Each Party shall provide that the initial registration and each renewal of a trademark registration shall be for a period of not less than 10 years.
Article 10.19. License
No party may require the registration of trademark licenses. The owner of the trademark may authorize one or more persons by written contract to use the trademark for any of his goods, and the owner of this mark has the right to continue to use it unless otherwise agreed, and the term of the license to use the trademark may not exceed the period legally prescribed for its protection, and this contract may be deposited with the Registrar.
Article 10.20. Country Names
Each Party shall provide legal means for interested persons to prevent the commercial use of the Party's country name in connection with a particular good in a manner that misleads consumers as to the origin of that good.
Section D. Geographical Indications
Article 10.21. Geographical Indications
The Parties recognize that geographical indications may be protected to the extent recognized under the legislation of each Party.
Section E. Patents and Industrial Designs
Article 10.22. Grace Period
1. Each party shall disregard information contained in a public disclosure of an invention related to a patent application if the public disclosure:
(a) is made by the inventor or applicant or a person who obtained the information from the inventor or applicant within or outside the territory of each party; and
(b) was made within at least 12 months prior to the filing date of the application or the date of claiming priority in accordance with the domestic legislation of each Party.
2. Each Party shall disregard information contained in a public disclosure of any design in connection with an application for registration of an industrial design ifthe public disclosure:
(a) is made by the designer or applicant or a person who obtained the information from the designer or applicant within or outside the territory of each Party; and
(b) was made within at least 12 months prior to the date of filing the application or the date of claiming priority, under the legislation of each Party.
Article 10.23. Procedural Aspects of Examination, Opposition and Invalidation of Certain Registered Patents and Industrial Designs
Each Party shall provide a system for the examination and registration of patents or industrial designs to the extent recognized under its legislation that includes, among other things:
1. Informing the applicant in writing, which may be by electronic means, of the reasons for any refusal to register a patent or industrial design.
2. Giving the applicant an opportunity to respond to correspondence from the competent authority and, to the extent recognized under the legislation of each Party, to appeal and lodge a judicial challenge to any final refusal to register a patent or industrial design.
3. Provide an opportunity for interested parties to seek revocation or invalidation ofa registered patent or industrial design, as well as an opportunity for interested parties to object to the registration ofa patent or industrial design.
4. Decisions in opposition, revocation or invalidation proceedings shall be reasoned and in writing, which may be delivered face-to-face or by electronic means as per the legal requirements of each party.
Article 10.24. Amendments, Corrections and Observations
1. Each Party shall provide an applicant for a patent or industrial design at least one opportunity to make amendments, corrections, or observations with respect to its application, provided that such amendments or corrections do not alter or expand the scope of disclosure of the subject matter of the application for patent protection or industrial design right as a whole.
2. Each party shall give the holder of the right to the patent or industrial model opportunities to make amendments or corrections after registration, provided that the amendments or corrections are based on legal acts such as a change of name, address, transfer of ownership, etc.
Article 10.25. Protection of Industrial Designs, Industrial Decrees and Industrial Modelse
1. The Parties emphasize the provision of adequate and effective protection of industrial designs, industrial drawings and industrial models in accordance with the legislation of each Party.
2. The period of protection available for registered industrial designs shall be at least fifteen years from the date of filing or the priority date (if any) in accordance with the legislation of each Party.
Article 25.10. Exceptions
A Party may make limited exceptions to the exceptional rights conferred by a patent or industrial design, provided that such exceptions do not unreasonably interfere with the normal exploitation of the patent or industrial design and do not unreasonably prejudice the legitimate interests of the right holder, taking into account the legitimate interests of third parties and are not inconsistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Section F. Copyright and Neighboring Rights
Definitions
For the purposes of Article 26.10 (reproduction right) and 1028 (distribution right), the following definitions apply in relation to performers and producers of sound recordings:
Performance means a performance fixed in a sound recording unless otherwise provided, copyright and neighbouring rights means the term right to license or prohibit exclusive rights.
