Costa Rica - United Arab Emirates CEPA (2024)
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(i) enforcement of intellectual property rights; and

(j) other activities and initiatives as may be mutually determined between the Parties.

Section C. Trademarks

Article 12.12. Types of Signs Registrable as Trademarks

1. The Parties shall grant adequate and effective protection to trademark right holders of goods and services.

2. Each Party shall provide that trademarks shall include collective, certification, and sound marks, and may include scent marks.

3. Each Party shall provide that the owner of a registered trademark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs goods or services that are identical or similar 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. The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of Parties making rights available on the basis of use.

4. A Party may require a concise and accurate description, or graphical representation, or both, as applicable, of the trademark.

Article 12.13. 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. The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of Parties making rights available on the basis of use.

Article 12.14. 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.

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, (1) 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 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 (2), for identical or similar goods or services, if the use of that trademark is likely to cause confusion or to mislead or to deceive or risk associating the trademark with the prior well-known trademark or constitutes unfair exploitation of the reputation of the well-known trademark. A Party may also provide such measures including in cases in which the subsequent trademark is likely to deceive.

(1) In determining whether a trademark is well-known in a Party, that Party need not require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services.
(2) The Parties understand that a well-known trademark is one that was already well-known before, as determined by a Party, the application for, registration of or use of the first-mentioned trademark.

Article 12.16. Registration and Examination of Trademarks

Each Party shall provide a system for the examination and registration of trademarks which includes among other things:

(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register a trademark;

(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register a trademark;

(c) providing an opportunity to oppose the registration of a trademark or to seck cancellation of a trademark; and

(d) requiring administrative decisions in opposition and cancellation proceedings to be reasoned and in writing, which may be provided by electronic means.

Article 12.17. Electronic Trademarks System

Each Party shall provide:

(a) a system for the electronic application for, and maintenance of, trademarks; and

(b) a publicly available electronic information system, including an online database, of trademark applications and of registered trademarks.

Article 12.18. Classification of Goods and Services

Each Party shall adopt or 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, June 15, 1957, as revised and amended (Nice Classification). Each Party shall provide that:

(a) registrations and the publications of applications indicate the goods and services by their names, grouped according to the classes established by the Nice Classification; (3) and

(b) goods or services may not be considered as being similar to each other on the ground that, in any registration or publication, they are classified in the same class of the Nice Classification. Conversely, each Party shall provide that goods or services may not be considered as being dissimilar from each other on the ground that, in any registration or publication, they are classified in different classes of the Nice Classification.

(3) A Party that relies on translations of the Nice Classification shall follow updated versions of the Nice Classification to the extent that official translations have been issued and published.

Article 12.19. 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 12.20. Non-Recordal of a License

No Party shall require recordal of trademark licenses:

(a) to establish the validity of the license; or

(b) as a condition for use of a trademark by a licensee to be deemed to constitute use by the holder in a proceeding that relates to the acquisition, maintenance or enforcement of trademarks.

Article 12.21. Domain Names

In connection with each Party's system for the management of its country-code Top-Level Domain (ccTLD) domain names, the following shall be available:

(a) an appropriate procedure for the settlement of disputes, based on, or modelled along the same lines as, the principles established in the Uniform Domain- Name Dispute-Resolution Policy, as approved by the Internet Corporation for Assigned Names and Numbers (ICANN) or that:

(i) is designed to resolve disputes expeditiously and at low cost;

(ii) is fair and equitable;

(iii) is not overly burdensome; and

(iv) does not preclude resort to judicial proceedings; and

(b) online public access to a reliable and accurate database of contact information concerning domain name registrants, in accordance with each Party's law and,

if applicable, relevant administrator policies regarding the protection of privacy and personal data.

Section D. Country Names

Article 12.22. 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 12.23. Protection of Geographical Indications (4)

(4) For greater certainty, protection of Geographical Indications collectively means protection by registration or recognition.

