(ii) anonymous and pseudonymous works are protected for a period of 50 years as of the beginning of the calendar year subsequent to the year in which such works have been first published, (19)
(iii) performance or phonogram, not less than 50 years from the end of the calendar year of the creation of the work, performance or phonogram.
Article 11.36. Limitations and Exceptions
1. With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.
2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT.
Article 11.37. Balance In Copyright and Related Rights Systems
Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of limitations or exceptions that are consistent with Article 11.36, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled. (20) (21)
Article 11.38. Contractual Transfers
Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (22) in a work, performance or phonogram:
(a) may freely and separately transfer that right by contract; and
(b) by virtue of contract, including contracts of employment underlying the creation of works, performances or phonograms, shall be able to exercise that right in that person's own name and enjoy fully the benefits derived from that right. (23)
Article 11.39. Obligations Concerning Protection of Technological Measures and Rights Management Information
1. Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights as provided under Articles 11.31 through 11.34 of this Agreement, that restrict acts, in respect of their works, performances or phonograms, which are not authorised by the authors, performers or producers of phonograms concerned or permitted by law.
2. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alters any electronic rights management information and/or distributes, imports for distribution, broadcasts or communicates to the public, without authority, works or copies of works knowing that electronic rights management information (24) has been removed or altered without authority.
Article 11.40. Collective Management
The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.
Section H. Enforcement
Article 11.41. General Obligation In Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
Article 11.42. Border Measures
1. Each Party shall, in conformity with its domestic law and regulations and the provisions of Part III, Section 4 of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods.
2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory in accordance with its domestic laws and regulations.
Chapter 12. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 12.1. General Principles
1. The Parties, recognizing the fundamental role of small and medium-sized enterprises (SMEs) in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between their SMEs and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognize the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
Article 12.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities, and in particular shall:
(a) promote cooperation between the Parties' SMEs support infrastructure, including dedicated SME centers, incubators and accelerators, export assistance centers, and other centers as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, SME digitalization, and technology transfer, as well as business growth in local markets;
(b) strengthen its collaboration with the other Party on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade;
(c) enhance its cooperation with the other Party to exchange information and best practices in areas including enhancement of SME's role in Public-Private-Partnerships, improving SME access to capital and credit, and SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and
(d) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs and counselors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 12.3. Information Sharing
1. Each Party shall endeavor to establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent website of the other Party; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs;
(j) taxation or accounting;
(k) government procurement opportunities; and
(l) other information which the Party considers to be useful for SMEs.
4. Each Party shall endeavour to regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information described in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavor to make this information available, as appropriate.
Article 12.4. Sub-Committee on SME Issues
1. The Parties hereby establish the Sub-Committee on SME Issues (SME Sub-Committee), comprising national and local government representatives of each Party.
2. The SME Sub-Committee shall:
(a) identify ways to assist SMEs in the Parties' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade fmance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials;
(d) promote seminars, workshops, webinars, mentorship sessions, or other activities to inform SMEs of the benefits available to them under this Agreement;
(e) explore opportunities for capacity building to facilitate each Party's work in developing and enhancing SME export counseling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 12.3;
(g) review and coordinate its work program with the work of other Sub-Committees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage Sub-Committees, working groups and other subsidiary bodies established under this Agreement to consider SME-related commitments and activities into their work;
(i) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Joint Committee that can be included in future work and SME assistance programs as appropriate;
(j) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Parties' regional and global supply chains;
(k) promote the participation of SMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(l) facilitate the exchange of information on entrepreneurship education and awareness programs for youth and women to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Joint Committee; and
(n) consider any other matter pertaining to SMEs as the SME Sub-Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Sub-Committee shall convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Sub-Committee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
Article 12.5. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 14 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 13. ECONOMIC AND TECHNICAL COOPERATION
Article 13.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalize and facilitate trade and investment between the Parties and foster economic growth and trade development of the Parties.
