Each Party shall provide for the protection of independently created industrial designs that are new or original. This protection shall be provided by registration and shall confer an exclusive right upon the holder in accordance with the provisions of the TRIPS Agreement.
A Party may provide limited exceptions to the exclusive rights conferred by the protection of an industrial design, provided that such exceptions do not unreasonably conflict with a normal exploitation of 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 H: Genetic Resources, Traditional Knowledge, And Traditional Cultural Expressions
Article Article 11.32
Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions
The Parties recognise the relevance of intellectual property systems and traditional knowledge associated with genetic resources to each other, when that traditional knowledge is related to those intellectual property systems.
The Parties affirm the importance of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, adopted at Geneva on 24 May 2024.
The Parties affirm the importance of the work carried out on traditional knowledge and traditional cultural expressions by the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
The Parties shall endeavour to exchange views and information and cooperate through their respective agencies responsible for intellectual property rights covered by this Chapter, with the participation of relevant stakeholders, if such participation is appropriate and
practicable, to enhance the understanding of intellectual property related aspects of genetic resources, traditional knowledge, and traditional cultural expressions.
Patent Examination and Traditional Knowledge Associated with Genetic Resources
The Parties shall endeavour to pursue quality patent examination, which shall include:
that in determining prior art, relevant publicly available documented information related to traditional knowledge associated with genetic resources may be taken into account;
an opportunity for third parties to cite, in writing, to the competent examining authority prior art disclosures that may have a bearing on patentability, including prior art disclosures related to traditional knowledge associated with genetic resources;
if applicable and appropriate, the use of databases or digital libraries such as India’s Traditional Knowledge Digital Library (“TKDL”), containing traditional knowledge associated with genetic resources; and
if agreed and subject to available resourcing, cooperation in the training of patent examiners in the examination of patent applications related to traditional knowledge associated with genetic resources.
Article Article 11.34 General Provision
Consistent with the obligations set out in the applicable international agreements to which the Parties are party and in accordance with its laws and regulations, each Party shall provide adequate and effective protection to authors for their works, performers for fixations of their performances in phonograms, producers for their phonograms and broadcasters for their broadcasts.
A Party may provide limitations or exceptions in its domestic law to the rights provided under this Section, but shall confine such 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.
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.
Obligations Concerning Protection of Rights-Management Information
Each Party shall provide adequate and effective legal remedies against any person who knowingly and without authorisation:
removes or alters any electronic rights-management information; or
distributes, imports for distribution, broadcasts or communicates to the public, works or copies of works, knowing that electronic rights-management information has been removed or altered without authorisation.
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.
Each Party shall encourage the establishment of reciprocal arrangements between their respective collective management societies for the purposes of ensuring easier licensing of content and sharing of rights revenues.
Section J: Enforcement
Article Article 11.38
General Obligation in Enforcement
The Parties shall provide in their respective law for the enforcement of intellectual property rights covered by this Chapter consistent with the TRIPS Agreement, in particular Articles 41 through 61.
Each Party shall, in conformity with its law and the provisions of Part III, Section 4 of the TRIPS Agreement, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trade mark or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, administrative or judicial, 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.
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 in accordance with its law.
Chapter 12. TRADE AND SUSTAINABLE DEVELOPMENT
Article Article 12.1
Scope, Context and Objectives
Recalling the Rio Declaration on Environment and Development and the Agenda 21 adopted by the United Nations Conference on Environment and Development in Rio de Janeiro on 14 June 1992, the Johannesburg Declaration on Sustainable Development and its Plan of Implementation adopted in Johannesburg on 4 September 2002, the International Labour Organization (“ILO”) Declaration on Fundamental Principles and Rights at Work adopted by the International Labour Conference at its 86th Session in Geneva on 18 June 1998, as amended in 2022 (“ILO Declaration on Fundamental Principles and Rights at Work”), the ILO Declaration on Social Justice for a Fair Globalization adopted by the International Labour Conference at its 97th Session in Geneva on 10 June 2008, as amended in 2022 (“ILO Declaration on Social Justice for a Fair Globalization”), the Outcome Document of the UN Conference on Sustainable Development of 2012 entitled “The Future We Want” endorsed by the UN General Assembly Resolution 66/288 adopted on 27 July 2012 (“the RIO+20 Outcome Document “The Future We Want”), the UN 2030 Agenda for Sustainable Development, adopted by the UN General Assembly Resolution 70/1 on 25 September 2015 and its Sustainable Development Goals, and the multilateral environmental agreements to which the Parties are party, the Parties affirm their commitment to pursue the objective of sustainable development, whose pillars, economic development, social development and environmental protection are mutually supportive, interdependent and essential requirements of sustainable development.
