Chile - United Arab Emirates CEPA (2024) - Electronic Database of Investment Treaties (EDIT)

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Chile - United Arab Emirates CEPA (2024)

(c) provide an opportunity for interested parties to seek cancellation or invalidation of a registered industrial design, and in addition, may provide an opportunity for interested parties to oppose the registration of industrial design in accordance with its laws and regulations, and

(d) make decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing; these decisions may be delivered by electronic means.

Article 11.34. Amendments, Corrections and Observations

1. Each Party shall provide an applicant for industrial design with at least one opportunity to make amendments, corrections or observations in connection with its application. (9)

(9) A Party may provide that such amendments do not go beyond the scope of the disclosure of the industrial design, as of the date of filing.

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)

(10) It is understood that the amendments or corrections which do not change or expand the scope of the right means that the scope of the industrial design stays the same as before or reduced.

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.

(11) For greater certainty, the Parties understand that it is a matter for each Party’s law to prescribe that works, performances or phonograms in general or any specified categories of works, performances and phonograms are not protected by copyright or related rights, unless the work, performance or phonogram has been fixed in some material form.

(12) References to “authors, performers, and producers of phonograms” refer also to any of their successors in interest.

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)

(13) The Parties understand that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Chapter or the Berne Convention. The Parties further understand that nothing in this Article precludes a Party from applying Article 11bis(2) of the Berne Convention.

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.

(14) The expressions “copies” and “original and copies”, that are subject to the right of distribution in this Article, refer exclusively to fixed copies that can be put into circulation as tangible objects.

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

(15) For the purposes of determining the criteria for eligibility under this Article with respect to performers, a Party may treat “nationals” as those who would meet the criteria for eligibility under Article 3 of the WPPT.

(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.

(16) For the purposes of this Article, fixation means the finalisation of the master tape or its equivalent.

(17) For greater certainty, in this paragraph with respect to performances or phonograms first published or first fixed in the territory of a Party, a Party may apply the criterion of publication, or alternatively, the criterion of fixation, or both. For greater certainty, consistent with Article 11.7, each Party shall accord to performances and phonograms first published or first fixed in the territory of the other Party treatment no less favourable than it accords to performances or phonograms first published or first fixed in its own territory.

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.

(18) With respect to broadcasting and communication to the public, a Party may satisfy the obligation by applying Article 15(1) and Article 15(4) of the WPPT and may also apply Article 15(2) of the WPPT, provided that it is done in a manner consistent with that Party’s obligations under Article 11.7.

(19) For greater certainty, the obligation under this paragraph does not include broadcasting or communication to the public, by wire or wireless means, of the sounds or representations of sounds fixed in a phonogram that are incorporated in a cinematographic or other audio-visual work.

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)

(20) For the purposes of this paragraph, the Parties understand that a Party may provide for the retransmission of non-interactive, free over-the-air broadcasts, provided that these retransmissions are lawfully permitted by that Party’s government communications authority; any entity engaging in these retransmissions complies with the relevant rules, orders or regulations of that authority, and these retransmissions do not include those delivered and accessed over the Internet. For greater certainty, this understanding does not limit a Party’s ability to avail itself of this paragraph.

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.

(21) For greater certainty, in implementing this Article, nothing prevents a Party from promoting certainty for the legitimate use and exploitation of a work, performance or phonogram during its term of protection, consistent with Article 11.43 and that Party’s international obligations.

(22) The Parties understand that if a Party provides its nationals a term of copyright protection that exceeds life of the author plus 50 years, nothing in this Article or Article 11.7 shall preclude that Party from applying Article 7(8) of the Berne Convention with respect to the term in excess of the term provided in this subparagraph of protection for works of another Party.

(23) For greater certainty, for the purposes of paragraph (b), if a Party’s law provides for the calculation of term from fixation rather than from the first authorised publication, that Party may continue to calculate the term from fixation.

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)

(24) As recognised by the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh, 27 June 2013 (“Marrakesh Treaty”).

(25) For greater certainty, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article 11.43.

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:

(26) For greater certainty, this provision does not affect the exercise of moral rights.

(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)

(27) Nothing in this Article affects a Party’s ability to establish: (a) which specific contracts underlying the creation of works, performances or phonograms shall, in the absence of a written agreement, result in a transfer of economic rights by operation of law, and (b) reasonable limits to protect the interests of the original right holders, taking into account the legitimate interests of the transferees.

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;

(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.

(1) Future changes regarding the composition of the Council shall be notified to the Joint Commission.

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;

(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