Broadcast means the wireless transmission for public reception of sounds, images, voices or representations thereof; such transmission by satellite is also a "broadcast"; the transmission of encrypted signals shall be deemed to be a "broadcast" if the means of decryption are made available to the public by or with the consent of the broadcaster.
Transmission of a performance or sound recording to the public means the transmission to the public by any means, other than radio broadcasting, of the sounds of a performance or the voices or representations of voices fixed in a sound recording. Fixation means the embodiment of sounds or representations of sounds by means of which they can be received, reproduced, or transmitted through a device.
Performers means actors, singers, musicians, dancers and other persons who act, sing, recite, orate, play, interpret or perform literary or artistic works or folkloric expressions.
Sound recording means the fixation of performance or other sounds or the representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work.
Producer of a sound recording means the person who takes the initiative and is responsible for the first fixing of the sounds of the performance or other sounds or representation of sounds; and
publishing a performance or sound recording means offering copies of the performance or sound recording to the public with the consent of the right holder, provided that the copies are offered to the public in reasonable quantities.
Article 10.26. Reproduction
Each Party grants authors, performers and producers of sound recordings the exclusive right to authorize or prohibit all copies of their works, performances or sound recordings in any manner or form, including in electronic form.
Article 10.27. Right of Transmission to the Public
Without prejudice to Article 11(1)(2), Article 11bis(1)(i) and (ii), Article 11bis(3), Article 14(1)(2), Article 14(1)(2) and Article 14bis (1) of the Berne Convention, each Party must grant authors the right to restrict or prohibit the transmission of their works to the public, by proprietary or nonproprietary means, including making their works available to the public to the public in such a way as to allow members of the public to access such works from a place and at a time of their individual choice.
Article 10.28. Distribution Rights
Each Party grants authors, performers and producers of sound recordings the exclusive right to authorize or prohibit the making of originals and copies of their works, performances and sound recordings available to the public through sale or transfer of ownership.
Article 10.29. Copyright Neighboring Rights
1. Each Party shall grant the rights provided for in this Chapter with respect to performers and producers of sound recordings: to performers and producers of sound recordings who are nationals of the other Party; and performances of performances or sound recordings published or fixed for the first time in the territory of the other Party. A performance or sound recording shall be deemed to be published for the first time in the territory of a Party if it is published in the territory of that Party within 30 days from the date of its original publication.
2. Each Party grants to Performers the exclusive right to authorize or prohibit:
(a) broadcast and transmit to the public their unproven performances, unless the performance is already a broadcast performance; and
(b) fix their unproven performances.
3.(a) Each Party grants performers and producers of sound recordings the exclusive right to authorize or prohibit the broadcast or other transmission of their performances or sound recordings to the public, by wired or wireless means, and to make such performances or sound recordings available to the public in such a way that members of the public can access them from a place and ata time of their individual choice,
(b) Notwithstanding subparagraph (a) and article 31,10 Limitations and exceptions, the application of the right referred to in subparagraph (a) to analog transmissions and free non-interactive over-the-air broadcasting, and exceptions or limitations to this right for these activities, is a matter of the law of each Party,
Article 10.30. Duration of Copyright and Neighboring Rights Protection
Each Party shall stipulate in cases where the duration of protection of a work, performance or sound recording is calculated:
1. Based on the life of a natural person, the term shall be not less than the duration of the author's life and 50 years after the author's death; and
2. On a basis other than the life of a natural person, the term shall be as follows:
(a) Not less than 50 years from the end of the calendar year of the first authorized publication of the work, performance or sound recording,
(b) Anonymous and borrowed works are protected for 50 years from the beginning of the calendar year following the year in which the work, performance or sound recording was first published, but not less than 50 years from the end of the calendar year in which the work, performance or sound recording was created,
(c) Protection of works of applied arts for 25 years from the date of their actual realization; or
(d) Broadcasting rights are protected for 20 years from the first of the calendar year following the year in which the broadcast was made.
Article 10.32. Limitations and Exceptions
1. With respect to this section, each Party shall limit the restrictions or limitations on rights and exceptions to certain situations that do not interfere with the normal utilization of the work, performance, or performance, nor unreasonably prejudice the legitimate interests of the right holder.