The Parties agree to promote international trade in such a way as to contribute towards sustainable development for eradicating poverty and hunger, including towards broad-based, sustained and inclusive economic growth, social development, high levels of environmental protection and progress towards long-term strategies for transition, and to work to integrate and reflect this objective in their trade relationship.
For greater certainty, the Parties emphasise that it is their aim to strengthen their trade relations and cooperation in ways that promote sustainable development, and that this Chapter does not oblige the Parties to harmonise their environmental and social standards of protection.
This Chapter embodies a cooperative approach based on common values and interests, taking into account the differences in the Parties’ respective levels of development, priorities and circumstances.
For the purposes of this Chapter, “laws and regulations” means:
for India, an Act of the Parliament of India or delegated legislation framed pursuant to an Act of the Parliament of India, which is enforceable by action of the Central or Union level of Government; and
for New Zealand, an Act of the Parliament of New Zealand or a regulation made under an Act of the Parliament of New Zealand by the Governor-General in Council, which is enforceable by action of the central level of government.
Right to Regulate and Upholding Levels of Protection
Recognising the right of each Party, in a manner consistent with the provisions of this Chapter, to set its domestic sustainable development policies and priorities, to establish its own levels of environmental, and labour protection, and to adopt or modify accordingly its relevant laws and policies, each Party shall seek to ensure that its laws, policies and practices provide for and encourage achieving sustainable development as referred to in Article 12.1 (Scope, Context and Objectives).
The Parties are committed not to encourage trade by derogating from or, through a sustained or recurring course of action or inaction, failing to effectively enforce their respective environmental and labour laws in a manner affecting trade between the Parties.
The Parties stress that environmental and labour measures shall not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade.
The Parties recognise the value of international agreements on the environment and on labour as means to address global and regional environmental and social challenges. The Parties recall that the ILO Declaration on Social Justice for a Fair Globalization states that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes. In this context, the Parties note that their comparative advantage should in no way be called into question. The Parties also stress that neither environmental issues nor labour standards shall be used for protectionist trade purposes.
The Parties, in accordance with their obligations as members of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work, commit to respect, promote and realise, in good faith, the fundamental principles and rights at work which are the subject of the fundamental ILO Conventions.
Each Party affirms their commitment to effectively implement in their laws and practices the ILO Conventions which that Party has ratified. Each Party will make efforts towards ratifying the fundamental ILO Conventions in a promotional and flexible manner without time limits and consistent with the ILO Declaration on Social Justice for a Fair Globalization.
In view of the objectives set out in Article 12.1 (Scope, Context and Objectives), the Parties agree to enhance their cooperation by exchanging information, discussing best practices and sharing implementation experiences in areas of mutual interest, such as:
best practices relating to corporate social responsibility including encouraging businesses to adopt responsible business conduct policies;
relevant aspects of the ILO Decent Work Agenda, such as labour statistics and labour market developments;
sharing expertise, information and best practices in respect of identifying and addressing skill shortages and gaps;
human capital development and the enhancement of employability, including through apprenticeship programmes, lifelong learning, continuous education, training and the development and upgrading of skills;
exploring opportunities for skilling, upskilling and re-skilling to facilitate a just transition and decent work in accordance with the ILO Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All, published by the ILO at Geneva on 2 February 2016 (“ILO Guidelines for a Just Transition”) and the Decent Work Agenda; and
promotion of productive, quality employment and green entrepreneurship linked to sustainable growth, support for workers as part of a just transition in line with the ILO Guidelines for a Just Transition, and skill development for jobs in emerging industries, including environmental industries.