1. Geographical indication means an indication that identifies a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

2. The Parties reaffirm that geographical indications may be protected through a trademark or sui generis system or other legal means.

3. Geographical indications, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement, protected in the United Arabs Emirates, will be protected as geographical indications in the territory of Costa Rica, once they have followed domestic registration procedures.

4. Geographical indications, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement, protected in Costa Rica, will be protected as geographical indications in the territory of United Arabs Emirates, once they have followed domestic registration procedures.

Article 12.24. Administrative Procedures for the Protection of Geographical Indications

Parties shall provide administrative procedures for the registration or recognition of geographical indications through a trademark or a sui generis system. The Parties shall, with respect to applications for that registration or requests for the recognition, ensure that its laws and regulations governing the filing of those applications or requests are readily available to the public and clearly set out the procedures for these actions.

Article 12.25. Date of Protection of a Geographical Indication

If a Party grants protection to a geographical indication, the protection shall commence no earlier than the filing date (5) or the registration date in either of Parties according to the national laws and regulations of each Party.

(5) For greater certainty, the filing date referred to in this Article includes, as applicable, the priority filing date under the Paris Convention.

Section F. Patent and Industrial Design

Article 12.26. Patentable Subject Matter

1. Each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that they are new, involve an inventive step, and are capable of industrial application. The Parties may exclude from patentability inventions, the prevention within its territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by its law.

2. The Parties may also exclude from patentability:

(a) diagnostic, therapeutic, and surgical methods for the treatment of humans or animals; and

(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.

Article 12.27. Grace Period

1. Each Party shall disregard information contained in public disclosure of an invention related to an application to register a patent (6) if the public disclosure:

(6) For greater certainty, patent may include utility model in accordance with the respective national law and regulations.

(a) was made by the inventor, applicant or a person that obtained the information from the inventor or applicant inside or outside the territory of each Party; and

(b) occurred within at least 12 months prior to the date of filing of the application or priority date as applicable.

2. Each Party shall disregard information contained in public disclosure of a design related to an application to register an industrial design if the public disclosure:

(a) was made by the designer, applicant or a person that obtained the information from the designer or applicant inside or outside the territory of each Party; and

(b) occurred within at least 12 months prior to the date of filing of the application or priority date as applicable.

Article 12.28. Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent and Industrial Design

Each Party shall provide a system for the examination and registration of patents or industrial designs which includes among other things:

(a) communicating to the applicant in writing, which may be by electronic means, the reasons for any refusal to register patent or industrial design;

(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register patent or industrial design;

(c) providing an opportunity for interested parties to seek cancellation or invalidation of a registered patent or industrial design, and in addition may provide an opportunity for interested parties to oppose the registration of patent or industrial design; and

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

Article 12.29. Amendments, Corrections, and Observations

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

2. Each Party shall provide a right holder of patent or 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 patent or industrial design right as a whole. (7)

(7) It is understood that an amendment or correction does not change or expand the scope of the right where the scope of the patent or industrial design right stays the same as before or is reduced.

Article 12.30. Industrial Design Protection

1. The Parties shall ensure that 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 10 years from the date of filing.

Article 12.31. Exceptions

A Party may provide limited exceptions to the exclusive rights conferred by a patent or an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent or an industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking account of the legitimate interests of third parties.

Section G. Copyright and Related Rights

Article 12.32. Protection Granted (8)

The Parties shall comply with the following Agreements: (8)

(8) This Article applies without prejudice to the reservations that a Party has made under one or more agreements referred to in Article 12.32.

(a) the Berne Convention for the Protection of Literary and Artistic Works (1971) (the Berne Convention);

(b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961) (the Rome Convention);

(c) the WIPO Copyright Treaty (1996); and

(d) the WIPO Performances and Phonograms Treaty (1996).

Article 12.33. Right of Reproduction

Each Party shall provide that authors, performers, producers of phonograms have the right to authorize or prohibit (9) all reproductions of their works, performances (10), phonograms, and broadcasts in any manner or form, permanent or temporary (including temporary storage in electronic form).

