1. Except where otherwise provided, this Chapter creates obligations in respect of all subject matter existing on the date of entry into force of this Agreement that is protected on that date in the territory of the Party where protection is claimed, or that meets the criteria for protection set out in this Chapter then or later.
2. Except as otherwise provided in this Chapter, a Party shall not be required to restore protection to subject matter that, on the date of entry into force of this Agreement, has fallen into the public domain in the territory of the Party where protection is claimed.
Article 10.10. Cooperation
1. The Parties shall seek to cooperate on matters covered in this Chapter, such as through appropriate coordination, training, and information exchange between the Parties' respective intellectual property offices or other institutions, as determined by each Party.
Cooperation may cover such areas as:
(a) Developments in national and international intellectual property policy;
(b) Systems of administration and registration of intellectual property;
(c) Intellectual property education and awareness;
(d) Intellectual property issues concerning
(i) small and medium enterprises;
(ii) science, technology and innovation activities, and
(iii) the generation, transfer and diffusion of technology;
(e) Policies that involve the use of intellectual property for research, innovation and economic growth
(f) Implementation of multilateral intellectual property agreements, such as those concluded or administered under the auspices of WIPO, and
(g) Technical assistance to developing countries and bilaterally.
2. The Parties shall seek to cooperate in the implementation of actions adopted within the framework of the WIPO Development Agenda and with the achievement of the United Nations Sustainable Development Goals.
Article 10.11. Geographical Indications and Appellations of Origin
1. Each Party shall ensure in its legal system adequate and effective means to protect geographical indications and appellations of origin in respect of any product, ina manner consistent with the TRIPS Agreement.
2. Each Party shall provide the means for any person, including natural persons and legal entities, or governmental entities of the other Party, to seek protection for geographical indications or appellations of origin. Each Party shall accept applications without requiring the intercession of the other Party on behalf of its persons.
3. Where a geographical indication or designation of origin protected under this Agreement is homonymous with the geographical name of a geographical area outside the territory of the Parties, each Party may permit its use to describe and present a spirit drink or aromatised drink from the geographical area to which the latter refers, provided that it has been used traditionally and consistently, its use for that purpose is regulated by the country of origin and the spirit drink or aromatised drink is not presented to consumers in a misleading manner as originating in the Party concerned.
4. Uruguay and Chile shall protect the geographical indications and appellations of origin listed in Annex 10.11 from the date of entry into force of this Agreement, and the geographical indications and appellations of origin listed in Annex 10.11.4 from the time each case is agreed upon by the Commission, for use on goods originating in accordance with the legal system of the Parties.
5. For the purposes of the implementation and operation of this Chapter, the Parties shall establish a Committee on Geographical Indications and Names of Origin (hereinafter referred to as the "Committee"). The Committee shall be composed of government representatives competent in intellectual property matters (2).
6 For the purposes referred to in paragraph 5, the contact points of the Committee shall be as follows:
(a) In the case of Chile, the Directorate General of International Economic Relations of the Ministry of Foreign Affairs, or its successor, and
(b) In the case of Uruguay, the National Directorate of Industrial Property of the Ministry of Industry, Energy and Mining, or its successor.
7. The objectives of the Committee shall be:
(a) Improve the effective implementation of this Chapter;
(b) Consider the Geographical Indications and Appellations of Origin listed by Uruguay and Chile in Annex 10.11.7, as well as those to be submitted in the future, which will be analyzed and recommended for approval by the Commission in accordance with Article 17.2.2 (a) (i) (Functions of the Free Trade Commission) for incorporation into Annex 10.11.4, which, from the date the Parties agree, shall be part of the scope of protection of this Agreement. (3)
(c) Facilitate communication between the Parties, and
(d) Identify and develop projects of assistance and technical cooperation in intellectual property between the Parties
8. The Committee will establish its terms of reference at its first meeting and may revise them whenever necessary.
Article 10.12. Understanding on Recognition or Protection of Geographical Indications and Appellations of Origin In International Agreements
1. If a Party protects or recognizes a geographical indication or appellation of origin pursuant to an international agreement, subsequent to the entry into force of this Agreement, that involves the other Party or a non-Party, and that geographical indication or appellation of origin is not protected through an administrative procedure for its protection or recognition that includes instances of opposition by interested third parties, that Party shall apply at least procedures to apply for the opposition of such geographical indications and designations of origin, as well as
(a) Make available sufficient information to enable the general public to obtain guidance on procedures for the protection or recognition of the geographical indication or appellation of origin and enable interested persons to check the status of applications for protection or recognition;
(b) Make available to the public, on the Internet, details regarding terms that the Party is considering protecting or recognizing through an international agreement involving the other Party or a non-Party, including specifying whether protection or recognition is being considered for any translation or transliteration of such terms, and with respect to multicomponent terms, specifying, if appropriate, the components with respect to which protection or recognition is being considered, or the components that have been denied;
(c) With respect to opposition procedures, provide a reasonable period of time for interested persons to oppose the protection or recognition of the terms referred to in subparagraph (b). Such period shall provide a meaningful opportunity for interested persons to participate in an objection procedure, and
(d) Inform the other party of the opportunity to object, before the beginning of the opposition period.
