 2
  • Article   314 Export Taxes 2
  • Article   315 Other Export Measures 2
  • Section   D Consultations 2
  • Article   316 Consultations and Committee on Trade In Goods 2
  • Article   317 Third Country Dumping 2
  • Section   E Definitions 2
  • Article   318 Definitions 2
  • Chapter   Four RULES OF ORIGIN 2
  • Article   401 Originating Goods 2
  • Article   402 Regional Value Content 2
  • Article   403 Automotive Goods 3
  • Article   404 Accumulation 3
  • Article   405 De Minimis 3
  • Article   406 Fungible Goods and Materials for Purposes of Determining Whether a Good Is an Originating Good: 3
  • Article   407 Accessories, Spare Parts and Tools 3
  • Article   408 Indirect Materials 3
  • Article   409 Packaging Materials and Containers for Retail Sale 3
  • Article   410 Packing Materials and Containers for Shipment 3
  • Article   411 Trans-shipment 3
  • Article   412 Non-Qualifying Operations 3
  • Article   413 Interpretation and Application 3
  • Article   414 Consultation and Modifications 3
  • Article   415 Definitions 3
  • Chapter   Five CUSTOMS PROCEDURES 4
  • Section   A Certification of Origin 4
  • Article   501 Certificate of Origin 4
  • Article   502 Obligations Regarding Importations 4
  • Article   503 Exceptions 4
  • Article   504 Obligations Regarding Exportations 4
  • Section   B Administration and Enforcement 4
  • Article   505 Records 4
  • Article   506 Origin Verifications 4
  • Article   507 Confidentiality 4
  • Article   508 Penalties 4
  • Section   C Advance Rulings 4
  • Article   509 Advance Rulings 4
  • Section   D Review and Appeal of Origin Determinations and Advance Rulings 5
  • Article   510 Review and Appeal 5
  • Section   E Uniform Regulations 5
  • Article   511 Uniform Regulations 5
  • Section   F Cooperation 5
  • Article   512 Cooperation 5
  • Article   513 Working Group and Customs Subgroup 5
  • Article   514 Definitions 5
  • Chapter   Six ENERGY AND BASIC PETROCHEMICALS 5
  • Article   601 Principles 5
  • Article   602 Scope and Coverage 5
  • Article   603 Import and Export Restrictions 5
  • Article   604 Export Taxes 5
  • Article   605 Other Export Measures 5
  • Article   606 Energy Regulatory Measures 5
  • Article   607 National Security Measures 5
  • Article   608 Miscellaneous Provisions 5
  • Article   609 Definitions 5
  • Annex 602.3  Reservations and Special Provisions 6
  • Chapter   Seven AGRICULTURE AND SANITARY AND PHYTOSANITARY MEASURES 6
  • Section   A Agriculture 6
  • Article   701 Scope and Coverage 6
  • Article   702 International Obligations 6
  • Article   703 Market Access 6
  • Article   704 Domestic Support 6
  • Article   705 Export Subsidies 6
  • Article   706 Committee on Agricultural Trade 6
  • Article   707 Advisory Committee on Private Commercial Disputes Regarding Agricultural Goods 6
  • Article   708 Definitions 6
  • Section   B Sanitary and Phytosanitary Measures 6
  • Article   709 Scope and Coverage 6
  • Article   710 Relation to other Chapters 6
  • Article   711 Reliance on Non-Governmental Entities 6
  • Article   712 Basic Rights and Obligations 6
  • Article   713 International Standards and Standardizing Organizations 6
  • Article   714 Equivalence 6
  • Article   715 Risk Assessment and Appropriate Level of Protection 6
  • Article   716 Adaptation to Regional Conditions 7
  • Article   717 Control, Inspection and Approval Procedures 7
  • Article   718 Notification, Publication and Provision of Information 7
  • Article   719 Inquiry Points 7
  • Article   720 Technical Cooperation 7
  • Article   721 Limitations on the Provision of Information 7
  • Article   722 Committee on Sanitary and Phytosanitary Measures 7
  • Article   723 Technical Consultations 7
  • Article   724 Definitions 7
  • Chapter   Eight EMERGENCY ACTION 7
  • Article   801 Bilateral Actions 7
  • Article   802 Global Actions 8
  • Article   803 Administration of Emergency Action Proceedings 8
  • Article   804 Dispute Settlement In Emergency Action Matters 8
  • Article   805 Definitions for Purposes of this Chapter: 8
  • Part   Three TECHNICAL BARRIERS TO TRADE 8
  • Chapter   Nine STANDARDS-RELATED MEASURES 8
  • Article   901 Scope and Coverage 8