(9) With respect to copyrights and related rights, the "right to authorize or prohibit" for the purposes of this Chapter refers to exclusive rights.
(10) With respect to copyright and related rights, a performance for purposes of this Chapter means a performance fixed in a phonogram unless otherwise specified.

Article 12.34. Right of Distribution

Each Party shall provide to authors, performers, and producers of phonograms the right to authorize or prohibit the making available to the public of the original and copies (11) of their works, performances, and phonograms through sale or other transfer of ownership.

(11) As used in Article 12.34, "copies" and "original and copies", being subject to the right of distribution in this Article, refer exclusively to fixed copies that can be put into circulation as tangible objects.

Article 12.35. 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:

(a) on the basis of the life of a natural person, the term shall be not less than the life of the author and 50 years after the author's death;

(b) the term of protection to be granted to performers under the Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed;

(c) the term of protection to be granted to producers of phonograms and of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram and videogram was published or failing such publication within 50 years from fixation of the phonogram and videogram, 50 years from the end of the year in which the fixation was made; and

(d) the term of protection to be granted to broadcasting organizations under this Agreement shall last, at least, until the end of a period of 20 years computed from the end of the year in which the broadcast took place.

Article 12.36. Limitations and Exceptions

1. With respect to this Section, each Party shall confine limitations or exceptions to exclusive rights to certain special cases that do not conflict with a normal exploitation of the work, performance or phonogram, and do not unreasonably prejudice the legitimate interests of the right holder.

2. This Article does not reduce or extend the scope of applicability of the limitations and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WCT or the WPPT.

Article 12.37. Balance In Copyright and Related Rights Systems

Each Party shall endeavour to achieve an appropriate balance in its copyright and related rights system, among other things by means of limitations or exceptions that are consistent with Article 12.36, including those for the digital environment, giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled. (12) (13)

(12) 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, June 27, 2013 (Marrakesh Treaty).
(13) For greater certainty, a use that has commercial aspects may in appropriate circumstances be considered to have a legitimate purpose under Article 12.36.

Article 12.38. Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement

Each Party shall apply Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement, mutatis mutandis, to the subject matter, rights, and obligations in this Section.

Article 12.39. No Formality

No Party may subject the enjoyment and exercise of the rights of authors, performers and producers of phonograms provided for in this Chapter to any formality.

Article 12.40. Contractual Transfers

Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (14) in a work, performance or phonogram:

(14) 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. (15)

(15) Nothing in this Article affects a Party's ability to establish: (i) 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 (ii) reasonable limits to protect the interests of the original right holders, taking into account the legitimate interests of the transferees.

Article 12.41. Obligations Concerning Protection of Technological Measures and Rights Management Information

1. Each Party shall provide adequate and effective legal remedies against any person who knowingly, without authorisation removes or alter any electronic rights management information and/or 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, the expression "rights management information" means any information provided by a right holder that identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph 1 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter that is the object of protection under this Chapter.

Article 12.41. Collective Management

The Parties recognise the role of collective management societies for copyright and related rights in collecting and distributing royalties based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.

Section H. Enforcement

Article 12.42. 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 12.43. Border Measures

1. Each Party shall, in conformity with its law and regulations and the provisions of Part If, 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 II, Section 4 of the TRIPS Agreement are met. A Party may also provide for corresponding procedures concerning the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory as per its domestic laws and regulation.

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 (hereinafter referred to as "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 recognize the integral role of the private sector in the SME cooperation to be implemented under this Chapter.

