For the purposes of this Chapter, “intellectual property” means copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout designs (topographies) of integrated circuits, protection of plant varieties and protection of undisclosed information, as intended in Sections 1 to 7 of Part II of the TRIPS Agreement. With respect to intellectual property, in the event of any inconsistency between any provision of this Chapter and any provision of the TRIPS Agreement, the latter shall prevail to the extent such inconsistency exists. 1. For the purposes of this Article, the Parties agree that the fact that this Chapter provides for more comprehensive intellectual property protection than that required by the TRIPS Agreement does not constitute an inconsistency within the meaning of this Article and paragraph 2 of article 20.2 (Relation to other agreements).
For the purposes of this paragraph, a "national" of a Party shall, in respect of the relevant law, include any person as defined in subparagraph (t) of Article 1.2 (General Definitions) of that Party who meets the eligibility criteria will comply. for protection provided for in the agreements listed in Article 11.9 (Multilateral agreements) and the TRIPS Agreement. In recognition of the parties' commitment to access to medicines and public health, this Chapter prevents and should not prevent the effective use of Article 31bis of the TRIPS Agreement, and the Annex and Annex to the Annex to the TRIPS Agreement. The Parties recognize the importance of contributing to the international efforts to implement Article 31bis of the TRIPS Agreement, and the Annex and Annex to the Annex to the TRIPS Agreement.
Each Party shall endeavor to ratify or accede to the following multilateral agreement to which it is not yet a party: Budapest Treaty on the International Recognition of Micro-Deposit. body for purposes of patent procedure done at Budapest on April 28, 1977, amended on September 26, 1980.
Trademarks Protection
For greater certainty, a Party may accept or maintain limitations or exceptions to the fair use rights set forth in paragraph 1, provided that any such limitation or exception is limited as provided in paragraph 1.
Protection of Collective Marks and Certification Marks 1. Each Party shall provide that trademarks include collective marks
Each Party shall endeavor to provide an appropriate balance in its copyright and related rights system, including through limitations and exceptions in accordance with paragraph 1, for legitimate purposes, which include education, research, criticism, commentary, news reporting, and to facilitate access to published works for persons who are blind, visually impaired or otherwise print impaired. Each Party shall also provide that signs which may serve as geographical indications are capable of protection under its trademark system in accordance with its laws and regulations.
Trademarks Classification System
Registration and Applications of Trademarks
Each Party shall also provide that signs which may serve as geographical indications are capable of protection under its trademark system in accordance with its laws and regulations. d) an opportunity to do at least one of the following in relation to a trade mark after it has been registered: ii) request the revocation of the registration; iii) request cancellation of registration; or (iv) request the invalidity of the registration; and. e) a request that the administrative decisions17 in the objection, revocation, annulment or invalidity procedure be reasoned and in writing. Such decisions may be rendered electronically. a) a system for electronic application for the processing, registration and maintenance of trademarks; and. b) a publicly accessible online electronic database of trademark applications and registrations.
Rights Conferred
Exceptions
Protection of Trademarks that Predate Geographical Indications
Protection of Well-Known Trademarks
Bad Faith Trademarks 21
Article 11.28: One and the Same Application Relating to Several Goods or Services
Protection of Geographical Indications
Article 11.30: Domestic Administrative Procedures for the Protection of Geographical Indications
With regard to the protection of a geographical indication referred to in paragraph 1, the Contracting Party shall provide procedures for the revocation25 of the protection granted to the geographical indication. 23 For greater certainty, a Contracting Party may require that an application for the protection of a geographical indication originating in another Contracting Party include evidence that indicates to the satisfaction of the first Contracting Party that the geographical indication is protected in that other Contracting Party. 24 The Parties understand that for the purposes of this subparagraph, reasonable procedures and formalities may be considered not overly burdensome procedures and formalities.
25 For greater certainty, for the purposes of this section, cancellation may be effected through cancellation or revocation proceedings.
Grounds for Opposition and Cancellation
With respect to the cancellation procedure referred to in paragraph 2 of Article 11.30 (Domestic Administrative Procedures for the Protection of Geographical Indications), no Party shall exclude the possibility that the protection of a geographical indication may be cancelled, or otherwise terminated, on grounds of the protected term having ceased to meet the conditions on which the protection was originally granted in that Party.
Multi-Component Terms
Date of Protection of a Geographical Indication The protection of a geographical indication through a Party’s domestic
Article 11.34: Protection or Recognition of Geographical Indications Pursuant to International Agreements
Article 11.35: Protection or Recognition of Geographical Indications under Concluded International Agreements
Patentable Subject Matter
The Parties shall review this paragraph upon any amendment to Article 27(3)(b) of the TRIPS Agreement in order to decide whether to adopt a similar amendment to this paragraph.
Rights Conferred
Exceptions to Rights Conferred
Other Use without Authorisation of the Right Holder For greater certainty, nothing in this Agreement shall limit a Party’s rights
Experimental Use of a Patent
Procedural Aspects of Examination and Registration 1. The Parties recognise the importance of improving the quality and
Grace Period for Patents
Electronic Patent Application System
18-Month Publication
If a pending application is not published without delay in accordance with paragraph 1, the Party shall publish that application or the corresponding patent as soon as practicable. Nothing in this Article shall be construed as imposing an obligation on a Party to disclose information the disclosure of which it believes would be contrary to its national security or to public order or morality. Each Party shall provide that the applicant may request early publication of an application before the expiry of the period referred to in paragraph 1.