2. This Article shall not reduce or extend the scope of the restrictions and exceptions permitted by the TRIPS Agreement, the Berne Convention, the WIPO Copyright Treaty or the WIPO Performances and Phonograms Treaty.
Article 10.33. Balance In Copyright and Neighboring Rights Regimes
Each Party shall endeavor to achieve a proper balance in the system of copyright and neighboring rights, inter alia through limitations or exceptions that are consistent with Article 32.10 (Restrictions), including those in the digital environment, with due regard to legitimate purposes, including but not limited to criticism, commentary, news reporting, teaching, scholarship, research, and other purposes.
Article 10.34. Contractual Transfers
Each party shall, for copyright and neighboring rights, stipulate that any person who acquires or owns any economic right in a work, performance or sound recording:
1. May freely and separately transfer that right under the contract; and
2. By contract, including labor contracts that are based on the creation of works, performances, or phonograms, must be authorized to exercise this right on behalf of that person and fully enjoy the benefits derived from this right.
Article 10.35. Obligations Relating to the Protection of Technological Measures and Rights Management Information
1. Each Party shall provide adequate legal protection and effective legal means to prevent the circumvention of effective technological measures that used by authors, performers or producers of works in connection with the exercise of their rights as provided for in Article 26,10 (right of reproduction), and Article 27.10 (right of transmission to the public), Article 28,10 (right of distribution) and Article 29,10 (Neighboring rights to copyright) of this Convention, which restricts acts, in connection with their works, performances or recordings, unauthorized by the respective authors, performers or producers of sound recordings or authorized by law.
2. Each party shall provide adequate and effective legal remedies against any person who intentionally, without written authorization, removes or changes any Electronic Rights Management Information and/or distributes or distribute, broadcast or transmit to the public, without authorization, or works or copies of works in which electronic rights management information has been removed or altered without written authorization.
Article 10.36. General Obligation to Perform
Each Party shall ensure that enforcement procedures as set forth in this section are available under its law to allow effective action to be taken against any act of infringement of intellectual property rights that covered by this chapter, including measures to prevent infringement and measures to deter Infringement and measures to deter infringement and measures to deter infringement, These procedures shall be applied in a manner that avoids creating barriers to legitimate trade and provides safeguards against abuse.
Article 10.37. Border Procedures
1. Each Party shall implement border measures to protect intellectual property rights subject to protection under applicable legislation in accordance with its domestic laws and regulations and in accordance with the provisions of the TRIPS Agreement, allowing any Party to apply to stop the release of goods by customs authorities.
2. A party may make such a request with respect to any such request that involves other infringements of intellectual property rights other intellectual property rights, provided that the requirements of Part Ill, Section 4 of the TRIPS Agreement are met, A Party may also provide countermeasures for the suspension of customs duties and the release of an infringement directed To be managed from its territory in accordance with its local laws and regulations, without prejudice to the obligations of the other party to apply the measures to goods entering its territory.
Chapter 11. Investment
Article 11.1. Agreement for the Encouragement and Mutual Protection of Investments between the Hashemite Kingdom of Jordan and the United Arab Emirates
The Parties are bound by the Agreement between the Government of the Hashemite Kingdom of Jordan and the United Arab Emirates, signed in Amman on April 15, 2009 ("Agreement for the Encouragement and Mutual Protection of Investments between the Hashemite Kingdom of Jordan and the United Arab Emirates") and reaffirm it and any other amendments that may arise thereto.
Article 11.2. Investment Promotion
The Parties affirm their desire to promote an attractive investment climate and expand trade in goods and services, in line with the Agreement for the Reciprocal Promotion and Protection of Investments between the Hashemite Kingdom of Jordan and the United Arab Emirates, and shall take appropriate measures to encourage and facilitate the exchange of goods and services and provide favorable conditions for long-term economic development and diversification of trade between the two countries.