Article 13.2. Cooperation to Increase Trade and Investment Opportunities for SMEs

With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities, including:

(a) promote cooperation between the Parties' small business support infrastructure, including dedicated SME centers, incubators and accelerators, export assistance centers, and other centers as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;

(b) strengthen its collaboration with the other Parties 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) enhance its cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Geographical Scope 1
  • Article   1.4 Relation to other Agreements 1
  • Article   1.5 Extent of Obligations 1
  • Article   1.6 Transparency 1
  • Article   1.7 Confidential Information and Notification and Provision of Information 1
  • Section   B General Definitions 1
  • Article   1.8 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment on Internal Taxation and Regulation 1
  • Article   2.4 Elimination of Customs Duties 1
  • Article   2.5 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.6 Classification of Goods and Transposition of Schedules 1
  • Article   2.7 Import and Export Restrictions 1
  • Article   2.8 Import Licensing 1
  • Article   2.9 Customs Valuation 1
  • Article   2.10 Export Subsidies 1
  • Article   2.11 Restrictions to Safeguard the Balance-of-Payments 1
  • Article   2.12 Administrative Fees and Formalities 1
  • Article   2.13 Non-Tariff Measures 1
  • Article   2.14 State Trading Enterprises 1
  • Article   2.15 Temporary Admission of Goods 1
  • Article   2.16 Goods Re-Entered after Repair or Alteration 1
  • Article   2.17 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   2.18 Subcommittee on Trade In Goods 2
  • Chapter   3 RULES OF ORIGIN 2
  • Article   3.1 Definitions 2
  • Section   A Origin Determination 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Wholly Obtained or Produced Goods 2
  • Article   3.4 Sufficient Working or Processing 2
  • Article   3.5 Intermediate Materials 2
  • Article   3.6 Accumulation 2
  • Article   3.7 Tolerance (De Minimis) 2
  • Article   3.8 Insufficient Working or Processing 2
  • Article   3.9 Indirect Materials 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Packing Materials and Containers for Transportation and Shipment 2
  • Article   3.13 Fungible Goods and Materials 2
  • Article   3.14 Sets of Goods 2
  • Section   B Territorial Requirements 2
  • Article   3.15 Principle of Territoriality 2
  • Article   3.16 Transit and Transshipment 2
  • Article   3.17 Free Zones 2
  • Article   3.18 Third Party Invoicing 2
  • Section   C Origin Certification 3
  • Article   3.19 Proof of Origin 3
  • Article   3.20 Certificate of Origin 3
  • Article   3.21 Electronic Data Origin Exchange System 3
  • Article   3.22 Origin Declaration 3
  • Article   3.23 Procedure for the Issuance of a Certificate of Origin 3
  • Article   3.24 Certificate of Origin Issued Retrospectively 3
  • Article   3.25 Transitional Provisions for Goods In Transit or Storage 3
  • Article   3.26 Duplicate Certificate of Origin 3
  • Article   3.27 Importation by Instalments 3
  • Article   3.28 Treatment of Minor Discrepancies and Formal Errors 3
  • Article   3.29 Exceptions of Obligation of Submitting the Proof of Origin 3
  • Article   3.30 Post-Importation Claim for Preferential Tariff Treatment 3
  • Section   D Cooperation and Verification 3
  • Article   3.31 Denial of Preferential Tariff Treatment 3
  • Article   3.32 Verification of Proofs of Origin 3
  • Article   3.33 Record Keeping Requirement 3
  • Article   3.34 Confidentiality 3
  • Article   3.35 Contact Points 3
