Article 12.7. National Treatment
1. In respect of all categories of intellectual property covered by this Chapter, each Party shall accord to nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection (22) of intellectual property rights.
2. With respect to secondary uses of phonograms by means of analog communications and free over-the-air broadcasting, however, each Party may limit the rights of the performers and producers of the other Party to the rights its persons are accorded within the jurisdiction of the other Party.
3. Each Party may derogate from paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:
(a) necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter; and
(b) not applied in a manner that would constitute a disguised restriction on trade.
4. Paragraph 1 does not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or maintenance of intellectual property rights.
Article 12.8. Transparency
1. Each Party shall ensure that its laws and regulations of general application that pertain to the availability, scope, acquisition, enforcement, and prevention of the abuse of intellectual property rights are made publicly available in at least the national language of that Party or in the English language.
2. Each Party shall endeavour to make available the information referred to in Paragraph 1, which is publicly available, in the English language and on the internet.
3. Each Party shall endeavour to make available on the internet databases of any pending and registered trademark rights in its jurisdiction.
Article 12.9. Application of Chapter to Existing Subject Matter and Prior Acts
1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement for a Party and that is protected on that date in the territory of a Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.
2. Unless provided for 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 for that Party has fallen into the public domain in its territory.
3. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement for a Party.
Article 12.10. Exhaustion of Intellectual Property Rights
Nothing in this Agreement prevents a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.(23)
Section B. COOPERATION
Article 12.11. Cooperation Activities and Initiatives
The Parties shall endeavour to cooperate on the subject matter covered by this Chapter, such as through training and exchange of information between the respective intellectual property offices of the Parties, or other institutions, as determined by each Party. Cooperation may cover areas such as:
(a) developments in domestic and international intellectual property policy;
(b) intellectual property administration and registration systems;
(c) education and awareness relating to intellectual property;
(d) intellectual property issues relevant to:
(i) small and medium-sized enterprises;
(ii) science, technology and innovation activities; and
(iii) the generation, transfer and dissemination of technology;
(e) policies involving 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.
Article 12.12. Patent Cooperation and Work Sharing
1. The Parties shall endeavour to, where appropriate, cooperate among their respective patent offices to facilitate the sharing of search and examination work, and exchanges of information on quality assurance systems which may facilitate better understanding in the Parties’ patent systems.
2. The Parties may cooperate on issues relating to the procedures and processes of their respective patent offices, with a view to reducing the complexity and the cost of obtaining the grant of a patent.
Article 12.13. Cooperation on Request
Cooperation activities and initiatives undertaken under this Chapter shall be subject to the availability of resources, and on request, and on terms and conditions mutually agreed between the Parties.
Section C. TRADEMARKS
Article 12.14. Use of Identical or Similar Signs
Each Party shall provide that the owner of a registered trademark has the exclusive right to prevent third parties that do not have the owner’s consent from using in the course of trade identical or similar signs for goods or services that are related to those goods or services in respect of which the owner’s trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.
Article 12.15. Well-Known Trademarks
1. No Party shall require as a condition for determining that a trademark is well-known that the trademark has been registered in the Party or in another jurisdiction, included on a list of well-known trademarks, or given prior recognition as a well-known trademark.
2. Article 6bis of the Paris Convention shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a well-known trademark, (24) whether registered or not, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the trademark, and provided that the interests of the owner of the trademark are likely to be damaged by such use.
3. Each Party recognises the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks as adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty- Fourth Series of Meetings of the Assemblies of the Member States of WIPO from 20 to 29 September 1999.
4. Each Party shall provide for appropriate measures to refuse the application or cancel the registration and prohibit the use of a trademark that is identical or similar to a well-known trademark (25), for identical or similar goods or services, if the use of that trademark is likely to cause confusion with the prior well-known trademark. A Party may also provide such measures including in cases in which the subsequent trademark is likely to deceive.
Article 12.16. Procedures and Classification of Trademarks
1. Each Party shall maintain a trademark classification system that is consistent with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks done at Nice on 15 June 1957, as amended from time to time.
2. Each Party shall provide high quality trademark rights through the conduct of examination as to substance and formalities and through opposition and cancellation procedures.
Article 12.17. Term of Protection for Trademarks
Each Party shall provide that initial registration and each renewal of registration of a trademark is for a term of no less than 10 years.