Trade and Gender Equality
The Parties recognise the importance of gender equality and the empowerment of all women in advancing sustainable and inclusive economic growth and development, including through women’s participation in international trade.
The Parties also recognise that gender-responsive policies and practices are important to advancing gender equality and the empowerment of all women. The Parties recognise the importance of adopting, maintaining and implementing women’s economic empowerment and equality laws, regulations, policies and best practices, in line with the Sustainable Development Goal 5 of the UN 2030 Agenda on Sustainable Development. The Parties also recognise the importance of the Convention on the Elimination of all Forms of Discrimination Against Women done at New York City on 18 December 1979 and the Beijing Declaration and Platform for Action, Fourth World Conference on Women done at Beijing on 15 September 1995.
Accordingly, each Party shall endeavour to:
foster women’s entrepreneurship and leadership, including promoting women’s access to the benefits and opportunities of this Agreement;
promote the exchange of information and best practice related to the design, implementation, monitoring, evaluation and strengthening of policies and programmes, aimed at enhancing women’s participation in economic activity, including international trade; and
cooperate to identify and address the barriers faced by women in trade and investment including safety and access to information, networks and finance.
The Parties agree to implement the Agreement and the cooperation activities established under this Article in a manner that advances the full, equal and meaningful participation of women in the economy and in a manner that protects and promotes their human rights and economic wellbeing.
Multilateral Environmental Agreements
The Parties recognise the important role multilateral environmental agreements play in protecting the environment, including reducing biodiversity loss and addressing climate change, and the need for
mutual supportiveness between trade and environmental laws and policies.
The Parties affirm their adherence to the principles reflected in the international environmental instruments referred to in Article 12.1 (Scope, Context and Objectives).
The Parties affirm their commitment to implement the multilateral environmental agreements to which the Parties are a party.
The Parties recognise that in accordance with the objective of sustainable development, the Parties shall allow for the optimal use of the world’s resources, and will seek to protect and preserve the environment, and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development. The Parties further recognise the importance, and positive role, that the multilateral trading system and the WTO may play in encouraging sustainable use of resources, sustainable ecosystems, sustainability of services and sustainable long-term growth.
The Parties also recognise the importance of strengthening policies and defining programmes that encourage sustainable and inclusive growth. The Parties recall that the Rio+20 Outcome Document “The Future We Want” provides sufficient flexibility and policy space for the Parties to make their own choices out of a broad menu of options and define their paths towards sustainable development based on each Party’s stage of development, national circumstances and priorities.
The Parties also recognise that policy objectives to facilitate the transition to a resource efficient and circular economy includes extending product lifetimes, increasing the proportion of materials and products that are reused and recycled, and reducing waste throughout supply chains.
The Parties recognise the importance of conserving, and sustainably using, biological diversity consistent with relevant multilateral environmental agreements to which the Parties are a party, including the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992 and its Protocols, the Convention on the Conservation of Migratory Species of Wild Animals, done at Bonn on 23 June 1979, the Ramsar Convention on Wetlands, done at Ramsar on 02 February 1971, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington D.C. on 3 March 1973, and the decisions adopted thereunder.
The Parties recognise the importance of the conservation and sustainable management of forests for providing environmental functions and economic and social opportunities for present and future generations.
Accordingly, the Parties shall endeavour to cooperate in areas of mutual interest, including:
sharing best practices in promoting integrated and sustainable management of natural resources and ecosystems, including conservation and sustainable use of biodiversity;
taking appropriate action to conserve biological diversity, including to prevent the spread of invasive alien species;
supporting cooperation between enterprises in relation to goods, services and technologies that contribute to sustainable development;
sharing policy frameworks conducive to the deployment of best available technologies for sustainable development, including with regard to the promotion of eco-innovation, research activities, dissemination of results, and efforts to ensure that such technologies are available in the public domain and are accessible at affordable prices;
promoting the conservation and sustainable management of forests;
encouraging trade in forest products from sustainable supply chains; and
contributing to combatting illegal logging, illegal deforestation, and associated trade, including with respect to communities dependent on forests.