  • Article   3.36 Mutual Assistance 3
  • Article   3.37 Subcommittee on Rules of Origin 3
  • Article   3.38 Annexes 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Definitions 3
  • Article   4.2 Scope 3
  • Article   4.3 General Provisions 3
  • Article   4.4 Publication and Availability of Information 3
  • Article   4.5 Risk Management 3
  • Article   4.6 Paperless Communications 3
  • Article   4.7 Advance Rulings 4
  • Article   4.8 Penalties 4
  • Article   4.9 Release of Goods 4
  • Article   4.10 Authorized Economic Operators 4
  • Article   4.11 Border Agency Cooperation 4
  • Article   4.12 Expedited Shipments 4
  • Article   4.13 Review and Appeal 4
  • Article   4.14 Customs Cooperation 4
  • Article   4.15 Confidentiality 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 Definitions 4
  • Article   5.2 Objectives 4
  • Article   5.3 Scope 4
  • Article   5.4 General Provisions 4
  • Article   5.5 Contact Points and Competent Authorities 4
  • Article   5.6 Technical Consultations 4
  • Article   5.7 Equivalence 4
  • Article   5.8 Emergency Measures 4
  • Article   5.9 Transparency and Exchange of Information 4
  • Article   5.10 Cooperation 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.4 Affirmation and Incorporation of the TBT Agreement 4
  • Article   6.5 International Standards 4
  • Article   6.6 Technical Regulations 4
  • Article   6.7 Conformity Assessment Procedures 4
  • Article   6.8 Cooperation 4
  • Article   6.9 Transparency 5
  • Article   6.10 Contact Points 5
  • Article   6.11 Information Exchange and Technical Discussions 5
  • Article   6.12 Subcommittee on Technical Barriers to Trade and on Sanitary and Phytosanitary Matters 5
  • Chapter   7 TRADE REMEDIES 5
  • Article   7.1 Scope 5
  • Article   7.2 Competent Authorities 5
  • Article   7.3 Anti-Dumping and Countervailing Measures 5
  • Article   7.4 Transitional Safeguard Measures 5
  • Article   7.5 Global Safeguard Measures 5
  • Article   7.6 Cooperation on Trade Remedies 5
  • Chapter   8 INVESTMENT 5
  • Article   8.1 UAE-Costa Rica Bilateral Investment Agreement 5
  • Article   8.2 Promotion of Investment 5
  • Article   8.3 Technical Council on Investment 5
  • Article   8.4 Objectives of the Council 5
  • Article   8.5 Rules of Working Procedures of the Council 5
  • Article   8.6 Non-Application of Dispute Settlement Mechanisms 5
  • Chapter   9 TRADE IN SERVICES 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope and Coverage (3) 6
  • Article   9.3 Schedules of Specific Commitments 6
  • Article   9.4 Most-Favoured Nation Treatment (5) 6
  • Article   9.5 Market Access 6
  • Article   9.6 National Treatment 6
  • Article   9.7 Additional Commitments 6
  • Article   9.8 Modification of Schedules 6
  • Article   9.9 Domestic Regulation: 6
  • Article   9.10 Recognition 6
  • Article   9.11 Payments and Transfers 6
  • Article   9.12 Restrictions to Safeguard the Balance-of-Payments 6
  • Article   9.13 Denial of Benefits 6
  • Article   9.14 Review 6
  • Article   9.15 Subcommittee on Trade In Services 6
  • Article   9.16 Annexes 6
  • ANNEX 9D  SUBCOMMITTEE ON TRADE IN SERVICES 6
  • ANNEX 9E  FINANCIAL SERVICES 6
  • Chapter   10 DIGITAL TRADE 7
  • Article   10.1 Definitions 7
  • Article   10.2 Objectives 7
  • Article   10.3 General Provisions 7
  • Article   10.4 Customs Duties 7
  • Article   10.5 Non-Discriminatory Treatment of Digital Products 7
  • Article   10.6 Domestic Electronic Transactions Framework 7
  • Article   10.7 Authentication and Digital Signature 7
  • Article   10.8 Paperless Trading 7
  • Article   10.9 Online Consumer Protection 7
  • Article   10.10 Personal Data Protection 7