Article 12.18. Exceptions
A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that those exceptions take account of the legitimate interest of the owner of the trademark and of third parties.
Section D. COUNTRY NAMES
Article 12.19. Country Names
Each Party shall provide the legal means for interested persons to prevent commercial use of the country name of a Party in relation to a good in a manner that misleads consumers as to the origin of that good.
Section E. GEOGRAPHICAL INDICATIONS
Article 12.20. Recognition of Geographical Indications
The laws and regulations of each Party shall ensure adequate and effective means to protect geographical indications. The Parties recognize that geographical indications may be protected through a trademark or sui generis system or other legal means.
Section F. PATENTS
Article 12.21. Grace Period
Each Party shall disregard at least information contained in public disclosures used to determine if an invention is novel or has an inventive step, if the public disclosure of any form: (26), (27)
(a) was made by the patent applicant or by a person that obtained the information directly or indirectly from the patent applicant; and
(b) occurred within at least six months prior to the effective date stated in the law and regulation of each Party.
Article 12.22. Exceptions
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 account of the legitimate interests of third parties.
Article 12.23. Genetic Resources and Traditional Knowledge
1. The Parties reaffirm their sovereign rights over their natural resources. The Parties also recognize their rights and obligations as established by the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and other relevant international agreements to which they are a party with respect to access to genetic resources and associated traditional knowledge, the fair and equitable sharing of benefits arising out of the utilization of these genetic resources, and associated traditional knowledge, considering the close and traditional dependence of indigenous and local communities embodying traditional lifestyles on genetic resources.
2. The Parties recognize the importance and the value of biological diversity and traditional knowledge of indigenous and local communities. Each Party shall determine the access conditions to its genetic resources in accordance with its international obligations.
3. The Parties shall take policy, legislative, and administrative measures in accordance with their international obligations, as appropriate, for the fulfilment of terms and conditions for access to genetic resources and associated traditional knowledge.
4. The Parties shall take legislative, administrative, or policy measures in accordance with their international obligations, as appropriate, with the aim of sharing in a fair and equitable way the benefits arising from commercial or other utilization of genetic resources and associated traditional knowledge. Such sharing shall be based upon mutually agreed terms established at the time of access.
5. The Parties may, by mutual agreement, review this Article in light of the results of multilateral negotiations.
Section G. COPYRIGHT AND RELATED RIGHTS
Article 12.24. Rights of Reproduction, Distribution and Communication
1. Each Party shall provide (28) to authors, performers, and producers of phonograms (29) the exclusive right to:
(a) authorise or prohibit all reproduction of their works, performances, or phonograms in any manner or form, including in electronic form; and
(b) authorise or prohibit the making available to the public of the original and copies (30) of their works, performances and phonograms through sale or other transfer of ownership.
2. Each Party shall provide to authors of literary and artistic works the exclusive right to authorise or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.(31)
Article 12.25. Related Rights
1. Each Party shall accord the rights provided for in this Chapter with respect to performers and producers of phonograms: to the performers and producers of phonograms that are nationals (32) of the other Party; and to performances or phonograms first published or first fixed (33) in the territory of the other Party. (34) A performance or phonogram shall be considered first published in the territory of a Party if it is published in the territory of that Party within 30 days of its first publication.
2. Each Party shall provide to performers the exclusive right to authorise or prohibit:
(a) the broadcasting and communication to the public of their unfixed performances, unless the performance is already a broadcast performance; and
(b) the fixation of their unfixed performances.
3. Each Party shall provide to performers and producers of phonograms the exclusive right to authorise or prohibit the broadcasting or any communication to the public of their performances or phonograms, by wire or wireless means,(35), (36) and the making available to the public of those performances or phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them.
4. Notwithstanding paragraph 3 and Article 12.26 (Limitations and Exceptions), the application of the right referred to in paragraph 3 to analog transmissions and non-interactive free over-the-air broadcasts, and exceptions or limitations to this right for those activities, is a matter of each Party’s law. (37)
Article 12.26. Limitations and Exceptions
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.
Section H. ENFORCEMENT
Article 12.27. 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.
Chapter 13. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 13.1. 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 SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognise that SMEs, including micro enterprises, contribute significantly to economic growth, employment, and innovation, and therefore seek to promote information sharing and cooperation in increasing the ability of SMEs to utilise and benefit from the opportunities created by this Agreement.