  • Article   902 Extent of Obligations 8
  • Article   903 Affirmation of Agreement on Technical Barriers to Trade and other Agreements 8
  • Article   904 Basic Rights and Obligations Right to Take Standards-Related Measures 8
  • Article   905 Use of International Standards 8
  • Article   906 Compatibility and Equivalence 8
  • Article   907 Assessment of Risk 8
  • Article   908 Conformity Assessment 8
  • Article   909 Notification, Publication, and Provision of Information 8
  • Article   910 Inquiry Points 8
  • Article   911 Technical Cooperation 8
  • Article   912 Limitations on the Provision of Information 8
  • Article   913 Committee on Standards-Related Measures 8
  • Article   914 Technical Consultations 9
  • Article   915 Definitions 9
  • Part   Four GOVERNMENT PROCUREMENT 9
  • Chapter   Ten GOVERNMENT PROCUREMENT 9
  • Section   A Scope and Coverage and National Treatment 9
  • Article   1001 Scope and Coverage 9
  • Article   1002 Valuation of Contracts 9
  • Article   1003 National Treatment and Non-Discrimination 9
  • Article   1004 Rules of Origin 9
  • Article   1005 Denial of Benefits 9
  • Article   1006 Prohibition of Offsets 9
  • Article   1007 Technical Specifications 9
  • Section   B Tendering Procedures 9
  • Article   1008 Tendering Procedures 9
  • Article   1009 Qualification of Suppliers 9
  • Article   1010 Invitation to Participate 9
  • Article   1011 Selective Tendering Procedures 10
  • Article   1012 Time Limits for Tendering and Delivery 10
  • Article   1013 Tender Documentation 10
  • Article   1014 Negotiation Disciplines 10
  • Article   1015 Submission, Receipt and Opening of Tenders and Awarding of Contracts 10
  • Article   1016 Limited Tendering Procedures 10
  • Section   C Bid Challenge 10
  • Article   1017 Bid Challenge 10
  • Section   D General Provisions 10
  • Article   1018 Exceptions 10
  • Article   1019 Provision of Information 10
  • Article   1020 Technical Cooperation 11
  • Article   1021 Joint Programs for Small Business 11
  • Article   1022 Rectifications or Modifications 11
  • Article   1023 Divestiture of Entities 11
  • Article   1024 Further Negotiations 11
  • Article   1025 Definitions 11
  • Part   Five INVESTMENT, SERVICES AND RELATED MATTERS 11
  • Chapter   Eleven INVESTMENT 11
  • Section   A Investment 11
  • Article   1101 Scope and Coverage 11
  • Article   1102 National Treatment 11
  • Article   1103 Most-Favored-Nation Treatment 11
  • Article   1104 Standard of Treatment 11
  • Article   1105 Minimum Standard of Treatment 11
  • Article   1106 Performance Requirements 11
  • Article   1107 Senior Management and Boards of Directors 11
  • Article   1110 Expropriation and Compensation 11
  • Article   1111 Special Formalities and Information Requirements 11
  • Article   1112 Relation to other Chapters 11
  • Article   1113 Denial of Benefits 11
  • Article   1114 Environmental Measures 12
  • Section   B Settlement of Disputes between a Party and an Investor of Another Party 12
  • Article   1115 Purpose 12
  • Article   1116 Claim by an Investor of a Party on Its Own Behalf 12
  • Article   1117 Claim by an Investor of a Party on Behalf of an Enterprise 12
  • Article   1118 Settlement of a Claim Through Consultation and Negotiation 12
  • Article   1119 Notice of Intent to Submit a Claim to Arbitration 12
  • Article   1120 Submission of a Claim to Arbitration 12
  • Article   1121 Conditions Precedent to Submission of a Claim to Arbitration 12
  • Article   1122 Consent to Arbitration 12
  • Article   1123 Number of Arbitrators and Method of Appointment 12
  • Article   1124 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 12
  • Article   1125 Agreement to Appointment of Arbitrators 12
  • Article   1126 Consolidation 12
  • Article   1127 Notice a Disputing Party Shall Deliver to the other Parties: 12
  • Article   1128 Participation by a Party 12
  • Article   1129 Documents 12
  • Article   1130 Place of Arbitration 12
  • Article   1131 Governing Law 12
  • Article   1132 Interpretation of Annexes 12
  • Article   1133 Expert Reports 12
  • Article   1134 Interim Measures of Protection 12
  • Article   1135 Final Award 12
  • Article   1136 Finality and Enforcement of an Award 12