  • Article   10.11 Principles on Access to and Use of the Internet for Digital Trade 7
  • Article   10.12 Unsolicited Commercial Electronic Messages 7
  • Article   10.13 Cross-Border Flow of Information 7
  • Article   10.14 Open Government Data 7
  • Article   10.15 Cooperation 7
  • Chapter   11 GOVERNMENT PROCUREMENT 7
  • Article   11.1 Definitions 7
  • Article   11.2 General 7
  • Article   11.3 Scope Application of Chapter 7
  • Article   11.4 Exceptions 8
  • Article   11.5 General Principles 8
  • Article   11.6 Publication of Procurement Information 8
  • Article   11.7 Notices of Intended Procurement 8
  • Article   11.8 Conditions for Participation 8
  • Article   11.9 Qualification of Suppliers 8
  • Article   11.10 Limited Tendering 8
  • Article   11.11 Negotiations 8
  • Article   11.12 Technical Specifications 8
  • Article   11.13 Tender Documentation 9
  • Article   11.14 Time Periods 9
  • Article   11.15 Treatment of Tenders and Awarding of Contracts 9
  • Article   11.16 Transparency and Post-Award Information 9
  • Article   11.17 Disclosure of Information 9
  • Article   11.18 Ensuring Integrity In Procurement Practices 9
  • Article   11.19 Domestic Review 9
  • Article   11.20 Facilitation of Participation by SMEs 9
  • Article   11.21 Financial Obligations 9
  • Article   11.22 Language 9
  • Article   11.23 Annex 9
  • Chapter   12 INTELLECTUAL PROPERTY 9
  • Section   A General Provisions 9
  • Article   12.1 Definition 9
  • Article   12.2 Objectives 9
  • Article   12.3 Principles 9
  • Article   12.4 Nature and Scope of Obligations 9
  • Article   12.5 International Agreements 9
  • Article   12.6 Intellectual Property and Public Health 9
  • Article   12.7 National Treatment 9
  • Article   12.8 Transparency 9
  • Article   12.9 Application of Chapter to Existing Subject Matter and Prior Acts 9
  • Article   12.10 Exhaustion of Intellectual Property Rights 9
  • Section   B Cooperation 9
  • Article   12.11 Cooperation Activities and Initiatives 9
  • Section   C Trademarks 10
  • Article   12.12 Types of Signs Registrable as Trademarks 10
  • Article   12.13 Use of Identical or Similar Signs 10
  • Article   12.14 Exceptions 10
  • Article   12.15 Well-Known Trademarks 10
  • Article   12.16 Registration and Examination of Trademarks 10
  • Article   12.17 Electronic Trademarks System 10
  • Article   12.18 Classification of Goods and Services 10
  • Article   12.19 Term of Protection for Trademarks 10
  • Article   12.20 Non-Recordal of a License 10
  • Article   12.21 Domain Names 10
  • Section   D Country Names 10
  • Article   12.22 Country Names 10
  • Section   E Geographical Indications 10
  • Article   12.23 Protection of Geographical Indications (4) 10
  • Article   12.24 Administrative Procedures for the Protection of Geographical Indications 10
  • Article   12.25 Date of Protection of a Geographical Indication 10
  • Section   F Patent and Industrial Design 10
  • Article   12.26 Patentable Subject Matter 10
  • Article   12.27 Grace Period 10
  • Article   12.28 Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patent and Industrial Design 10
  • Article   12.29 Amendments, Corrections, and Observations 10
  • Article   12.30 Industrial Design Protection 10
  • Article   12.31 Exceptions 10
  • Section   G Copyright and Related Rights 10
  • Article   12.32 Protection Granted (8) 10
  • Article   12.33 Right of Reproduction 10
  • Article   12.34 Right of Distribution 10
  • Article   12.35 Term of Protection for Copyright and Related Rights 10
  • Article   12.36 Limitations and Exceptions 10
  • Article   12.37 Balance In Copyright and Related Rights Systems 10
