The preceding sentence shall be without prejudice to any Party's interpretation of “matters affecting the use of intellectual property rights” in footnote 3 of the TRIPS Agreement. Further to Article 26.2 (Publication) and Article 18.73.1 (Enforcement Practices Relating to Intellectual Property Rights), each Party shall endeavor to make available on the Internet its laws, regulations, procedures and administrative rulings of general application relating to the protection and enforcement of intellectual property rights.
Exceptions
Well-Known Trademarks
Procedural Aspects of Examination, Opposition and Cancellation
Electronic Trademarks System Each Party shall provide
Classification of Goods and Services
Conversely, each Party shall provide that goods or services may not be regarded as different from each other by reason of the fact that, in any registration or publication, they are classified in different classes of the Nice Classification.
Term of Protection for Trademarks
Non-Recordal of a Licence
Domain Names
In connection with each Party's system for managing ccTLD domain names, appropriate remedies17 will be available at least in cases where a person, with bad faith intent to make a profit, registers or holds a domain name that is identical or confusing similar to a trademark.
Country Names
Recognition of Geographical Indications
Administrative Procedures for the Protection or Recognition of Geographical Indications
If a Party has protected or recognized a geographical indication through the procedures referred to in Article 18.31 (Administrative Procedures for the Protection or Recognition of Geographical Indications), that Party shall provide procedures that enable interested parties to request the cancellation of a geographical indication, and which allows the protection or recognition to be cancelled, at least, on the grounds listed in paragraph 1. A Party may provide that the grounds listed in paragraph 1 shall apply from the time of submission of the request for protection or recognition of a geographical indication in the territory of the Party.22.
Multi-Component Terms
Date of Protection of a Geographical Indication
International Agreements
For the purposes of this Article, a Party shall not exclude the possibility that the protection or recognition of a geographical indication may cease. No Party shall be obliged to apply this Article to geographical indications that are specifically identified in, and that are protected or recognized in terms of, an international agreement to which a Party or a non-Party is involved, provided that the agreement:. a) was concluded, or agreed in principle29, before the date of conclusion, or agreement in principle, of this Agreement;.
Patentable Subject Matter
Grace Period
Patent Revocation
Exceptions
Other Use Without Authorisation of the Right Holder
Patent Filing
Amendments, Corrections and Observations
Publication of Patent Applications
Information Relating to Published Patent Applications and Granted Patents
Patent Term Adjustment for Unreasonable Granting Authority Delays
Each Party shall ensure that the applicant may request early publication of the application before the expiry of the period referred to in paragraph 1.
Protection of Undisclosed Test or Other Data for Agricultural Chemical Products
For the purposes of this Article, a new agricultural chemical product is one that contains44 a chemical entity that has not previously been approved in the territory of a Party for use in an agricultural chemical product.
Patent Term Adjustment for Unreasonable Curtailment
Regulatory Review Exception
Notwithstanding paragraphs 1 and 2 and Article 18.51 (Biology), a Party may take measures to protect public health in accordance with: a) the Declaration on TRIPS and Public Health;. For the purposes of Article 18.50.2(b) (Protection of unknown test or other data), a Party may choose to protect only the unknown test or other data regarding the safety and efficacy in relation to the chemical entity not previously has not been approved. . With respect to the protection of new biological agents, a Party must either: a) in relation to the first marketing approval in a Party of a new pharmaceutical product that is or contains a biological agent, 59,60 effective market protection provided by the implementation of Article 18.50.1 (Protection of Undisclosed Test or Other Data) and Article 18.50.3, mutatis mutandis, for a period of at least eight years from the date of first marketing approval of that product in that Party; or, alternatively, .
Definition of New Pharmaceutical Product
Measures Relating to the Marketing of Certain Pharmaceutical Products
Recognizing that the new international and domestic regulation. c) procedures, such as judicial or administrative proceedings, and expeditious means, such as preliminary injunctions or equivalent effective interim measures, for the timely resolution of disputes concerning the validity or infringement of an applicable patent claiming a product approved pharmaceutical or its approved method use. As an alternative to paragraph 1, a Party shall instead adopt or maintain a system other than judicial proceedings that it excludes, based on patent-related information submitted to the marketing approval authority by a patent holder or applicant for marketing approval, or based on coordination between the marketing approval authority and the patent office, the issuance of marketing approval to any third person seeking to market a pharmaceutical product subject to a patent claiming that product, unless with consent or acceptance of the patent holder.
Alteration of Period of Protection
Protection
Improving Industrial Design Systems
Definitions
Right of Reproduction
Right of Communication to the Public
Right of Distribution
No Hierarchy
Related Rights
Term of Protection for Copyright and Related Rights
Application of Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement
Limitations and Exceptions
Balance in Copyright and Related Rights Systems
Contractual Transfers
Each Party shall provide for criminal procedures and penalties to be applied if any person is found to have engaged intentionally88 and for purposes of commercial gain or financial gain89 in any of the above activities.90. 84 For greater certainty, no Party shall be required to impose civil or criminal liability under this subparagraph on a person who circumvents any effective technological measure protecting any of the exclusive rights of copyright or related rights in a work , protected performance or. A Party may also provide that the remedies provided for in Article 18.74 (Civil and Administrative Procedures and Remedies) shall not apply to any of the same entities, provided that the above activities are performed in good faith without knowledge that the conduct is prohibited.
