3. Each Party may provide a right holder of industrial design with opportunities to make amendments or corrections after registration, provided that such amendments or corrections do not change or expand the scope of the industrial design as a whole, in accordance with each Party’s laws and regulations. (10)
Article 11.35. Industrial Design Protection
1. The Parties shall ensure that the requirements for securing or enforcing registered industrial design protection do not unreasonably impair the opportunity to obtain or enforce such protection.
2. The duration of protection available for registered industrial designs shall amount to at least 15 years from the date of filing.
Article 11.36. Exceptions
A Party may provide limited exceptions to the exclusive rights conferred by an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of the industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties.
Section H. Copyright and Related Rights
Article 11.37. Definitions
For the purposes of Articles 11.38 and 11.40 through 11.48, with respect to performers and producers of phonograms:
broadcasting means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission, by satellite is also “broadcasting”; the transmission of encrypted signals is broadcasting if the means for decrypting are provided to the public by the broadcasting organisation or with its consent;
communication to the public of a performance or a phonogram means the transmission to the public by any medium, other than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram;
fixation means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced, or communicated through a device;
performance means a performance fixed in a phonogram unless otherwise specified;
performers means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore;
phonogram means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audio-visual work;
producer of a phonogram means a person that takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;
publication of a performance or phonogram means the offering of copies of the performance or the phonogram to the public, with the consent of the right holder, provided that such copies are offered to the public in a reasonable quantity, and
right to authorise or prohibit refers to exclusive rights with respect to copyright and related rights.
Article 11.38. Right of Reproduction
Each Party shall provide (11) to authors, performers and producers of phonograms (12) the exclusive right to authorise or prohibit all reproduction of their works, performances or phonograms in any manner or form, including in electronic form.
Article 11.39. Right of Communication to the Public
Without prejudice to Article 11(1)(ii), Article 11bis(1)(i) and (ii), Article 11ter(1)(ii), Article 14(1)(ii), and Article 14bis(1) of the Berne Convention, each Party shall provide to authors 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.(13)
Article 11.40. Right of Distribution
Each Party shall provide to authors, performers and producers of phonograms the exclusive right to authorise or prohibit the making available to the public of the original and copies (14) of their works, performances and phonograms through sale or other transfer of ownership.
Article 11.41. Related Rights
1. Each Party shall accord the rights provided for in this Chapter with respect to performers and producers of phonograms to:
(a) performers and producers of phonograms that are nationals (15) of the other Party, and
(b) performances or phonograms first published or first fixed (16) in the territory of the other Party. (17) 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 original 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,(18),(19) 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 subparagraph 2(a) and Article 11.43, the application of the right referred to in subparagraph 2(a) 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. (20)
Article 11.42. Term of Protection for Copyright and Related Rights
Each Party shall provide that in cases in which the term of protection of a work, performance or phonogram is to be calculated: (21)
(a) on the basis of the life of a natural person, the term shall be not less than the life of the author and at least 50 years after the author’s death, (22) and
(b) on a basis other than the life of a natural person, the term shall be:
(i) not less than 50 years from the end of the calendar year of the first authorised publication (23) of the work, performance or phonogram, or
(ii) for anonymous and pseudonymous works including performance or phonogram, at least 50 years as of the beginning of the calendar year subsequent to the year in which such works have been first published or created.
Article 11.43. Limitations and Exceptions
1. 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. Paragraph 1 is without prejudice to limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT.
Article 11.44. Balance In Copyright and Related Rights Systems
Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among others, by means of limitations or exceptions that are consistent with Article 11.43, including those for the digital environment, giving due consideration to legitimate purposes such as 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. (24), (25)
Article 11.45. Contractual Transfers
Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (26) 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. (27)
Article 11.46. Obligations Concerning Technological Protection Measures
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 under this Section and that restrict acts, in respect of their works, performances, or phonograms, which are not authorised by the authors, the performers, or the producers of phonograms concerned or permitted by the laws and regulations of that Party.
Article 11.47. Obligations Concerning Rights Management Information
1. Each Party shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts, knowing or, with respect to civil remedies, having reasonable grounds to know, that it shall induce, enable, facilitate or conceal an infringement of any right or related right under this Section:
(a) to remove or alter any electronic rights management information without authority, and
(b) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.
2. For the purposes of this Article, “rights management information” means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work or appears in connection with the communication of a work to the public.
Article 11.48. 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 I. Enforcement
Article 11.49. 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 11.50. Border Measures
1. Each Party shall, in conformity with its laws 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 its territory in accordance with its laws and regulations.
Chapter 12. INVESTMENT PROMOTION
Article 12.1. Scope
The Parties affirm their desire to promote an attractive investment climate with the aim of expanding trade in goods and services to foster sustainable development. The Parties shall take appropriate measures to encourage the flow of mutual investment between them and to secure favourable conditions for economic diversification and sustainable development.
Article 12.2. Objectives
The objectives of this Chapter are to:
(a) promote and enhance the flow of mutual investment between the Parties with the aim of contributing to economic diversification and sustainable development;
(b) monitor investment relations, to identify opportunities for expanding investment in a sustainable manner, and to identify issues relevant to investment that may be appropriate for negotiation in an appropriate forum;
(c) hold consultations on specific investment matters of interest to the Parties;
(d) work toward the enhancement of investment flows;
(e) identify obstacles to investment flows, and
(f) seek views of the private sector, among other actors, where appropriate, on matters related to the work of the UAE-Chile Council on Investment Promotion referred to in Article 12.3.
