(c) design and develop government processes, services, and policies with digital inclusion in mind,
(d) utilize emerging technologies to build capacity in anticipation of disasters and crises and facilitate proactive responses,
(e) realizing public value from government data through its application in public policy planning, delivery, and monitoring, and adopting rules and ethical principles for the reliable and secure use of data,
(f) promoting initiatives to upgrade the digital capabilities and skills of individuals and government employees,
3. Recognizing the importance of sharing experiences and benefiting from digital government initiatives, the Parties seek to cooperate in activities related to the digital transformation of government and government services, which may include:
(a) exchange information and advice in utilizing open source platforms and software, and building joint capacities,
(b) exchange best practices on digital government and digital delivery of government services,
(c) provide advice or training, including through the exchange of experiences, to assist the other party in building digital government capabilities, and
(d) cooperate in the application of e-signature, digital documents, and the creation af a mechanism for the certification of documents and e-signature around the world.
Article 9.13. Digital and Electronic Invoices
1. The Parties recognize the importance of digital and electronic invoicing in increasing the efficiency, accuracy, and reliability of commercial transactions, and each Party also recognizes the benefits of ensuring that the systems used for digital and electronic invoicing within its territory are interoperable with the systems used in the territory of the other Party.
2. Each Party seeks to ensure that the implementation of digital and electronic invoicing measures in its territory supports cross-border interoperability between the Parties' digital and electronic invoicing frameworks and, to this end, each Party seeks to base its digital and electronic invoicing measures on international frameworks.
3. The Parties recognize the economic importance of promoting the global adoption of digital and electronic invoicing systems, including international interoperable frameworks, and to this end, the Parties commit to seeking to;
(a) promoting, encouraging, supporting or facilitating the adoption of digital and electronic invoicing by businesses,
(b) promote the existence of policies, infrastructure and processes that support digital and electronic invoicing,
(c) creating awareness and building capacity for digital and electronic invoicing, and
(d) sharing best practices and promoting the adoption of interoperable international digital and electronic invoicing systems.
Article 9.14. Digital and Electronic Payments
1. Recognizing the rapid growth in digital and electronic payments, particularly those made by non-bank, non-financial institutions and fintech companies, the Parties shall seek to support the development of efficient and secure cross-border digital and electronic payments by:
(a) promoting the adoption and use of internationally accepted standards for digital and electronic payments
(b) promoting the interoperability and connectivity of digital payment infrastructures
(c) encouraging innovation and competition in digital and electronic payment services,
2. Tot his end, each Party shall endeavor to:
(a) make its laws and regulations of general application with respect to digital and electronic payments publicly available, including with respect to regulatory approval, licensing requirements, procedures, and technical standards,
(b) timely finalize decisions on regulatory approvals or licenses relating to digital and electronic payments,
(c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions with respect to access to the services and infrastructure needed to operate digital and electronic payment systems,
(d) adopt or utilize international standards for electronic data interchange between financial institutions and service providers to enable greater interoperability between digital and electronic payment systems,
(e) facilitate the use of open platforms and architectures such as tools and protocols provided through application programming interfaces and encourage payment service providers to securely provide APIs for their products and services to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and
(f) facilitate innovation, competition and the timely introduction of new financial and electronic payment products and services, such as the adoption of regulatory and industry sandboxes.
Article 9.15. Digital Identity
Recognizing that cooperation on digital identities for natural persons and enterprises will promote connectivity and further growth of digital commerce, and that each Party may take different legal and technical approaches to digital identities, the Parties shall pursue mechanisms to promote compatibility between their respective digital identity systems, This may include:
(a) develop appropriate frameworks and common standards to promote technical interoperability and provide appropriate mechanisms for access and verification of digital identity,
(b) develop comparable protection for digital identities under each Party's respective legal frameworks, or recognize their legal effects, whether granted independently or by agreement,
(c) support the development of international frameworks for digital identity systems,
(d) exchange knowledge and expertise on best practices related to digital identity policies and regulations, technical implementation and security standards, promoting the use of digital identities, and utilizing the best technical and legal practices for bilateral, Arab, and international identity accreditation.