Recognising the importance of cooperation and supportive measures, the Parties affirm their commitment to implement their respective commitments regarding cooperation and supportive measures, such as financial, technological, technical or capacity building support, as relevant, under the international agreements referred to in this Chapter.
The Parties recognise the importance of conserving and sustainably managing marine fisheries. The Parties also underline the importance of the marine fisheries sector to their development and to the livelihoods of their fishing communities, including artisanal or small-scale fisheries.
Accordingly, the Parties agree to:
support national, regional and international goals to address illegal, unreported and unregulated fishing in accordance with national and international instruments, and by using relevant international frameworks; and
cooperate on aspects of fishery policies and measures bilaterally, regionally, and in international fora as appropriate, which are important to promoting sustainable fishing practices.
The Parties recognise the importance of achieving, the objectives of the United Nations Framework Convention on Climate Change, done at New York on 09 May 1992 (hereinafter referred to as “UNFCCC”) and the goals of the Paris Agreement, done at Paris on 12 December 2015, reflecting the principles of the UNFCCC and the Paris Agreement including equity and the principle of common but differentiated responsibilities and respective capabilities, in light of different national circumstances and based on best available science, in order to address the urgent threat of climate change.
The Parties reaffirm their commitment to implement their respective obligations and commitments under the UNFCCC and the Paris Agreement.
The Parties underline the importance of climate actions, to be implemented in accordance with each Party’s national circumstances, capabilities and equity.
Pursuant to paragraph 1, the Parties shall endeavour to cooperate bilaterally, and in other fora, as appropriate, in areas of mutual interest related to mitigation of and adaptation to climate change, including but not limited to the following:
mobilising investment and sustainable finance;
sharing knowledge and evidence-based innovations, including traditional, local and Indigenous knowledge, especially technological innovations, to support solutions to climate change, including climate-smart and resilient agriculture production;
exploring cooperation under Article 6 of the Paris Agreement;
exploring opportunities for climate and energy solutions; and
sharing information on innovation, research and development which promotes clean energy, and climate-friendly technologies.
The Parties recognise cooperation as a means to implement this Chapter, to enhance its benefits and to strengthen the Parties’ joint and individual capacities to promote sustainable development as they strengthen their trade relations. The Parties recognise that cooperation activities undertaken pursuant to this Agreement seek to complement and build upon existing agreements or arrangements between the Parties.
The Parties shall endeavour to strengthen their cooperation on environment, climate and other issues of mutual interest in relevant bilateral, regional, and multilateral fora in which the Parties participate. Cooperative activities agreed under this Chapter shall align with the Parties’ respective national circumstances, environmental commitments, climate commitments and other commitments outlined in the Chapter.
Cooperation under this Chapter may include the following:
technical assistance and capacity building;
mobilising financial resources and instruments;
sharing of know-how and facilitating technology development and transfer in furtherance of the Parties’ respective commitments under multilateral environmental agreements;
sharing of information, data and best practices on policies and procedures, including through joint analysis and the exchange of experts;
dialogues, workshops, seminars, conferences, collaborative programmes and projects, including joint research projects on environmental technologies; and
other means, as the parties may decide.
Each Party shall, as appropriate:
share its priorities for cooperation with the other Party, including the objectives of that cooperation;
propose cooperation activities related to the implementation of this Chapter; and
develop and participate in mutually agreed cooperation activities and programmes in accordance with the priorities identified and agreed by the Parties.
In implementing the cooperation activities under this Chapter, the Parties may invite the views and participation of relevant stakeholders.
Trade and Sustainable Development Committee
The Parties hereby establish the Committee on Trade and Sustainable Development (“Committee”) composed of government representatives of each Party.
The Committee shall be jointly co-chaired by the Parties. It shall meet within one year of the date of entry into force of this Agreement and thereafter as agreed by the Parties. Meetings may occur in person, or by any other means of communication as agreed by the representatives of the Parties.
All decisions of the Committee shall be made by agreement of the Parties.
The Committee shall, with respect to this Chapter, have the following functions:
review and monitor the implementation and operation of this Chapter;
discuss technical issues arising from the implementation of this Chapter;
foster understanding and facilitate consultations and dialogue regarding matters arising under this Chapter;
consider priorities and proposals referred to the Committee by the Parties and, where appropriate, agree cooperation activities in accordance with Article 12.9 (Cooperation); and
consider any other matter related to this Chapter, as agreed between the Parties.