2. For purposes of this Article, the Parties shall not prevent the possibility that the protection or recognition of a geographical indication or appellation of origin may be terminated.
3. A Party shall not be obliged to apply this Article with respect to geographical indications or designations of origin for wines and spirits or to applications for such geographical indications or designations of origin.
4. The protection or recognition granted under paragraph 1 shall not begin before the date the agreement enters into force or, if that Party grants such protection or recognition at a date later than the entry into force of the agreement, at that later date.
Chapter 11. LABOR
Article 11.1. Definitions
For the purposes of this Chapter:
ILO Declaration means the 1998 International Labour Organization (hereinafter referred to as "ILO") Declaration on Fundamental Principles and Rights at Work and its Follow-up;
labor law means the laws and regulations (1) of a Party, or provisions of the laws and regulations of a Party, that are directly related to the following internationally recognized labor rights:
(a) Freedom of association and the effective recognition of the right to collective bargaining;
(b) The elimination of all forms of forced or compulsory labour;
(c) The effective abolition of child labor, the prohibition of the worst forms of child labor, and other labor protections for children and minors
(d) The elimination of discrimination in respect of employment and occupation, and
(e) Acceptable working conditions regarding minimum wages, working hours, safety and health at work.
Article 11.2. Objectives
The objectives of the Parties under this Chapter are
(a) Strengthen the broader relationship between the Parties and facilitate the improvement of their capacities to address labor issues through dialogue and cooperation;
(b) Progressively strengthen the welfare of their respective workforces, through the promotion of sound labor policies and practices based on decent work and a better understanding of each Party's labor system;
(c) Provide a forum to discuss and exchange views on labor issues of interest or concern to the Parties;
(d) Promote the observance, dissemination and effective implementation of the national legislation of the Parties;
(e) Develop information exchange and labor cooperation activities in terms of mutual benefit, and
(f) Promote the participation of social actors in the development of public agendas through social dialogue.
Article 11.3. Shared Commitments
1. The Parties reaffirm their obligations as Members of the ILO and their commitments under the ILO Declaration, with respect to labour rights within their territory.
2. Recognizing the right of each Party to establish its own labor laws and regulations and, consequently, to adopt or modify its labor laws, each Party shall endeavor to ensure that its labor laws and regulations are consistent with internationally recognized labor rights.
3. The Parties recognize that it is inappropriate to establish or use their laws, regulations, policies and labor practices for protectionist trade purposes.
Article 11.4. Labor Rights
1. Each Party shall respect the sovereign right of the other Party to set its own national policies and priorities and to establish, administer, and enforce its labor laws and regulations.
2. Each Party shall adopt and maintain laws and regulations, and practices deriving therefrom, governing the following rights as set forth in the ILO Declaration (2):
(a) Freedom of association and the effective recognition of the right to collective bargaining;
(b) The elimination of all forms of forced or compulsory labour;
(c) The effective abolition of child labour and, for the purposes of this Agreement, the prohibition of the worst forms of child labour; and
(d) The elimination of discrimination in respect of employment and occupation
3. Each Party shall adopt and maintain laws and regulations, and practices deriving therefrom, governing acceptable conditions of work with respect to minimum wages, working hours, and occupational safety and health.
Article 11.5. Non-Derogation
1. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection afforded by each Party's labor laws or by refraining from monitoring its labor laws.
2. Accordingly, no Party shall waive or repeal, or offer to waive or repeal, any labor law or regulation implementing Article 11.4 if the waiver or repeal of such law or regulation would be inconsistent with, or would weaken or reduce the regulation of, any of the rights set forth in Article 11.4.2 or any of the labor conditions referred to in Article 11.4.3 in a manner that affects trade or investment between the Parties.
Article 11.6. Enforcement of Labor Law
1. No Party shall fail to effectively enforce its labor laws, through a sustained or recurring course of action or inaction, in a manner that affects trade or investment between the Parties after the date of entry into force of this Agreement.
2. If a Party fails to comply with an obligation under this Chapter, it may not be excused on grounds relating to the allocation of resources for the enforcement of its labor laws. Each Party retains the right to exercise reasonable discretion in enforcement and to make good faith decisions on the allocation of resources for labor enforcement activities relating to the core labor rights and acceptable conditions of work listed in Article 11.4, provided that the exercise of such discretion and decisions is not inconsistent with its obligations under this Chapter.
3. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct labor law enforcement activities in the territory of the other Party.
Article 11.7. Forced or Compulsory Labor
1. Each Party recognizes the objective of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour.
2. Accordingly, the Parties agree to identify opportunities for cooperation to exchange information, experiences and good practices in this area.
Article 11.8. Corporate Social Responsibility
Each Party shall encourage companies operating in its territory to voluntarily adopt corporate social responsibility initiatives on labor issues that have been approved or are supported by that Party.
Article 11.9. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to effectively implement this Chapter, increase opportunities to improve labor laws and regulations, and further advance common commitments on labor issues and decent work, including the welfare and quality of life of workers and the principles and rights set forth in the ILO Declaration.
2. In carrying out cooperative activities, the Parties shall be guided by the following principles:
(a) Consideration of each Party's priorities and available resources;
(b) Wide participation of the Parties, and for their mutual benefit;
(c) Relevance of capacity and skills development activities, including technical assistance between the Parties to address labor protection issues and activities to promote innovative workplace practices;
(d) Generation of measurable, positive and significant labor results;
(e) Resource efficiency, including through the use of technology, as appropriate, to optimize resources used in cooperative activities;
(f) Complementarity with existing regional and multilateral initiatives to address labor issues; and
(g) Transparency and public participation.
3. Each Party shall solicit the views and, as appropriate, the participation of persons or organizations of that Party, including workers' and employers' representatives, in the identification of potential areas for cooperation and the conduct of cooperative activities. Subject to the agreement of the Parties, cooperative activities may involve relevant regional or international organizations, such as the ILO, as well as non-Parties.
4. The financing of cooperation activities carried out under this Chapter shall be decided by the Parties on a case-by-case basis.
5. In addition to the cooperative activities identified in this Article, the Parties shall, as appropriate, join and use their respective memberships in regional and multilateral forums to promote their common interests in addressing labor issues.
6. Areas of cooperation may include, but are not limited to, the following: labor policies; good practices of labor systems; the development and administration of human capital for better employability; business excellence; greater productivity for the benefit of workers and employers; the promotion of awareness of, and respect for, the principles and rights established in the ILO Declaration and the concept of Decent Work as defined by the ILO; United Nations Guiding Principles on Human Rights and Business; occupational safety and health; the promotion of equal rights, treatment and opportunities on the basis of gender; the elimination of discrimination and the protection of vulnerable workers, including migrant workers, low-wage workers, casual and temporary workers; social dialogue, including consultation and tripartite collaboration; and such other areas as the Parties may decide.
7. The Parties may carry out activities in the areas of cooperation established in paragraph 6, through
(a) Workshops, seminars, dialogues and other forums to exchange knowledge, experiences and best practices, including online forums and other knowledge-sharing platforms
(b) Study tours, visits and research studies to document and study policy and practice;
(c) Collaborative research and development related to best practices in matters of mutual interest;
(d) Specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) Other forms that the Parties may decide.
Article 11.10. Public Awareness and Procedural Safeguards
1. Each Party shall promote public awareness of its labor laws, including by ensuring that information related to those laws and the procedures for their implementation and enforcement are publicly available.
2. Each Party shall ensure, as provided in its legal system, that persons with a recognized interest in a particular matter have appropriate access to impartial and independent tribunals for the enforcement of that Party's labor law.
3. Each Party shall ensure that court procedures for the enforcement of its labor laws are fair, equitable, and transparent; comply with due process of law; and do not entail unreasonable costs or delays, in accordance with each Party's legal system. Any hearing in these proceedings shall be open to the public, except where the administration of justice requires otherwise, in accordance with each Party's legal system.
4. Each Party shall provide that parties to these proceedings have the right to seek recourse and to request review or appeal, as appropriate under its legal system.
5. Each Party shall provide procedures to effectively enforce the final decisions of its courts in these proceedings, in accordance with its legal system.
6. For greater certainty, in the event that a court decision is inconsistent with a Party's obligations under this Chapter, nothing in this Chapter shall be construed to require a Party's court to reopen a decision that has been made on a particular matter.
Article 11.11. Public Communications
1. Each Party, through its designated contact point under Article 11.3, shall provide that written communications from a person or organization of that Party on matters relating to this Chapter shall be received and considered in accordance with its legal system. Accordingly, each Party shall make the relevant procedures readily accessible and publicly available, including deadlines for the receipt and consideration of written communications
2. A Party may provide in its procedures that, in order to be admitted for consideration of a communication, it shall, at a minimum, do so:
(a) Raise an issue directly relevant to this Chapter;
(b) Clearly identify the person or organization presenting the communication, and
(c) Explain, to the greatest extent possible, how and to what extent the issue raised affects trade or investment between the Parties.