Article 9.16. Cooperation
1. Recognizing the importance of digital commerce to their collective economies, the Parties shall endeavor to maintain a dialogue on regulatory matters related to digital commerce with a view to exchanging information and experiences, as appropriate, including relevant laws and regulations and their implementation, and best practices related to digital commerce, including with respect to:
(a) Online consumer protection,
(b) Personal data protection,
(c) anti-money laundering and terrorist financing, sanctions compliance for digital commerce,
(d) unsolicited commercial electronic messages,
(e) authentication,
(f) intellectual property aspects of digital commerce,
(g) challenges faced by SMEs in digital commerce, and
(h) Digital government.
2. The Parties share a common vision to promote secure digital commerce, recognizing that cybersecurity threats undermine trust in digital commerce. Accordingly, both parties recognize the importance of:
(a) build the capacity of government agencies responsible for responding to information security and cybersecurity incidents,
(b) utilize existing cooperation mechanisms to collaborate in identifying and mitigating malicious intrusions or malicious code propagation affecting the Parties' electronic networks,
(c) promote the development of a strong public and private sector cybersecurity workforce, including possible initiatives related to the mutual recognition of qualifications, and
(d) the Parties emphasize the importance of mutual cooperation regarding the regulation of unsolicited commercial electronic messages and seek to adopt the necessary regulatory and technical measures to reduce unsolicited commercial electronic messages in accordance with each Party's national legislation.
Chapter X. Intellectual Property
Section A. General Provisions
Definitions
For the purposes of this chapter: Intellectual property rights to the extent recognized under the legislation of each country include:
(a) copyright and neighboring rights,
(b) patents,
(c) trademarks,
(d) industrial designs (13),
(e) schematic (topographical) designs of integrated circuits,
(f) geographical indications,
(g) plant varieties, and
(h) Protection of undisclosed information.
"WIPO" means the World Intellectual Property Organization,
National means, with respect to the relevant right, a person of a Party who meets the eligibility criteria for protection set forth in the agreements listed in Article 4.10 (International Agreements) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).
Article 10.1. Objectives
The protection and enforcement of intellectual property rights should contribute to the promotion of trade, investment, innovation, technology transfer, and diffusion, for the mutual benefit of producers and users of technological knowledge and in a manner conducive to social and economic well-being, balancing rights and obligations, and promoting the most efficient protection of intellectual property rights.
Article 10.2. Principles
Nothing in this Chapter shall prevent any Party from taking appropriate measures to prevent abuse of intellectual property rights by rights holders or resort to practices that unreasonably restrict trade or adversely affect the international transfer of technology, provided that such measures are consistent with this Agreement.
Article 10.3. Nature and Scope of Obligations
Each Party undertakes to enforce and apply the provisions of this Chapter of this Agreement. Protection or enforcement of intellectual property rights may, but is not required, be provided on a broader scale than required by this Chapter, provided that such protection or enforcement is not inconsistent with the provisions of this Chapter. Each Party is free to determine the appropriate way to implement the provisions of this Chapter within its legal system, applicable practices, and international agreements to which a Party is a party.
Article 10.4. International Conventions
1. The Parties reaffirm their obligations under the following multilateral agreements:
(a) The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement),
(b) The Patent Cooperation Treaty of June 19, 1970, as amended by the Washington Act of 2001,
(c) The Paris Convention of March 20, 1883, for the Protection of Industrial Property, as amended by the Stockholm Convention of 1967,
(d) Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, as amended by the Paris Act of 1971,
(e) WIPO Convention on Performances and Phonograms of December 20, 1996,
(f) WIPO Treaty on Copyright of December 20, 1996,
(g) Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Proceedings of April 28, 1977,
(h) International Union for the Protection of New Varieties of Plants of 1991, and
(i) The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Article 10.5. Intellectual Property and Public Health
1. A Party may, in adopting or amending its laws and regulations, adopt measures necessary for the protection of human health and nutrition, and the promotion of public health in sectors of vital importance for social, economic, and technological development, provided that such measures are compatible with the provisions of this Chapter.
