(c) making decisions in opposition, cancellation, or invalidation proceedings to be reasoned and in writing, which may be delivered by electronic means.
Article 12.32: Amendments and Corrections
Each Party shall 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 right as a whole. (10)
Article 12.33: 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 G: COPYRIGHT AND RELATED RIGHTS
Article 12.34: General Provision
1. Without prejudice to the obligations set out in the international agreements to which the Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and audio-video fixations and owner of broadcast work for their works, performances, phonograms, audio-video fixations and broadcasts, respectively.
2. In addition to the protection provided for in the international agreements to which the Parties are parties or which the Parties shall ratify or accede to under the Agreement, each Party shall:
(a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audio-visual and visual performances; and
(b) grant and ensure protection as provided for in Articles 11 through 14 of the WPPT, mutatis mutandis, to producers of audio-video fixations.
3. Each Party shall ensure that the owner of broadcast work has at least the exclusive right to control the recording, the reproduction, and the rebroadcasting, of the whole or a substantial part of the broadcast, and the rebroadcasting by wireless means of broadcasts.
4. Each Party may, in its laws and regulations, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their visual and audio-visual performances, to the protection of producers of audio-video fixations and of owner of broadcast work as it provides for, in its laws and regulations, in connection with the protection of copyright in literary and artistic works.
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 the 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 beginning of the calendar year next following the year in which the performance was fixed;
(c) the term of protection to be granted to producers of phonograms and of audio-video fixations under the Agreement shall last, at least, until the end of a period of 50 years computed from the beginning of the calendar year next following the year in which the phonogram and audio-video fixations was published, or failing such publication within 50 years from fixation of the phonogram and audio-video fixations, 50 years from the end of the year in which the fixation was made; and
(d) the term of protection to be granted to owner of the broadcast work under this Agreement shall last, at least, 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. (11), (12)
Article 12.38: Contractual Transfers
Each Party shall provide that for copyright and related rights, any person acquiring or holding any economic right (13) 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. (14)
Article 12.39: 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 12.40: 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 12.41: General Obligation in Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its laws and regulations 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 12.42: 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 of 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 their territory as per its laws and regulation.
Chapter 13. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 13.1. General Principles
1. The Parties, recognizing the fundamental role of 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: Information Sharing
1. Each Party shall promote the sharing of information related to this Agreement that is relevant to SMEs, including through the establishment and maintenance of a publicly accessible information platform and through information exchange to share knowledge, experiences and best practices among the Parties.
2. The information to be made publicly accessible referred to in Paragraph 1 will include the following:
(a) the full text of this Agreement;
(b) information on trade and investment-related laws and regulations that each Party considers relevant to SMEs, such as:
(i) customs regulations, procedures, or enquiry points;
(ii) regulations or procedures concerning intellectual property, trade secrets and patent protection rights;
(iii) technical regulations, standards, quality or conformity assessment procedures;
(iv) sanitary or phytosanitary measures relating to importation or exportation; and
(v) foreign investment regulations;
(c) additional business-related information that each Party considers useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
3. Each Party shall make publicly accessible the information referred to in Paragraph 1, on a website established by the Party.
4. Where, in accordance with Paragraph 3, a Party makes information publicly accessible, including through online means, that information may include links to any equivalent websites of the other Parties.
5. Each Party shall, as appropriate, review the information referred to in Paragraph 2 and the links referred to in Paragraph 4 to ensure that the information provided is accurate and up-to-date.
6. Each Party shall work towards ensuring that information made publicly accessible for SMEs. Where possible, each Party shall endeavour to make the information referred to in Paragraph 2 available in the English language.
Article 13.3: Cooperation
1. 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 and in particular shall –
(a) promote cooperation between the Parties, 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 Party 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;
(d) encourage participation in any platform as appropriate, for business entrepreneurs and counsellors to share information and best practices to help SMEs link with international suppliers, buyers and other potential business partners; and
(e) any other area of cooperation as appropriate agreed between both Parties.
2. Cooperation activities undertaken under this Chapter are subject to the availability of resources and any terms and conditions agreed between the Parties.
Article 13.4: Sub-Committee on SME Issues
1. The Parties hereby establish the Sub-Committee on SME Issues (SME Sub-Committee), comprising national and local government representatives of each Party.
2. The SME Sub-Committee shall –
(a) identify ways to assist SMEs of the Parties to take advantage of the commercial opportunities and benefits under this Agreement. This may include exchange and discuss each Party’s experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties and establishing good business credentials;
(b) consider any other matters pertaining to SMEs as appropriate and as agreed by the Parties, including any issues raised by SMEs regarding their ability to benefit from this Agreement;
(c) review and coordinate its work program with the work of other Sub-Committees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(d) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Parties’ regional and global supply chains;
(e) update the Joint Committee as required and make recommendations as appropriate; and
(f) decide on appointment of respective contact points as appropriate.
3. The SME Sub-Committee shall convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Sub-Committee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
Article 13.5: 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 14. ECONOMIC COOPERATION
Article 14.1. Objectives
Article 14.1: Objectives
1. The Parties reaffirm the importance of economic cooperation activities between them and shall promote cooperation activities under this Agreement, in areas of mutual interest, for their mutual benefit, with the aim to liberalize and facilitate trade and investment between the Parties and foster economic growth.
