and redistributed freely by the public; and(b)to the
extent practicable, that the information is made available in a spatially enabledformat with reliable, easy to use and freely available Application ProgrammingInterfaces (?APIs?)
and is regularly updated.2.The Parties shall endeavour to cooperate to identify ways in which each Party can expandaccess to
and use of government data, with a view to enhancing and generating business andresearch opportunities.3.For greater certainty, this Article is without prejudice to Party?s laws and regulationsincluding but not limited to intellectual property and personal data protection.Article 9.14: Electronic Invoicing
1.The
Parties recognise the importance of electronic invoicing to increase the efficiency,accuracy and reliability of commercial transactions.
Each Party also recognises the benefits ofensuring that the systems used for electronic invoicing within its territory are interoperable withthe systems used in the other Party?s territory.2.Each
Party shall endeavour to ensure that the implementation of measures related
toelectronic invoicing in its territory supports cross-border
interoperability between the Parties?electronic invoicing frameworks.
To this end, each Party
shall endeavour to base
its measuresrelating to electronic invoicing on international
frameworks.3.The
Parties recognise the economic importance of promoting the global adoption ofelectronic invoicing systems, including interoperable international frameworks.
To this end, theParties shall endeavour to
?(a)promote, encourage, support or facilitate the adoption of electronic invoicing
byenterprises;(b)promote
the existence of policies, infrastructure and processes that support electronicinvoicing;~
9-7(c)generate
awareness of, and build capacity for, electronic invoicing; and(d)share
best practices and
promote the adoption of interoperable international electronicinvoicing systems.Article 9.15: Electronic Payments
1.Recognising the rapid growth of electronic payments,
the Parties shall endeavour to supportthe development of efficient, safe and secure cross-border electronic payments by:(a)fostering the adoption and use of internationally accepted standards for electronicpayments;(b)promoting interoperability and the
inter-connection of
electronic paymentinfrastructures; and(c)encouraging innovation and collaboration
in electronic payments services.2.To this end and in accordance with their respective laws and regulations,
each Party shallendeavour
?(a)to make publicly available, its laws and regulations of general applicability relating toelectronic payments, including in relation to regulatory approval, licencingrequirements, procedures and technical standards;(b)to finalise decisions on regulatory or licencing approvals
relating to electronicpayments
in a timely manner;(c)not to arbitrarily or unjustifiably discriminate between financial institutions and otherpayment service providers
as applicable in relation to access to services andinfrastructure necessary for the operation of
electronic payment systems;(d)to take into account, for relevant electronic payment systems, internationally acceptedpayment standards to enable greater interoperability between payment systems;(e)to facilitate the use of open platforms and architectures such as tools and protocolsprovided for through APIs and encourage financial institutions and other paymentservice providers as applicable to safely and securely make APIs for their products andservices available to third parties, where possible, to facilitate greater interoperability,innovation and competition in electronic payments; and(f)to facilitate innovation and collaboration, and recognise the importance of enabling theintroduction of new financial and electronic payment products and services in a timelymanner, such as through adopting regulatory and industry sandboxes.~
9-8Article 9.16: Cooperation
1.Recognising the importance of digital trade to their respective
economies, the Parties shallendeavour to maintain a dialogue on regulatory matters relating to digital trade with a view tosharing information and experiences, as appropriate, including on related laws, regulations, andtheir implementation, and best practices with respect to digital trade, including but not limited to:(a)online consumer protection;(b)personal data
protection;(c)unsolicited commercial electronic messages;(d)electronic signatures and electronic authentication;(e)intellectual property concerns with respect to digital trade;(f)challenges for small and medium-sized enterprises in digital trade;(g)digital government;(h)transformative technologies including artificial intelligence and blockchain;(i)digital identities; and(j)other
areas of mutual interest between the Parties.2.The Parties have a shared vision to promote secure digital trade and recognise that threats tocybersecurity undermine confidence in
digital trade.
Accordingly, the Parties recognise theimportance of:(a)building the capabilities of their governmental agencies
responsible for computer security incident response; and(b)using existing collaboration mechanisms to cooperate on matters related to cybersecurity.
Chapter 10. INVESTMENT FACILITATION
Article 10.1. UAE-Malaysia Promotion and Protection of Investments
The Parties note the existence of and reaffirm the rights and obligations under the Agreement Between the Government of the United Arab Emirates and the Government of Malaysia for the Promotion and Protection of Investments, signed at Kuala Lumpur, on 11 October 1991 (UAE-Malaysia Bilateral Investment Agreement) and any subsequent amendments thereto.
Article 10.2. Promotion and Facilitation of Investments
1. The Parties affirm their desire to promote an attractive investment climate and expand trade in products and services. Consistent with Article 2 (Promotion and Protection of Investments) of the UAE-Malaysia Bilateral Investment Agreement, the Parties shall take appropriate measures to encourage and facilitate the exchange of goods and services and to secure favorable conditions for long-term economic development and diversification of trade between the two countries.