  • Article   1137 General 12
  • Article   1138 Exclusions 12
  • Section   C Definitions 13
  • Article   1139 Definitions 13
  • Annex 1120.1  Submission of a Claim to Arbitration 13
  • Annex 1138.2  Exclusions from Dispute Settlement 13
  • Chapter   Twelve CROSS-BORDER TRADE IN SERVICES 13
  • Article   1201 Scope and Coverage 13
  • Article   1202 National Treatment 13
  • Article   1203 Most-Favored-Nation Treatment 13
  • Article   1204 Standard of Treatment 13
  • Article   1205 Local Presence 13
  • Article   1206 Reservations 13
  • Article   1207 Quantitative Restrictions 13
  • Article   1208 Liberalization of Non-Discriminatory Measures 13
  • Article   1209 Procedures 13
  • Article   1210 Licensing and Certification 13
  • Article   1211 Denial of Benefits 13
  • Article   1212 Sectoral Annex 13
  • Article   1213 Definitions 13
  • Chapter   Thirteen TELECOMMUNICATIONS 14
  • Article   1301 Scope and Coverage 14
  • Article   1302 Access to and Use of Public Telecommunications Transport Networks and Services 14
  • Article   1303 Conditions for the Provision of Enhanced or Value-Added Services 14
  • Article   1304 Standards-Related Measures 14
  • Article   1305 Monopolies 14
  • Article   1306 Transparency 14
  • Article   1308 Relation to International Organizations and Agreements 14
  • Article   1309 Technical Cooperation and other Consultations 14
  • Article   1310 Definitions 14
  • Chapter   Fourteen FINANCIAL SERVICES 14
  • Article   1401 Scope and Coverage 14
  • Article   1402 Self-Regulatory Organizations 14
  • Article   1403 Establishment of Financial Institutions 14
  • Article   1404 Cross-Border Trade 14
  • Article   1405 National Treatment 14
  • Article   1406 Most-Favored-Nation Treatment 15
  • Article   1407 New Financial Services and Data Processing 15
  • Article   1408 Senior Management and Boards of Directors 15
  • Article   1409 Reservations and Specific Commitments 15
  • Article   1410 Exceptions 15
  • Article   1411 Transparency 15
  • Article   1412 Financial Services Committee 15
  • Article   1413 Consultations 15
  • Article   1414 Dispute Settlement 15
  • Article   1415 Investment Disputes In Financial Services 15
  • Article   1416 Definitions 15
  • Annex 1412.1  Authorities Responsible for Financial Services 15
  • Chapter   Fifteen COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 15
  • Article   1501 Competition Law 15
  • Article   1502 Monopolies and State Enterprises 15
  • Article   1503 State Enterprises 15
  • Article   1504 Working Group on Trade and Competition 15
  • Article   1505 Definitions 15
  • Annex 1505  Country-Specific Definitions of State Enterprises 15
  • Chapter   Sixteen TEMPORARY ENTRY FOR BUSINESS PERSONS 15
  • Article   1601 General Principles 15
  • Article   1602 General Obligations 15
  • Article   1603 Grant of Temporary Entry 16
  • Article   1604 Provision of Information 16
  • Article   1605 Working Group 16
  • Article   1606 Dispute Settlement 16
  • Article   1607 Relation to other Chapters 16
  • Article   1608 Definitions 16
  • Annex 1603  Temporary Entry for Business Persons 16
  • Section   A Business Visitors 16
  • Section   B Traders and Investors 16
  • Section   C Intra-Company Transferees 16
  • Section   D Professionals 16
  • Part   Six INTELLECTUAL PROPERTY 16
  • Chapter   Seventeen INTELLECTUAL PROPERTY 16
  • Article   1701 Nature and Scope of Obligations 16
  • Article   1702 More Extensive Protection 16
  • Article   1703 National Treatment 16
  • Article   1704 Control of Abusive or Anticompetitive Practices or Conditions 16
  • Article   1705 Copyright 16
  • Article   1706 Sound Recordings 16
  • Article   1707 Protection of Encrypted Program-Carrying Satellite Signals 16
  • Article   1708 Trademarks 16
  • Article   1709 Patents 17
  • Article   1710 Layout Designs of Semiconductor Integrated Circuits 17
  • Article   1711 Trade Secrets 17
  • Article   1712 Geographical Indications 17
  • Article   1713 Industrial Designs 17
  • Article   1714 Enforcement of Intellectual Property Rights: General Provisions 17
  • Article   1715 Specific Procedural and Remedial Aspects of Civil and Administrative Procedures 17