Collective Management
Enforcement
General Obligations
This article does not create any obligation:. (a) the establishment of a judicial system for the enforcement of intellectual property rights that is different from that for the enforcement of the law in general, and which does not affect the ability of each Party to enforce its law in general; or. b) regarding the distribution of resources between the enforcement of intellectual property rights and the enforcement of the law in general. When implementing the provisions of this Section in its intellectual property regime, each Party shall take into account the need for proportionality between the seriousness of the infringement of the intellectual property right and the applicable remedies and penalties, as well as the interests of third parties.
Presumptions
Civil and Administrative Procedures and Remedies
Each Party shall provide that in civil proceedings: (a) at least with respect to pirated copyright goods and counterfeit trademark goods, judicial authorities shall have the power, upon application by the right holder, to order the destruction of the infringing goods, except in exceptional circumstances circumstances, without any form of compensation; Each Party provides that in any civil proceeding concerning the enforcement of an intellectual property right, its judicial or other authorities shall have the authority to impose sanctions against any party, counsel, experts or other persons subject to the court's jurisdiction for infringement of court orders regarding the protection of confidential information produced or exchanged in those proceedings. The judicial authorities also have the power to order the applicant to pay the defendant's costs, including any appropriate attorney's fees.
Provisional Measures
In civil court proceedings related to the acts described in article 18.68 (TPM) and article 18.69 (RMI):. a) each Party shall ensure that its judicial authorities have the authority to at least: 114. i) impose provisional measures, including the seizure or other safekeeping of equipment and products suspected of being involved in the prohibited activity; ii) to order the type of damages available for copyright infringement, as provided in its law, in accordance with this article; 115. iii) order court costs, fees or expenses as provided in paragraph 10; and. iv) orders the destruction of equipment and products that are found to be involved in the prohibited activity; and. b) a Party may provide that damages will not be available against a library, archive, educational institution, museum or non-commercial public broadcasting entity if it bears the burden of proving that it was unaware of or had no reason to to believe that his acts constituted a prohibited activity. In civil proceedings relating to copyright or related rights infringement and trademark counterfeiting, each Party shall ensure that its judicial authorities have the authority to order the seizure or detention of goods, materials and suspected means of infringement related to the infringement, and, at least for trademark counterfeiting, documentary evidence relevant to the infringement.
Special Requirements related to Border Measures
Each Party shall adopt or maintain a procedure whereby its competent authorities may, within a reasonable period of time after the initiation of the procedures described in paragraph 1, paragraph 5(a), paragraph 5(b) and, if applicable, paragraph 5, determine (c), whether the suspect goods infringe an intellectual property right. 124 If a Party provides administrative procedures for the determination of an infringement, it may also provide its authorities with the authority to impose administrative penalties or sanctions, which may include fines or the seizure of the infringing goods upon a finding that infringe the goods. With regard to counterfeit branded goods, the simple removal of the illegally affixed trademark will not be sufficient, except in exceptional cases, to allow the release of the goods into the trade channels.
Criminal Procedures and Penalties
In relation to the offenses described in paragraphs 1 to 5, each Party shall ensure the following: In relation to the offenses described in paragraphs 1 to 5, the Party may provide that its judicial authorities have the power to order the seizure or confiscation of property or alternatively a fine, the value of which corresponds to the property derived from or obtained directly or indirectly from the infringing activity. Subject to paragraph 3, each Party shall provide criminal procedures and penalties for one or more of the following: a) unauthorized and intentional access to a trade secret in a computer system;
Protection of Encrypted Program-Carrying Satellite and Cable Signals
Each Party shall provide civil remedies for a person who has an interest in an encrypted program-carrying satellite signal or its content and who is harmed by an activity described in subsection 1. Each Party shall provide for criminal sanctions or civil remedies145 for willfully: .
Government Use of Software
Definitions
In order to facilitate effective anti-infringement measures, each Party shall prescribe in its laws conditions under which internet service providers are eligible to benefit from the restrictions described in paragraph 1(b) or, alternatively, provide for conditions under which internet service providers are not eligible to the limitations described in paragraph 1(b):155, 156. Eligibility for the limitations in paragraph 1 is not dependent on the Internet Service Provider monitoring its services or affirmatively seeking facts that indicate infringing activity. The Parties understand that an Internet Service Provider's failure to qualify for the limitations in paragraph 1(b) will not, by itself, create liability.
Final Provisions
In the case of Mexico, with regard to: ii) Article 18.47 (Protection of unpublished tests or other data for agricultural chemical products), five years;. iii) Article 18.48.2 (Patent term adjustment for unreasonable limitation), 4.5 years;. iv) Article 18.50 (Protection of undisclosed tests or other data), five years;++. vi) Section J (Internet Service Providers), three years. In the case of New Zealand, in respect of Article 18.63 (Term of protection of copyright and related rights), eight years. No later than the date on which the additional one-year period expires, Vietnam shall submit a written report to the Commission on the measures it has taken to fulfill its obligation under Article 18.46.3 and Article 18.46.4.
Annex to Article 18.7.2
Chile
Malaysia
Peru
Applicable to Article 18.46 (Patent Term Adjustment for
Applicable to Article 18.50 (Protection of Undisclosed Test or Other Data) and Article 18.51 (Biologics)
Annex to Section J
For a Party to which Article 18.82.3 and Article 18.82.4 (Remedies and safe harbors) do not apply in accordance with paragraph 1 of this Annex and in light of, inter alia, paragraph 1(b) of this Annex, for the purposes of Article 18.82 .1(a) legal incentives do not constitute conditions for Internet service providers to meet the conditions for the restrictions in Article 18.82.1(b) as set out in Article 18.82.3.
Annex to Section J