2. The Parties shall endeavour to publish or otherwise make publicly available its laws, regulations and international agreements that may affect the investments of investors of the other Party. Each Party shall endeavour to simplify procedures for investment applications. When a Party has admitted an investment on its territory, it shall endeavour to provide, in accordance with its laws and regulations, necessary authorisations in connection with such investment.
Article 10.3. Technical Council
The Parties shall establish a United Arab Emirates-Malaysia Technical Council on Investment (the Council), which shall be composed of representatives of both Parties. The United Arab Emirates will be chaired by Ministry of Finance and Malaysia will be chaired by Ministry of Investment, Trade and Industry. The Council may establish working groups as the Parties deem necessary.
Article 10.4. Objectives of the Council
The objectives of the Council are as follows:
(a) to promote and enhance investment facilitation and economic cooperationbetween the Parties;
(b) to monitor trade and investment relations, to identify opportunities for expandinginvestment and to identify issues relevant to investment that may be appropriatefor negotiation in an appropriate forum;
(c) to hold consultations on specific investment matters of interest to the Parties;
(d) to work toward the enhancement of investment flows;
(e) to identify and work toward the removal of impediments to investment flows; and
(f) to seek the views of the private sector, where appropriate, on matters related to the work of the Council.
Article 10.5. 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 trade or 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 agrees to postpone discussion of the matter. Each Party shall endeavour to provide for an opportunity for the Council to discuss a matter before taking actions that could adversely affect the trade or investment interests of the other Party.
Article 10.6. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 16 (Dispute Settlement) for any matter arising under this Chapter.
CHAPTER 11 GOVERNMENT PROCUREMENT
Article 11.1: Objectives
The Parties recognise the importance of developing cooperation between the Parties and the promotion of transparency of laws, regulations and procedures in the field of government procurement.
The Parties recognise the role of government procurement in furthering the economic integration of Parties to promote growth and employment.
Article 11.2: Scope
This Chapter shall apply to the laws, regulations and procedures of a Party regarding government procurement implemented by its central government entities, as defined or notified by that Party for the purposes of this Chapter.
Article 11.3: Transparency
1.Each Party shall:
(a) make publicly available its laws and regulations; and
(b) endeavour to make publicly available its procedures, regarding government procurement, which may include information on where tender opportunities are published.
2. To the extent possible and as appropriate, each Party endeavours to make available and update the information referred to in paragraph 1 through electronic means.
3. Each Party may specify in Annex 11A (Paper or Electronic Means Utilised by Parties for the Publication of Transparency Information) the paper or electronic means utilised by that Party to publish the information referred to in paragraph 1.
4.Each Party may make the information referred to in paragraph 1 available in the Englishlanguage.
Article 11.4: Cooperation
The Parties endeavour to cooperate on matters relating to government procurement with a view to achieving a better understanding of each Party's respective government procurement systems. Such cooperation may include:
(a) exchanging information, to the extent possible, on Parties' laws, regulations and procedures and any modifications thereof;
(b)providing training, technical assistance, or capacity building to Parties and sharing information on these initiatives as provided for in Chapter 14 (Economic Cooperation);
(c) sharing information, where possible, on best practices, including those in relation to small and medium enterprises; and(d)sharing information, where possible, on electronic procurement systems.
Article 11.5: Review
The Parties may review this Chapter within the period stipulated in Article 19.5 (General Review), with a view to improving this Chapter in the future to facilitate government procurement, as agreed by the Parties.
Article
11.6:
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 Parties of the relevant details of that contact point or those contact points.
Each Party shall promptly notify the other Parties of any change regarding the relevant details of its contact point or contact points.
Article
11.7:
Non-Application
of Dispute Settlement No Party shall have recourse to dispute settlement under Chapter 16 (Dispute Settlement) for any matter arising under this Chapter.
G:;.,--- ? =>,-
11A-1
ANNEX 11A
PAPER OR ELECTRONIC MEANS UTILISED BY PARTIES FOR THE PUBLICATION OF TRANSPARENCY INFORMATION
Paper or electronic means utilised for the publication of laws, regulations, general application, and procedures regarding government procurement covered by this Agreement:
For United Arab Emirates:
(a)laws and regulations: https://mof.gov.ae/general-revenue-and-expenditure/(b)Digital Procurement
Platform:
https://mof.gov.ae/government-procurement-operations/(c)supplier registration: https://mof.gov.ae/supplier-registration-in-federal-supplier-register/For Malaysia:
(a)https://www.treasury.gov.my(b)https://myprocurement.treasury.gov.myG:;.,--- ? ----
12-1CHAPTER 12
INTELLECTUAL PROPERTY RIGHTS
SECTION A: GENERAL PROVISIONS
Article 12.1: Definition
For the purposes of this Chapter, intellectual property
embodies
copyright and related rights, patents and utility models, trademarks, industrial designs,
layout-designs (topographies) of integrated circuits,
geographical indications,
plant varieties
and
protection
of undisclosed information.