Article 11.3. Technical Council
The Parties shall establish the Jordan-UAE Investment Council (the "Council"), in accordance with the requirements of Chapter XV of this Agreement, which consists of representatives from both parties, The Jordanian side is represented by the Ministry of Investment and the UAE side by the Ministry of Finance, form working groups as deemed necessary by both parties.
Article 11.4. Objectives of the Council
The objectives of the Council are as follows:
1. Promote and strengthen economic cooperation between the two parties;
2. Monitor trade and investment relations, identify opportunities to expand investment, and identify investment-related matters that may be suitable for negotiation in an appropriate forum;
3. Hold consultations on specific investment issues of mutual interest;
4. Work to promote investment flows;
5. Identify barriers to investment flows and work to remove them; and
6. Seek the views of the private sector, where appropriate, on matters related to the work of the Council.
Article 11.5. Functions of the Council
The Council shall meet at such times and places as the Parties agree, but the Parties shall endeavor to meet at least once a year. A Party may refer a particular trade or investment matter to the Council by submitting a written request to the other Party that includes a description of the matter in question. The Council shall consider the matter immediately after receipt of the request unless the requesting party agrees to postpone discussion of the matter. Each Party shall endeavor to provide an opportunity for the Council to discuss matters before taking actions that could adversely affect the commercial or investment interests of the other Party.
Article 11.6. Dispute Resolution
The Parties agree that any dispute arising from the application or interpretation of this Chapter shall not be subject to any dispute resolution mechanism.
Chapter 12. Dispute Resolution
Article 12.1. Objective
The objective of this Chapter is to establish an effective mechanism to avoid and settle disputes between the Parties whenever they relate to the interpretation and application of this Agreement in order to reach, wherever possible, a mutually agreed solution.
Article 12.2. Cooperation
The Parties shall endeavor to agree on the interpretation and application of this Agreement, and shall use their best efforts through cooperation to reach a mutually satisfactory solution to any matter that may affect its operation.
Article 12.3. Scope of Application
1. Unless otherwise provided in this Agreement, this chapter shall apply with respect to the resolution of any dispute between the Parties concerning the interpretation, implementation or application of this Agreement (hereinafter referred to as "Covered Provisions"), whenever a Party:
(a) that any action taken by the other party is inconsistent with its obligations under this Agreement; or
(b) that the other party has failed to perform its obligations under this Agreement.
2. Non-infringement complaints and other status complaints are not covered by this chapter.
Article 12.4. Points of Contact
1. Each Party shall designate a point of contact to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
2. Any request, notification, written document or other document issued pursuant to this Chapter shall be delivered to the other party through its designated point of contact.
Article 12.5. Request for Information
Before requesting consultations, good offices, conciliation or mediation in accordance with Article 6 or 7 respectively, either Party may request by written request any relevant information with respect to the procedure in question. The Party to which such a request is made shall use its best endeavors to provide the requested information in the form of a written response to be submitted no later than 20 days from the date of receipt of the request.
Article 12.6. Consultations
1. The Parties shall endeavor to settle any dispute referred to in Article 3 by engaging in consultations in good faith with a view to reaching a mutually agreeable solution.
2. Each Party shall seek consultations by submitting a written request delivered to the other Party specifying the reasons for the request, including the action in question, a description of its factual basis, and the legal basis that identifies the covered provisions of the Convention it considers applicable to the dispute.
3. The Party to which the request for consultations is submitted shall respond immediately to the request and no later than 10 days from the date of receipt of the request.
4. Consultations must be held within 30 days of receipt of the request, unless otherwise agreed by the parties.
5. If the party to whom the request for consultations is made does not respond to the request within 10 days from the date of receipt of the request or the consultations are not held within 30 days from the date of receipt of the request, Consultations shall be deemed terminated after 30 days from the date of receipt of the request.
6. Consultations on urgent matters, including those relating to perishable goods, shall be held within 15 days from the date of receipt of the request. Consultations shall be deemed concluded within those 15 days unless otherwise agreed by the Parties.
7. During the consultations, each Party undertakes to provide sufficient information to allow for a full examination of the measure in question, including how the measure may affect the implementation and application of this Agreement.