Information as Prior Art Made Available to the Public on the Internet
Expedited Examination
Article 11.47: Introduction of International Patent Classification System
Protection of New Varieties of Plants 38
Protection of Industrial Designs
Information as Prior Art for Designs Made Available to the Public on the Internet 39
Registration or Grant and Applications of Industrial Designs
Introduction of International Classification System for Industrial Designs
Article 11.53: Genetic Resources, Traditional Knowledge, and Folklore
Effective Protection against Unfair Competition Each Party shall provide for effective protection against acts of unfair
Domain Names
Protection of Undisclosed Information
COUNTRY NAMES
- Country Names
- GENERAL OBLIGATIONS
- General Obligations
- CIVIL REMEDIES 47
- Fair and Equitable Procedures
- Damages
- Court Costs and Fees
- Article 11.62: Destroying Infringing Goods and Materials and Implements
- Confidential Information in Civil Judicial Proceedings Each Party shall provide that in civil judicial proceedings concerning the
- Provisional Measures
- BORDER MEASURES
- Article 11.65: Suspension of the Release of Suspected Pirated Copyright Goods or Counterfeit Trademark Goods by Right
- Applications for Suspension or Detention
- Security or Equivalent Assurance
- Information Provided by Competent Authorities to Right Holders
- Article 11.69: Suspension of the Release of Suspected Pirated Copyright Goods or Counterfeit Trademark Goods by Ex Officio
- Information Provided by Right Holders to Competent Authorities in Case of Ex Officio Action
- Infringement Determination within Reasonable Period by Competent Authorities 60
- Destruction Order by Competent Authorities
- Fees
- CRIMINAL REMEDIES
- Criminal Procedures and Penalties
- Effective Action against Infringement in the Digital Environment
- Cooperation and Dialogue
- Transparency
- Article 11.78: Transitional Periods for Least Developed Country Parties under the TRIPS Agreement
- Party-Specific Transition Periods
- Notifications in Relation to Party-Specific Transition Periods
- Technical Assistance
- Improvement of Procedures for the Administration of Intellectual Property Rights
- Streamlining of Procedural Requirements on Paper Further to Article 11.82 (Improvement of Procedures for the
47 A Party may comply with the obligations under this Subsection to provide civil judicial procedures in relation to the enforcement of geographical indications in accordance with footnote 4 of Article 23 of the TRIPS Agreement. 49 A party may also determine that the rights holder may not be entitled to any of the remedies set out in paragraphs 1 and 3 if there is a finding of non-use of a trademark. 50 For greater certainty, a Party's judicial authorities may have the authority to consider the value of the infringing goods or services measured by their market price, in determining the amount of damages, where appropriate.
In civil proceedings relating to trademark counterfeiting, each Party shall ensure that its judicial authorities are empowered to take provisional measures to order the seizure or other seizure of goods suspected of infringing copyright and both of the following: a) materials and paraphernalia that were predominantly used in the act of alleged infringement; and. 54 For greater certainty, the Parties understand that the judicial authorities are authorized to order the removal of materials and equipment, but may also have the authority to order the destruction of such materials and equipment without compensation in lieu of removal. . In civil legal proceedings relating to the infringement of copyright or related rights, each Party shall ensure that its judicial authorities are empowered to take provisional measures to order the seizure or other confiscation of the goods for the alleged infringement and at least one of the following:. a) materials and tools that were mainly used in the act of the alleged violation; or b) documentary evidence relevant to the alleged violation.
For greater certainty, the Parties understand that provisional measures shall be implemented in accordance with paragraphs 4 to 8 of Article 50 of the TRIPS Agreement. Each Party shall adopt or maintain procedures56 with respect to import shipments under which a right holder who has reasonable grounds to believe that the importation of pirated copyrighted goods or counterfeit goods may be taking place may make an application to the Party's competent authorities to suspend the release of the suspected pirated copyright goods or counterfeit trademark goods57 in accordance with Article 51 of the TRIPS Agreement. Each Party shall ensure that its competent authorities shall have the power to require a rightholder to initiate procedures referred to in Article 11.65 (suspension of release of suspected pirated copyright goods or counterfeit trademark goods at the rightholder's application) to post a security or equivalent insurance sufficient to protect the defendant and the competent authorities and prevent abuse.
Without prejudice to the privacy laws and regulations of a Party where its competent authorities have withheld or suspended the release of goods suspected of being pirated copyrighted goods or counterfeit goods, that Party may determine that its competent authorities has the authority to inform the right holder of the name and address of the consignor, importer or consignee a description of the goods; the quantity of the goods; and, if known, the country of origin of the goods. Each Party shall ensure that the importer and licensee are immediately notified of the suspension if its competent authorities act on its own initiative. That Party shall ensure that, if its competent authorities act on its own initiative, the exporter and the right holder shall be immediately notified of the suspension.
Each Party shall adopt or maintain procedures according to which its competent authorities may determine, within a reasonable period of time after the initiation of the procedures described in Article 11.65 (Suspension of the Release of Suspected Movable Copyright Goods or Counterfeit Trademark Goods by Rightholder's Application) and Article 11.69 ( Suspension of Release of Suspected Pirated Copyrighted or Counterfeit Branded Goods by Ex Officio Action), whether suspected pirated copyrighted goods or counterfeited branded goods infringe intellectual property rights. Each Party shall provide that, without prejudice to other rights of action open to the right holder and subject to the right of the defendant to request review by a judicial authority, its competent authorities shall have the authority to order the destruction orders and the authority to order the disposal of goods determined to be pirated copyrighted goods or counterfeit trademarked goods.