The Committee may:
exchange information, discuss best practices and share implementation experiences on issues of mutual interest relating to this Chapter; and
seek advice from, or invite, representatives of relevant business, non-government or other civil society organisations, as agreed by the Parties.
The Committee shall:
report to the Joint Commission on the results and conclusions from each of their meetings; and
carry out any task assigned and any responsibility delegated to it by the Joint Commission.
Each Party shall designate a contact point to receive and facilitate official communications between the Parties on any matter relating to this Chapter.
Each Party shall promptly notify the other Party, in writing, of any changes to its contact point.
The Parties recognise the importance of cooperation and consultation, based on the principle of mutual respect, and shall endeavour to resolve any matter arising under this Chapter.
After a request for information about a matter arising under this Chapter is made, the requesting Party may request in writing consultations with the other Party on the matter.
If a request for consultations is received in accordance with paragraph 2, the Parties shall enter into consultations in good faith no later than 150 days after the receipt of the request, unless agreed otherwise.
The Parties shall endeavour to achieve a mutually satisfactory resolution of the matter through consultations initiated in accordance with paragraph 3. The Parties may agree to seek advice from an independent expert or experts chosen by them to assist. The Parties shall document any outcome.
Consultations shall take place in the Committee on Trade and Sustainable Development.
Consultations may be held in person or by other technological means available.
Consultations under this Article, and the positions taken by the Parties during such consultations shall be confidential. Each Party shall treat any information exchanged in the consultations as confidential unless stated otherwise by the Party sharing the information.
8 The outcomes of consultations under this Article shall be made public, unless the Parties agree otherwise. If the outcome of consultations is published, it shall be published in a jointly agreed report.
9. For greater certainty, where the matter arising under this Chapter regards compliance with obligations under a multilateral environmental agreement to which the Parties are a party, the requesting Party shall, where appropriate, address the matter through the consultative procedure or other procedures under that multilateral environmental agreement.
The Parties shall review this Chapter in accordance with Article 20.4 (General Review), inviting, as appropriate, the views and participation of relevant stakeholders.
Non-application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 19 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 13. CULTURAL, TRADE, TRADITIONAL KNOWLEDGE AND ECONOMIC COOPERATION
Article Article 13.1 Objective
The Parties recognise that trade agreements play a role in facilitating and expanding trade, and economic opportunities for, with, and between people, including Māori for New Zealand, as well as addressing disparities, including to enhance trade for, with, and between them, to preserve, protect, and promote traditional knowledge, including traditional systems of medicine, and traditional cultural expressions. The Parties note that traditional knowledge and practices are important contributors to innovation, sustainability, and economic empowerment. The Parties intend to preserve and promote traditional language, culture and heritage that are vital for economic benefit and cultural continuity.
The Parties further recognise that integrating traditional knowledge into this Agreement can lead to shared economic growth, cultural preservation and sustainability. Further, the Parties affirm the importance of defensive protection mechanisms that assist in preventing the misappropriation of traditional knowledge, such as the Traditional Knowledge Digital Library (“TKDL”) of India and New Zealand’s Māori Cultural and Intellectual Property Committees.
The objective of this Chapter is to pursue mutual cooperation to contribute towards the Parties efforts to enable and advance their peoples’ economic and cultural aspirations, including Māori for New Zealand. The Parties recognise that for New Zealand, cooperation under this Chapter should be implemented in a manner consistent with te Tiriti o Waitangi / the Treaty of Waitangi.
The Parties recognise the following relevant multilateral instruments to which the Parties are party:
the United Nations Educational, Scientific and Cultural Organization Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in Paris on 20 October 2005; and
the Convention on Biological Diversity, particularly Article 8(j), adopted in Rio de Janeiro on 5 June 1992.
The Parties, subject to their respective reservations, affirm the following:
the United Nations Declaration on the Rights of Indigenous Peoples, adopted in New York on 13 September 2007 and their respective positions made on that Declaration;1, 2