8. The consultations, including all information disclosed and positions taken by the parties during the consultations, shall be confidential and without prejudice to the rights of either party in any further proceedings.
9. Consultations may be conducted in person or by any other means of communication agreed to by the Parties. Unless otherwise agreed by the Parties, consultations, if conducted in person, shall take place in the territory of the Party to which the request is made.
10. If the party to whom the request for consultations was made does not respond to the request for consultations within 10 days of receipt, or ifthe consultations are not held within the time frames set forth in paragraph 3 or paragraph 4, respectively, or if the parties agree not to hold any such consultations, or if the consultations are completed and no mutually agreed upon solution is reached, the party that sought the consultations may invoke Article 8.
Article 12.7. Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to enter into good offices procedures for conciliation or mediation. Such proceedings may commence at any time and may be terminated by either party at any time.
2. Proceedings involving good offices, conciliation, or mediation and the particular positions taken by the parties in such proceedings shall be confidential and without prejudice to the rights of either party to any other proceedings under this chapter or any other proceedings before any entity chosen by the parties.
3. If the parties agree, the good offices, conciliation, or mediation proceedings may continue while the Dispute Resolution Committee proceedings provided for in Article 8 of this Chapter are being pursued,
Article 12.8. Establishment of the Dispute Resolution Committee
1. The complaining party may request the establishment of a Dispute Settlement Panel (the "Panel") in the following cases:
(a) if the complaining Party does not respond to the request for consultations in accordance with the time frames referred to in Article 6,12 (Consultations) of this Agreement,
(b) If the consultations referred to in Article 6.12 (Consultations) of this Agreement have not been held or have not led to the settlement of the dispute within 30 days or, for urgent matters including those involving perishable goods, 15 days after the date of receipt of the request for consultations by the respondent.
2. A request for the establishment of the Committee shall be made by a written request delivered to the other Party, which shall specify the procedure in question and identify the factual basis of the complaint and the legal basis that adequately defines the provisions covered by this Agreement.
3. Upon submission of a request by the complaining Party in accordance with paragraph 4, the Committee shall be established,
Article 12.9. Composition of the Dispute Resolution Committee
1. Unless otherwise agreed by the Parties, the Committee shall consist of three members.
2. Each Party shall, within 20 days of the date of establishment of the Committee, appoint a member of the Committee. The parties shall, by mutual agreement, appoint the third committee member, who shall serve as the chairperson of the committee, within 40 days from the date of establishment of the committee.
3. If either party fails to appoint its committee member within the time period specified in paragraph (2) of this Article, the other party may request the Secretary-General of the PCA to appoint the unappointed committee member within 20 days from the date of such request.
4. If the Parties do not agree on the Chairperson of the Committee within the time period specified in paragraph 2, they shall, within the following 10 days, exchange their respective lists of three candidates, none of whom shall be nationals of either Party. The Chairperson of the Commission shall then be appointed by drawing lots from the lists within 10 days after the end of the time period during which the parties exchange their respective lists of candidates. The chairperson is selected by lot by the members of the commission in the presence of representatives of each party.
5. If a party fails to submit its list of three candidates within the time period specified in paragraph (4} of this Article, the Chairperson of the Commission shall be appointed by drawing lots from the list submitted by the other party.
6. The date of formation of the Committee shall be the date on which the last of the three selected members of the Committee notifies the Parties of the acceptance of hisappointment,
Article 12.10. Decisions on Urgent Matters
The Commission shall determine, at the request of either party, within 15 days from the date of its formation, whether or not the dispute concems an urgent matter.
Article 12.11. Conditions to Be Met by Committee Members
1. Each member of the Commission:
(a) must have proven expertise in law, international trade, and other matters covered by this Agreement,
(b) must be independent of, not affiliated with, and not receive instructions from either Party,
(c) must act in his or her individual capacity and not receive any instructions from any organization or government with respect to matters related to the dispute,
(d) Must comply with the Code of Conduct for Committee Members contained in Annex 2, and
(e) must be selected on the basis of objectivity, reliability and sound judgment.
2. The Chair of the Committee must have experience in dispute resolution procedures; and