Article 12.2: Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of trade, investment, technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
Article 12.3: Principles
1.Appropriate measures, provided that they are consistent with this Chapter, may be needed toprevent the abuse of intellectual property rights by right holders or the resort to practices whichunreasonably restrain trade or adversely affect the international transfer of technology.2.A Party may, in formulating or amending its laws and regulations, adopt measures necessaryto protect public health and nutrition, and to promote the public interest in sectors of vitalimportance to their socio-economic and technological development, provided that such measuresare consistent with the provisions of this Chapter.Article 12.4: Nature and Scope of Obligations
Each Party shall give effect to the provisions of this Chapter. A Party may, but shall not be obliged to, provide more extensive protection for or enforcement of, intellectual property rights under its laws and regulations
than is required by this Chapter, provided that such protection or enforcement does not contravene the provisions of this Chapter. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice.
,
12-2Article 12.5: International Agreements
1.The Parties reaffirm their obligations set out in the following multilateral agreements:(a)TRIPS Agreement;(b)the Patent Cooperation Treaty
done at Washington on 19 June 1970, as amended on28 September 1979 and modified on 3 February 1984 and 3 October 2001;(c)the Paris Convention for the Protection of Industrial Property
done at Paris on 20March 1883, as revised at Stockholm on 14 July 1967 and amended on 28 September1979;(d)the Berne Convention for the Protection of Literary and Artistic Works
done at Berneon 9 September 1886, as revised at Paris on 24 July 1971 and amended on 28September 1979
(Berne Convention);(e)the Protocol Relating to the Madrid Agreement Concerning the InternationalRegistration of Marks
adopted at Madrid on 27 June 1989, as amended on 3 October2006 and 12 November 2007;(f)the WIPO Performances and Phonograms Treaty adopted in Geneva on 20 December1996
(WPPT);(g)the WIPO Copyright Treaty
adopted in Geneva on 20 December 1996
(WCT);(h)the Budapest Treaty on the International Recognition of the Deposit of Micro-
11-6organisms for the Purposes of Patent Procedure
done at Budapest on 28 April 1977,as amended on 26 September 1980; and(i)the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who areBlind, Visually Impaired, or Otherwise Print Disabled adopted in Marrakesh on 27June 2013
(Marrakesh Treaty).2.Each Party shall endeavour to ratify or accede to
the 1991 Act of International Conventionfor the Protection of New Varieties of Plants
as revised at Geneva on 19 March 1991.Article 12.6: Intellectual Property and Public Health
The Parties recognise the principles established in the Declaration on The TRIPS Agreement and Public Health
adopted on 14 November 2001 (Doha Declaration) by the Ministerial Conference of the WTO and confirm that the provisions of this Chapter are without prejudice to the Doha Declaration.
,
12-3Article 12.7: National Treatment
1.In respect of all categories of intellectual property covered in this Chapter, each Party shallaccord to nationals of another Party treatment no less favourable than it accords to its own nationalswith regard to the protection of intellectual property rights in accordance with Article 3(1) ofTRIPS
Agreement.2.A Party may derogate from paragraph 1 in relation to its judicial and administrativeprocedures, including requiring a national of another Party to designate an address for service ofprocess 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 withthis Chapter; and(b)not applied in a manner that would constitute a disguised restriction on trade.3.Paragraph 1 does not apply to procedures provided in multilateral agreements concludedunder the auspices of WIPO relating to the acquisition or maintenance of intellectual propertyrights.Article 12.8: Transparency
1.Each Party shall endeavour, subject to its laws
and regulations,
to make general informationconcerning application and registration of trademarks, geographical indications, industrial designs,patents and plant variety rights accessible for the general public.2.The Parties also acknowledge the importance of informational materials, such as publiclyaccessible databases of registered intellectual property rights that assist in the identification ofsubject matter that has fallen into the public domain.3.Each Party shall endeavour to make available such information in English language.Article 12.9: Application of Chapter to Existing Subject Matter and Prior Acts
1.Unless otherwise provided, this Chapter gives rise to obligations in respect of all subjectmatter existing at the date of entry into force of this Agreement for a Party and that is protected onthat date in the territory of a Party where protection is claimed, or that meets or comes subsequentlyto meet the criteria for protection under this Chapter
without unreasonably impairing the fairinterest of the third parties.2.Unless provided in this Chapter, a Party shall not be required to restore protection to subjectmatter that on the date of entry into force of this Agreement for that Party has fallen into the publicdomain in its territory.,
12-4Article 12.10: Exhaustion of Intellectual Property Rights
Each Party shall be free to establish its own regime for exhaustion of intellectual property rights.