  • Article   12.38 Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement 10
  • Article   12.39 No Formality 10
  • Article   12.40 Contractual Transfers 10
  • Article   12.41 Obligations Concerning Protection of Technological Measures and Rights Management Information 10
  • Article   12.41 Collective Management 10
  • Section   H Enforcement 10
  • Article   12.42 General Obligation In Enforcement 10
  • Article   12.43 Border Measures 10
  • Chapter   13 SMALL AND MEDIUM-SIZED ENTERPRISES 10
  • Article   13.1 General Principles 10
  • Article   13.2 Cooperation to Increase Trade and Investment Opportunities for SMEs 10
  • Article   13.3 Information Sharing 11
  • Article   13.4 Subcommittee on SME Issues 11
  • Article   13.5 Non-Application of Dispute Settlement 11
  • Chapter   14 ECONOMIC COOPERATION 11
  • Article   14.1 Objectives 11
  • Article   14.2 Scope and Areas of Cooperation 11
  • Article   14.3 Work Programme on Economic Cooperation Activities 11
  • Article   14.4 Resources 11
  • Article   14.5 Methods and Means of Cooperation 11
  • Article   14.6 Subcommittee on Economic Cooperation 11
  • Article   14.7 Non-application of Chapter 15 (Dispute Settlement) 11
  • Article   14.8 Annexes 11
  • ANNEX 14A  COOPERATION TO SUPPORT TRADE IN SUSTAINABLE AGRICULTURAL PRODUCTS 11
  • ANNEX 14B  JOINT EFFORTS FOR ENHANCING PARTICIPATION IN GLOBAL VALUE CHAINS 11
  • ANNEX 14C  COMPETITION POLICY 11
  • Chapter   15 DISPUTE SETTLEMENT 11
  • Article   15.1 Objective 11
  • Article   15.2 Cooperation 11
  • Article   15.3 Scope of Application 11
  • Article   15.4 Contact Points 11
  • Article   15.5 Request for Information 11
  • Article   15.6 Consultations 11
  • Article   15.7 Good Offices, Conciliation or Mediation 11
  • Article   15.8 Establishment of a Panel 11
  • Article   15.9 Composition of a Panel 12
  • Article   15.10 Decision on Urgency 12
  • Article   15.11 Requirements for Panellists 12
  • Article   15.12 Replacement of Panellists 12
  • Article   15.13 Functions of the Panel 12
  • Article   15.14 Terms of Reference 12
  • Article   15.15 Rules of Interpretation 12
  • Article   15.16 Procedures of the Panel 12
  • Article   15.17 Receipt of Information 12
  • Article   15.18 Interim Report 12
  • Article   15.19 Final Report 12
  • Article   15.20 Implementation of the Final Report 12
  • Article   15.21 Reasonable Period of Time for Compliance 12
  • Article   15.22 Compliance Review 12
  • Article   15.23 Temporary Remedies In Case of Non-Compliance 12
  • Article   15.24 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 12
  • Article   15.25 Suspension and Termination of Proceedings 12
  • Article   15.26 Choice of Forum 12
  • Article   15.27 Costs 12
  • Article   15.28 Mutually Agreed Solution 12
  • Article   15.29 Time Periods 12
  • Chapter   16 EXCEPTIONS 12
  • Article   16.1 General Exceptions 12
  • Article   16.2 Security Exceptions 12
  • Article   16.3 Taxation 12
  • Chapter   17 ADMINISTRATION OF THE AGREEMENT 12
  • Article   17.1 Joint Committee 12
  • Article   17.2 Communications 13
  • Article   17.3 Annexes 13
  • ANNEX 17A  JOINT COMMITTEE (3) 13
  • ANNEX 17B  IMPLEMENTATION OF MODIFICATIONS APPROVED BY THE JOINT COMMITTEE (4) 13
  • Chapter   18 FINAL PROVISIONS 13
  • Article   18.1 Annexes, Appendices, Side Letters, and Footnotes 13
  • Article   18.2 Amendments 13
  • Article   18.3 Amendments to the WTO Agreement 13
  • Article   18.4 Accession 13
  • Article   18.5 Duration and Termination 13
  • Article   18.6 Entry Into Force 13
  • Article   18.7 Reservations and Interpretative Declarations 13
  • Article   18.8 Authentic Texts 13