2. Economic and technical cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade liberalization and investment facilitation, and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
3. Recognizing the importance of enhancing economic and technical cooperation initiatives for their mutual benefit, the Parties agree to promote and improve economic and technical partnerships in areas where the Parties have mutual interests, taking into account the different levels of development and capacity of the Parties.
Article 13.2. Scope and Areas of Cooperation
1. Economic and technical cooperation under this Chapter shall support the inclusive, effective and efficient implementation and utilisation of this Agreement through activities that relate to trade and investment. The Parties shall initially focus on economic and technical cooperation activities in the following areas:
(a) trade development and investment, including the related legal framework;
(b) services, tourism and banking;
(c) SMEs and export promotion;
(d) agriculture, fisheries and agro-processing;
(e) digital trade;
(f) sanitary and phytosanitary measures;
(g) technical regulations, standards, and conformity assessment procedures;
(h) digitalization, innovation, telecommunications, and information communication technology (ICT);
(i) education and human capital development;
(j) intellectual property rights;
(k) customs procedures and trade facilitation;
(l) energy; and
(m) other matters, as agreed between the Parties.
2. The Parties may agree in the Annual Work Program on Economic and Technical Cooperation Activities to modify the above list, including by adding other areas for economic and technical cooperation.
Article 13.3. Annual Work Program on Economic and Technical Cooperation Activities
1. The Sub-Committee on Economic and Technical Cooperation shall adopt an Annual Work Program on Economic and Technical Cooperation Activities (Annual Work Program) based on proposals submitted by the Parties.
2. Each activity in an Annual Work Program developed under this Chapter shall:
(i) be guided by the objectives agreed in Article 13.1;
(ii) be related to trade or investment and support the implementation of this Agreement;
(iii) involve both Parties;
(iv) address the mutual priorities of the Parties;
(v) and avoid duplicating existing economic and technical cooperation activities.
Article 13.4. Competition Policy
1. The Parties recognise the importance of general cooperation in the area of competition policy. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities.
2. The Parties may consult on matters related to anti-competitive practices and their adverse effects to trade. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations.
Article 13.5. Resources
1. Resources for economic and technical cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with, and contributions from, external parties to support the implementation of the Annual Work Program.
Article 13.6. Means of Cooperation
The Parties shall endeavor to encourage technical, technological, and scientific economic cooperation, through the following means:
(a) joint organization of conferences, seminars, workshops, meetings, training sessions and outreach, trade exhibitions and education programs;
(b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sector and agencies involved in trade promotion;
(d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernization to other countries through UAE's Government Experience Exchange Programme;
(e) promote joint business initiatives between entrepreneurs including SMEs of the Parties; and
(f) any other form of cooperation that may be agreed by the Parties.
Article 13.7. Capacity Building and Technical Assistance
The Parties, recognising the development and capacity gaps between the Parties and the importance of capacity building for expanding trade, investment and accelerating economic growth, shall endeavour to develop capacity building and technical assistance activities, as agreed upon by the Parties, to support the implementation of this Agreement and other areas as mutually agreed.
Article 13.8. Sub-Committee on Economic and Technical Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Economic and Technical Cooperation (Sub-Committee).
2. The Sub-Committee shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments to the Annual Work Programme through periodic evaluations;
(f) cooperate with other Sub-Committees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring, and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(g) report to and, if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
Article 13.9. Non-application of Chapter 14 (Dispute Settlement)
Chapter 14 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter.
Chapter 14. DISPUTE SETTLEMENT
Article 14.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 14.2. Scope
1. Unless otherwise provided for in this Agreement, this Chapter applies with respect to the settlement of any dispute between the Parties concerning the interpretation, implementation, or application of this Agreement (hereinafter referred to as "covered provisions"), wherever a Party considers that: (a) a measure adopted by the other Party is inconsistent with its obligations under this Agreement; or (b) the other Party has otherwise failed to carry out its obligations under this Agreement.
2. This Chapter shall not cover non-violation complaints and other situation complaints.
Article 14.3. Contact Points
1. Each Party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.