Article 12.3. Council on Investment Promotion
1. In order to pursue the objectives of this Chapter, the Parties hereby establish the Chile-UAE Council on Investment Promotion (“Council”), which shall be composed of representatives of the Parties. (1) It shall be chaired by:
(a) for Chile, the Undersecretariat of International Economic Relations, and
(b) for the UAE, the Ministry of Finance.
2. The Council may establish working groups as the Parties deem necessary.
Article 12.4. Role of the Council
The Council shall meet at such times and venues as agreed by the Parties, but the Parties shall endeavour to meet no less than once per year. A Party may refer a specific investment matter to the Council by delivering a written request to the other Party that includes a description of the matter concerned. The Council shall take up the matter promptly after the request is delivered unless the requesting Party decides to postpone the discussion of the matter.
Article 12.5. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 13. GLOBAL VALUE CHAINS
Article 13.1. General Provisions
1. The Parties acknowledge the importance of Global Value Chains (“GVCs”), as a means to modernize and broaden the bilateral economic relation between the Parties, and the relevance of the benefits of that economic relation of both Parties.
2. The Parties acknowledge that international trade and investment are engines of economic growth and must facilitate their companies’ internationalization and insertion into GVCs.
3. The Parties affirm the relevance of micro, small and medium-sized enterprises (“MSMEs”) in their productive structure and their impact on employment, and recognize that their adequate insertion into GVCs contributes to a better allocation of resources and the economic benefits derived from international trade, including the diversification and enhancing of value added in exports.
4. The Parties acknowledge the importance of the participation of the private sector as well as the entrepreneurial community as fundamental actors within GVCs, and the relevance of creating an adequate environment for the implementation of public policies and efficient business management.
5. The Parties recognize the importance of the services sector, especially those services associated to GVCs, in trade integration.
6. Each Party shall domestically promote public knowledge of its laws, regulations, policies, and practices relating to regional integration and GVCs.
7. The Parties recognize the importance of the development of GVCs for a greater level of productive integration, including aspects such as accumulation of origin, e-commerce, industry 4.0, investment, among others.
Article 13.2. Economic Cooperation Activities
1. The Parties shall carry out economic cooperation activities of mutual interest on issues and topics agreed by the Parties, through the interaction of their respective government institutions, companies, especially MSMEs, academic and research organizations, other non-governmental organizations, and their representatives, as appropriate. Such activities may include:
(a) developing public-private strategies to identify opportunities, such as economic sectors with potential for insertion into GVCs and the development of productive linkages, as well as direct investment opportunities related to GVCs projects;
(b) designing programs to identify the attributes that MSMEs should develop in order to achieve their insertion into GVCs;
(c) proposing joint action with the corresponding government agencies to promote the formation of GVCs, including joint proposals to support policies of insertion of Parties’ companies into regional and global service chains;
(d) promoting greater access to information regarding the opportunities that GVCs offer to MSMEs;
(e) sharing methods and procedures for the collection of information, the use of indicators, and the analysis of trade statistics;
(f) identifying the principal factors that contribute to the promotion of productive linkages, as well as the main barriers that affect their formation;
(g) identifying opportunities at a company level, as well as sector or productive activities for the generation of productive linkages and potential investment projects;
(h) examining the feasibility and the trade generation potential of accumulation models for rules of origin;
(i) assessing how GVCs the companies of the Parties are taking advantage of the provisions of this Agreement;
(j) sharing their respective experiences in designing, implementing, strengthening and monitoring policies and programs to encourage the participation of companies, especially MSMEs, in GVCs, and
(k) other activities agreed by the Parties.
2. The Parties may undertake economic cooperation activities previously agreed upon in the areas identified in paragraph 1, through:
(a) workshops, seminars, dialogues and other fora for exchanging knowledge, experiences and best practices;
(b) the creation of an Experts Network on GVCs;
(c) internships, visits and research studies to document and study policies and practices;
(d) collaborative research and development of best practices in subject matters of mutual interest;
(e) specific exchanges of specialized technical knowledge and technical assistance, as appropriate, and
(f) other activities as agreed by the Parties.
3. The priorities for economic cooperation activities shall be agreed by the Parties based on their interests and available resources.
Article 13.3. Subcommittee on Global Value Chains
The Parties hereby establish a Subcommittee on Global Value Chains (“Subcommittee”), composed of government representatives of each Party. The Subcommittee shall:
(a) determine, organise, coordinate and facilitate the cooperation activities under this Chapter;
(b) report or make recommendations to the Joint Committee on any matter related to this Chapter;
(c) within two years of its first meeting, provide to the Joint Committee a comprehensive review of the implementation of this Chapter, and
(d) carry out any other activities requested by the Joint Committee.
Article 13.4. Contact Points
1. To facilitate communication between the Parties regarding the implementation of this Chapter, each Party designates the following contact point:
(a) for Chile, the Undersecretariat of International Economic Relations or its successor, and
(b) for the UAE, the Foreign Trade Sector at the Ministry of Economy, or its successor.
2. Each Party shall promptly notify the other Party if there is any change in its designated contact point.
Article 13.5. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 18 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 14. TRADE AND WOMEN’S ECONOMIC EMPOWERMENT
Article 14.1. Context
1. The Parties recognize the important contribution of women in driving sustained, inclusive, resilient, and sustainable economic growth, in line with the Declaration, “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted at the United Nations Summit for the Adoption of the Post-2015 Development Agenda, at New York on 25 September 2015, in particular, Sustainable Development Goal 5.
2. The Parties shall endeavour to effectively implement and enforce their respective laws, regulations, policies, and practices that promote women’s equal access to trade and economic opportunities.