  • Article   1716 Provisional Measures 17
  • Article   1717 Criminal Procedures and Penalties 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 18
  • Article   1719 Cooperation and Technical Assistance 18
  • Article   1720 Protection of Existing Subject Matter 18
  • Article   1721 Definitions 18
  • Part   Seven ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 18
  • Chapter   Eighteen PUBLICATION, NOTIFICATION AND ADMINISTRATION OF LAWS 18
  • Article   1801 Contact Points 18
  • Article   1802 Publication 18
  • Article   1803 Notification and Provision of Information 18
  • Article   1804 Administrative Proceedings 18
  • Article   1805 Review and Appeal 18
  • Article   1806 Definitions 18
  • Chapter   Nineteen REVIEW AND DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY MATTERS 18
  • Article   1901 General Provisions 18
  • Article   1902 Retention of Domestic Antidumping Law and Countervailing Duty Law 18
  • Article   1903 Review of Statutory Amendments 18
  • Article   1904 Review of Final Antidumping and Countervailing Duty Determinations 18
  • Article   1905 Safeguarding the Panel Review System 18
  • Article   1906 Prospective Application 19
  • Article   1907 Consultations 19
  • Article   1908 Special Secretariat Provisions 19
  • Article   1909 Code of Conduct 19
  • Article   1910 Miscellaneous 19
  • Article   1911 Definitions 19
  • Chapter   Twenty INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES 19
  • Section   A Institutions 19
  • Article   2011 The Free Trade Commission 19
  • Article   2002 The Secretariat 19
  • Section   B Dispute Settlement 19
  • Article   2003 Cooperation 19
  • Article   2004 Recourse to Dispute Settlement Procedures 19
  • Article   2005 GATT Dispute Settlement 19
  • Article   2006 Consultations 19
  • Article   2007 Commission - Good Offices, Conciliation and Mediation 19
  • Article   2008 Request for an Arbitral Panel 20
  • Article   2009 Roster 20
  • Article   2010 Qualifications of Panelists 20
  • Article   2011 Panel Selection 20
  • Article   2012 Rules of Procedure 20
  • Article   2013 Third Party Participation 20
  • Article   2014 Role of Experts 20
  • Article   2015 Scientific Review Boards 20
  • Article   2016 Initial Report 20
  • Article   2017 Final Report 20
  • Article   2018 Implementation of Final Report 20
  • Article   2019 Non-Implementation-Suspension of Benefits 20
  • Section   C Domestic Proceedings and Private Commercial Dispute Settlement 20
  • Article   2020 Referrals of Matters from Judicial or Administrative Proceedings 20
  • Article   2021 Private Rights 20
  • Article   2022 Alternative Dispute Resolution 20
  • Annex 2001.2  Committees and Working Groups 20
  • Annex 2002.2  Remuneration and Payment of Expenses 20
  • Annex 2004  Nullification and Impairment 20
  • Part   Eight OTHER PROVISIONS 20
  • Chapter   Twenty-One EXCEPTIONS 20
  • Article   2101 General Exceptions 20
  • Article   2102 National Security 20
  • Article   2103 Taxation 21
  • Article   2104 Balance of Payments 21
  • Article   2105 Disclosure of Information 21
  • Article   2106 Cultural Industries 21
  • Article   2107 Definitions 21
  • Annex 2103.4  Specific Taxation Measures 21
  • Annex 2103.6  Competent Authorities 21
  • Annex 2106  Cultural Industries 21
  • Chapter   Twenty-Two FINAL PROVISIONS 21
  • Article   2201 Annexes 21
  • Article   2202 Amendments 21
  • Article   2203 Entry Into Force 21
  • Article   2204 Accession 21
  • Article   2205 Withdrawal 21
  • Article   2206 Authentic Texts 21
  • Annex I  Reservations for Existing Measures and Liberalization Commitments 21
  • Annex I  Schedule of Canada 21
  • Annex I  Schedule of Mexico 25
  • Annex I  Schedule of the United States 31
  • Annex II  Reservations for Future Measures (Chapters 11, 12, and 14) 32
  • Annex II  Schedule of Canada 33
  • Annex II  Schedule of Mexico 34
  • Annex II  Schedule of United States 34
  • Annex III  Activities Reserved to the State (Chapter 11) 35
  • Annex III  Schedule of Mexico 35
  • Annex IV  Exceptions from Most-Favored-Nation Treatment (Chapter 11) 36
  • Annex IV  Schedule of Canada 36
  • Annex IV  Schedule of Mexico 36
  • Annex IV  Schedule of the United States 36