2. Economic cooperation under this Chapter, shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation and further improving market access and openness to contribute to the sustainable inclusive economic growth and prosperity of the Parties.
Article 14.2: Scope
1. Economic cooperation under this Chapter shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through activities that relate to trade and investment as set out in the Implementing Arrangement to be agreed by the Parties and those further developed in the Work Programme. Parties shall identify and develop cooperative activities which are capable of providing added value to the bilateral relationship after the date of entry into force of this Agreement.
2. The Parties shall explore and undertake economic cooperation activities, that shall initially focus, on the following areas:
(a) manufacturing industries;
(b) agriculture, forestry and fisheries;
(c) tourism;
(d) energy;
(e) the global value chains;
(f) trade and investment promotion
(g) intellectual property;
(h) information and communication technology;
(i) capacity building and technical assistance;
(j) competition;
(k) SME; and
(l) other matters, as agreed upon among the parties.
3. The Parties may agree in the Annual Work Programme on Economic Cooperation Activities to modify the above list, including by adding other areas for economic cooperation.
4. Economic cooperation between the Parties should contribute to achieving the objectives of this Agreement through the identification and development of cooperation initiatives capable of providing added value to the bilateral relationship, taking into account on-going efforts and resources available of the Parties.
Article 14.3: Annual Work Program on Economic Cooperation Activities
1. The Sub-Committee on Economic Cooperation shall adopt an Annual Work Programme on Economic Cooperation Activities (hereinafter “Annual Work Programme”) based on proposals submitted by the Parties which may include fields and forms of cooperation, contact points, and if applicable, timeframes for the fulfilment of economic cooperation.
2. Each activity in an Annual Work Programme developed under this Chapter shall –
(a) be guided by the objectives agreed in Article 14.1;
(b) be related to trade or investment and support the implementation of this Agreement;
(c) involve both Parties;
(d) address the mutual priorities of the Parties; and
(e) avoid duplicating existing economic cooperation activities.
The Annual Work Programme shall include periodic reporting to Parties, and shall be subjected to periodic review and modification from time to time by the Joint Committee.
Article 14.4: Competition Policy
1. The Parties shall endeavour to promote competition in markets through cooperation that includes sharing of the relevant experiences, expertise and non-confidential information on the development and implementation of competition law and policy, subject to their domestic laws and regulations.
2. The Parties may consult on matters related to anti-competitive practices and their adverse effects to trade. The consultations shall be without prejudice to the autonomy of each Party to uphold, maintain and enforce its domestic competition laws and regulations.
Article 14.5: Resources
1. Resources for economic cooperation under this Chapter shall be provided in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties.
2. The Parties, on the basis of mutual benefit, may consider cooperation with and contributions from, external parties to support the implementation of the Annual Work Programme.
Article 14.6: Forms of Cooperation
The Parties will endeavour to encourage technical, technological and scientific economic cooperation in a manner as agreed by the Parties and in accordance with the laws and regulations of the Parties, through the following ways:
(a) joint organisation of conferences, seminars, workshops, meetings, training sessions and outreach and education programs;
(b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties’ private sector and agencies involved in trade promotion;
(d) initiation of the knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernisation to other countries through UAE’s Government Experience Exchange Programme;
(e) promote joint business initiatives between entrepreneurs of the Parties; and
(f) any other form of cooperation that may be agreed by the Parties.
Article 14.7: Sub-Committee on Economic Cooperation
1. For the purposes of the effective implementation and operation of this Chapter, the Parties hereby establish a Sub-Committee on Economic Cooperation (“Sub-Committee”) which shall comprise of Government representatives of the Parties.
2. The Sub-Committee shall undertake the following functions:
(a) monitor and assess the implementation of this Chapter;
(b) identify new opportunities and agree on new ideas for prospective cooperation or capacity building activities;
(c) formulate and develop Annual Work Programme proposals and their implementation mechanisms;
(d) coordinate, monitor and review progress of the Annual Work Programme to assess its overall effectiveness and contribution to the implementation and operation of this Chapter;
(e) suggest amendments or modification if deemed necessary to the Annual Work Programme through periodic evaluations;
(f) cooperate with other Sub-Committees and/or subsidiary bodies established under this Agreement to perform stocktaking, monitoring and benchmarking on any issues related to the implementation of this Agreement, as well as to provide feedback and assistance in the implementation and operation of this Chapter; and
(g) report to and if deemed necessary, consult with the Joint Committee in relation to the implementation and operation of this Chapter.
3. In order to ensure the proper functioning of the Sub-Committee, each Party shall designate a contact point within a time as agreed between parties. Each Party will notify the other Party promptly of any change of contact point.
4. The Sub-Committee shall convene its inaugural meeting within a time to be agreed by the parties and subsequently meet at a venue and time to be agreed by the Parties.
Article 14.8: 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 15. ISLAMIC ECONOMY
Article 15.1. Definition
Article 15.1: Definition
For the purposes of this Chapter, the following definitions shall apply:
(a) halal means permissible in accordance with Halal rules in Islamic shariah; and
(b) Islamic Economy means economic activities and processes, including inter alia securing, producing, trading, disseminating, investing and financing of goods and services, that are in accordance with Islamic rules and principles.
Article 15.2: Objectives and Scope