3. Each Party shall: (a) Consider the issues raised in the communication and provide a timely response to the person or organization of the Party that submitted the communication, including in writing, as appropriate
(b) Make the communication known to the other party, and
(c) Make the results of the consideration of the communication available to the other party and the public, according to the legal system of each party.
4. A Party may request, from the person or organization that submitted the communication, such additional information as may be necessary to examine the content of the communication.
Article 11.12. Public Participation
1. In carrying out its activities, including meetings, the Labor Committee, established in Article 11.13.4, may provide the means for the reception and consideration of the views of representatives of their labor and business organizations; as well as persons with a legitimate interest in matters related to this Chapter.
2. Each Party shall establish or maintain, and consult with, a national labor advisory or consultative body, or similar mechanism, for persons or organizations of that Party, including representatives of their labor and business organizations, to provide views on matters relating to this Chapter.
Article 11.13. Institutional Provisions
1. In order to facilitate communication between the Parties for purposes of this Chapter, each Party shall designate a contact point within its Ministry of Labor or equivalent entity within 6 months of the date of entry into force of this Agreement. Each Party shall notify the other as soon as possible of any changes in the contact point.
2. The Parties may exchange information by any means of communication, including the Internet and videoconferencing.
3. The points of contact should:
(a) Facilitate frequent communication and coordination between the Parties;
(b) Attend the Labor Committee established in paragraph 4;
(c) To inform the Commission regarding the implementation of this Chapter, if necessary;
(d) Act as a channel of communication with the public in their respective territories, and
(e) Work together, including with other appropriate agencies of their governments, to develop and implement cooperative activities.
4. The Parties hereby establish the Labor Committee (hereinafter referred to as the "Committee"), which may meet to discuss matters of mutual interest, including potential areas of cooperation, review the implementation of this Chapter, and to address any issues that may arise between them. The Committee shall be composed of high-level government representatives, or their designees, responsible for labor and trade issues.
Article 11.14. Labor Consultations
1. The Parties shall at all times seek to agree on the interpretation and application of the provisions of this Chapter, and shall make every effort through dialogue, consultation, exchange of information, and, where appropriate, cooperation, based on the principle of mutual respect to resolve any matter arising under this Chapter.
2. A Party may, at any time, request labor consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the other Party's point of contact. The requesting Party shall include specific and sufficient information to enable the other Party to respond, including identification of the issue in question and an indication of the legal basis under this Chapter.
3. The requested Party shall acknowledge receipt of the request, in writing, within seven days of the date of receipt, unless otherwise agreed with the requesting Party.
4. The Parties shall initiate labor consultations, in good faith, within 60 days from the date of receipt of the request by the requested Party.
5. Labor consultations may be held in person or by any other technological means available to the Parties. If labor consultations are held in person, they shall be held in the capital of the requested Party, unless the Parties agree otherwise.
6. The Parties shall make every effort to reach a mutually satisfactory resolution of the matter through labor consultations under this Article, taking into account opportunities for cooperation related to the matter as possible. The Parties may seek the advice of an independent expert or experts, chosen by the Parties to assist them. The Parties may have recourse to procedures such as good offices, conciliation, or mediation.
7. In labor consultations under this Article, a Party may request the other Party to involve personnel from its government agencies or other regulatory bodies with specialized knowledge of the subject matter of the labor consultations.
8. If the Parties are unable to resolve the matter within 90 days after the start of the consultations, either Party may request that the Committee meet to consider the matter by delivering a written request to the other Party through their point of contact. The Party making such a request shall inform the other Party through its point of contact. The Committee shall meet within 30 days of the date of receipt of the request, unless the Parties agree otherwise, and shall seek to resolve the matter, including, if appropriate, through consultation with independent experts and through such procedures as good offices, conciliation, and mediation.
9. If, upon convening the Committee, the Parties have not been able to resolve the matter within 90 days after the expiration of the period referred to in paragraph 8, the requesting Party may refer the matter to the competent Ministers of the requesting Party, who shall seek to resolve the matter.
10. The Parties shall, upon resolution of the matter, document the result obtained; including, if appropriate, the specific steps and deadlines agreed upon. The Parties shall make the outcome publicly available, unless they agree otherwise.
11. The labor consultations will be confidential and will produce a report agreed upon by the Parties, which will implement the conclusions and recommendations of the report as soon as practicable.
Article 11.15. Non-application of Dispute Resolution
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) of this Agreement with respect to any matter arising under this Chapter.