3. The Parties acknowledge the provisions of various Chapters in this Agreement that contribute to encouraging and facilitating the participation of SMEs in this Agreement.
4. The Parties recognize the role of the private sector in the SMEs cooperation to be implemented under this Chapter.
Article 13.2. Cooperation
1. The Parties shall strengthen their cooperation under this Chapter, which may include:
(a) promoting cooperation between the Parties’ small business support infrastructure, including dedicated SMEs centres, incubators, and accelerators, export assistance centres, and other centres as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SMEs participation in international trade, as well as business growth in local markets;
(b) strengthening their collaboration on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnership among these SMEs and their participation in international trade;
(c) promoting good regulatory practices and building capacity in formulating regulations, policies, and programmes that contribute to SMEs development;
(d) increasing the participation of SMEs in the halal industry;
(e) exchanging information and best practices in areas including improving SMEs access to capital and credit, SMEs participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions;
(f) encouraging the utilisation of platforms, for business entrepreneurs and counsellors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners in order to contribute to global value chains;
(g) promoting the use of digital trade by SMEs, with due regard to the Parties’ laws and regulations;
(h) encouraging innovation and use of technology; and
(i) promoting awareness, understanding, and effective use of the intellectual property system among SMEs.
Article 13.3. Information Sharing
1. Each Party shall promote the sharing of information related to this Agreement that is relevant to SMEs, including through the establishment and maintenance of a publicly accessible information platform and information exchange to share knowledge, experiences, and best practices between the Parties.
2. The information to be made publicly accessible in accordance with paragraph 1 will include:
(a) the full text of this Agreement;
(b) information on trade and investment-related laws and regulations that the Party considers relevant to SMEs;
(c) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(d) additional business-related information that the Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
3. Each Party shall take reasonable steps to ensure that information referred to in paragraph 2 is accurate and up-to-date.
Article 13.4. Committee on Small and Medium-Sized Enterprises
1. The Parties hereby establish a Committee on Small and Medium- Sized Enterprises under the Joint Committee, which shall comprise representatives of the Parties.
2. A Committee composed of representatives designated by the Parties will be established to formulate, implement, coordinate, and monitor the collaborative activities determined under this Chapter.
3. The members of the Committee shall consist of representatives from the government departments of each Party responsible for SMEs development and, when necessary, SME representatives.
4. The function of Committee is to develop and discuss the possible areas of cooperation agreed upon by the Parties, coordinate and monitor the implementation of action plans for the agreed cooperation based on this Chapter, and consider issues of mutual interest arising from the implementation of this Chapter.
5. The Committee meetings will be held as and when necessary on mutually agreed dates in the Indonesia and UAE.
6. The Committee shall report periodically to the respective Ministers in each Party who are responsible for SMEs development.
Article 13.5. Contact Points
Each Party shall, within 30 days of the date of entry into force of this Agreement for that Party, designate one or more contact points to facilitate cooperation and information sharing under this Chapter and notify the other Party of the contact details of that contact point or those contact points. Each Party shall notify the other Party of any changes to those contact details.
Chapter 14. ISLAMIC ECONOMY
Article 14.1. Definitions
For the purposes of this Chapter:
(a) Halal means permissible in accordance with Islamic rules and principles; and
(b) Islamic economy means economic activities and processes, including, inter alia, securing, producing, trading, disseminating, and financing of goods and services that are in accordance with Islamic rules and principles.
Article 14.2. Context, Objective, and Scope
1. This Agreement recognizes that both parties reserve the right to supervise their respective Islamic economic sectors in accordance with their respective national interests and governing laws and regulations, consistent with the rights and obligations of both Parties under this Agreement.
2. The Parties agree to promote current and future sectors of the Islamic economy.
3. The Parties recognize that all sectors of the Islamic economy are interdependent and mutually reinforce the growth, promotion, and development of the industry. Both Parties recognize that promoting the development of the Islamic economy can be an engine for sustainable economic growth and economic diversification.
4. This Chapter is based on the principles of mutual cooperation, and the Parties’ common values and interests, considering the differences in their level of development as appropriate.
5. The Parties shall endeavour to expand bilateral trade volumes, knowledge transfer, and investment in the Islamic economy to achieve desired outcomes and fully tap the market potential of the Islamic economy.
6. Unless otherwise provided for in this Chapter, this Chapter applies to all aspects of Islamic economy in all its dimensions.