2. The Parties call for the importance of taking into account the principles set forth in the Declaration on TRIPS and Public Health adopted on November 14, 2001 (hereinafter referred to as the "Doha Declaration") by the Ministerial Conference of the World Trade Organization and affirm that the provisions of this Chapter are without prejudice to the Doha Declaration.
Article 10.6. Treatment of Nationals
The parties to this agreement shall accord to each other's nationals treatment no less favorable than that accorded to their own nationals. Exemptions/exceptions to this obligation shall be consistent with the substantive provisions of Article 3 of the TRIPS Agreement.
Article 10.7. Transparency
1. Each Party shall endeavor to make reasonable efforts, in accordance with its legal system and practices, to provide access to information relating to the application of Trademarks, Geographical Indications (Gls), trademarks, patents and plant variety rights granted and registered to the general public.
2. The Parties agree to facilitate access to publicly available databases of registered intellectual property rights that assist in identifying subject matter that is in the public domain.
3. Each Party shall endeavor to make such information available in English if possible.
Article 10.8. Entry Into Force (14)
1. Except as otherwise provided in this chapter, this chapter creates obligations with respect to all subject matter that exists on the date of entry into force of this Convention and is protected on that date in the territory of the Party in which protection is claimed, or that meets or subsequently comes to meet the criteria for protection under this Chapter.
2. No Party shall be required to restore protection to the subject matter which, on the date of entry into force of this Convention, was in the public domain in its territory.
3. This Chapter does not give rise to any obligations in respect of acts occurring prior to the date of entry into force of this Agreement.
Article 10.9. Enforcement of Intellectual Property Rights
Nothing in this Agreement shall prevent either Party from determining the conditions for the exhaustion of intellectual property rights that apply under its domestic laws and regulations.
Section B. Cooperation
Article 10.10. Cooperation Activities and Initiatives
The Parties shall seek to cooperate on the subject matter covered by this Chapter, for example through appropriate coordination, training and exchange of information between the Parties' intellectual property offices or other institutions, as determined by each Party. Cooperation activities and initiatives conducted under this Chapter shall be subject to the availability of resources, upon request, and on terms and conditions mutually agreed upon by the Parties. Collaboration may include areas such as:
1. Developments in domestic and international intellectual property policy,
2. IP management and registration systems,
3. Education and awareness-raising in relation to intellectual property,
4. Intellectual property matters relating to:
(a) small and medium-sized enterprises,
(b) science, technology, and innovation activities,
(c) technology innovation, transfer and diffusion, and
(d) the empowerment of women and youth.
5. The implementation of policies that involve the use of intellectual property in research, innovation and economic growth.
6. Implementation of multilateral intellectual property enforcement, enforcement of intellectual property rights or management of intellectual property rights.
7. Capacity building.
8. Enforcement of intellectual property rights; and
9. Such other activities and initiatives as may be mutually determined by the Parties,
Article 10.11. Patent Cooperation
1. The Parties shall endeavor to maintain the quality and efficiency of their patent enforcement systems as well as streamline the procedures and operations of their patent offices for the benefit of all users of the patent system and the public at large.
2. In addition to paragraph 1, the Parties shall endeavor to cooperate among their respective patent offices, which may include:
(a) the exchange of search and examination experience of the other Party's patent office,
(b) exchange information on quality assurance systems and quality standards related to patent examination.
3. The Parties shall endeavor to cooperate to minimize differences in the procedures and processes of their respective patent offices in a manner not inconsistent with the patent laws of both Parties.
Section C. Trademarks
Article 10.12. Types of Registrable Marks
1. A trademark is anything that takes a distinctive form of names, words, letters, symbols, numbers, drawings, pictures, images, inscriptions, shapes, colors, color or combinations of colors, a combination thereof, a sign or any other mark to the extent recognized by the legislation of each country, used or intended to be used to distinguish the goods or services of an establishment from the goods or services of other establishments or to indicate the performance of a service, and the nature of the goods or services for which registration is sought may not be an obstacle to the registration of the mark.
2. Each Party shall provide registration for the protection of collective marks and certification marks.
Article 10.13. Rights Granted
The registered trademark owner has the absolute right to prevent all third parties who have not obtained the consent of the mark owner from using the same or similar mark in their business. the same or similar goods and services as or similar to those advertised as the trademark when doing so could result in a likelihood of confusion. A likelihood of confusion is presumed if an identical trademark is used for identical goods or services. The rights described above shall not prejudice any existing pre-existing rights or affect the ability of the parties to grant rights in trademarks on the basis of use.
Article 10.14. Recognized/Famous Trademarks (15)
1. Neither party may use the terms of this Agreement to specify that a trademark is well-known or to specify that a trademark is registered of a specific party or legislation, or included in the list of well-known/famous trademarks, or previously recognized as a well-known/famous trademark.
2. The provisions of Article 6 bis of the Paris Convention (1967) shall apply, with the necessary qualifications, to the determination of whether the trademark is well-known. Member States shall take into account the extent to which the trademark is well known in the relevant public sector, including in the Member country concerned, as a result of the promotion of the trademark.
3. The provisions of Article 6 bis of the Paris Convention (1967) shall apply mutatis mutandis to goods or services that are not identical to those that have been registered as a trademark, provided that the trademark indicates with respect to those goods or services indicates a connection between those goods or services and the owner of the trademark the registered trademark owner, and provided that the registered trademark owner's interests are likely to be harmed by such use.
4. Each Party recognizes the importance of the provisions relating to the protection of marks as adopted by the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO in the series of the 34th Meeting of the Assemblies of WIPO Member States from September 20 to 29,1999.
5. Each Party shall provide appropriate measures to refuse the application or cancel the registration and prohibit the use of the identical or similar trademark toa well-known trademark, identical or similar products or services or similar, if the use of that trademark is likely to cause confusion with a previously recognized trademark, Either party may also provide for such measures, including in cases where a subsequent trademark is likely to be confusingly similar, in accordance with the internal legislation of each party.
Article 10.15. Procedural Aspects of Examination, Opposition and Cancellation
Each Party shall provide a system for the examination of trademarks, including, inter alia, other applications, to the extent recognized under the legislation of each State:
1. Inform the applicant in writing, which may be by electronic means, of the reasons for any refusal to register a trademark.
2. Provide the applicant with an opportunity to respond to correspondence from the competent authorities, and to appeal and file a judicial challenge to any final refusal to register a trademark.
3. provide an opportunity to oppose the registration of a trademark or request the cancellation of a trademark; (16)
4. Administrative decisions in opposition and revocation proceedings shall be in writing, which may be provided electronically.
Article 10.16. Electronic Trademark System
Each Party shall provide:
1. An electronic trademark application system.
2. A publicly accessible electronic information system, an online database, for trademark applications, for preliminary admission and registered trademarks.
Article 10.17. Classification of Goods and Services
Each Party shall adopt or maintain a trademark system that conforms to the Nice Agreement International Agreement on Goods and Services for the Registration of Marks, concluded at Nice on June 15, 1957, as revised and amended (Nice Agreement). Each party shall stipulate the following:
1. Registration certificates and declarations of preliminary acceptance of published applications must include the class and purpose for which the trademark is registered in accordance with the sequence defined for the Nice Classification of Goods and Services.
2. The goods or services shall not be deemed to be similar to each other on the basis that they are, in any one or more respects, in the same category of goods or services, To the contrary, each party must provide that the Products or Services may not be considered different from each other on the basis that, in any registration or publication, they are categorized in different NICE categories. If a dispute arises as to the class to which any recording or service belongs, the Board of Directors shall decide the dispute and its decision shall be final.
3. A Party relying on the Nice Translations must follow the updated versions of the Nice Translations to the extent that the official translations have been released and published.