Table of Contents
- Article 1: General Provisions
- 1. Each Party shall, at a minimum, give effect to this Chapter.
- International Agreements
- 2. Further to Article 1, the Parties affirm their existing rights and obligations with respect to each other under the TRIPS Agreement.
- 3. Each Party shall ratify or accede to the following agreements by the date of entry into force of this Agreement:
- (a) Patent Cooperation Treaty (1970), as amended in 1979;
- (b) Paris Convention for the Protection of Industrial Property (1967);
- (c) Berne Convention for the Protection of Literary and Artistic Works (1971);
- (d) Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974);
- (e) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989);
- (f) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), as amended in 1980;
- (g) International Convention for the Protection of New Varieties of Plants (1991) (UPOV Convention);
- (h) Singapore Treaty on the Law of Trademarks (2006);
- (i) WIPO Copyright Treaty (1996); and
- (j) WIPO Performances and Phonograms Treaty (1996).
- 5. Each Party shall make all reasonable efforts ratify or accede to the following agreements by the date of entry into force of the Agreement:
- (a) Patent Law Treaty (2000); and
- (b) Hague Agreement Concerning the International Registration of Industrial Designs (1999).
- More Extensive Protection and Enforcement
- 6. A Party may provide more extensive protection for, and enforcement of, intellectual property rights under its law than this Chapter requires, provided that the more extensive protection does not contravene this Chapter.
- National Treatment
- 7. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals1 of the other Parties treatment no less favorable than it accords to its own nationals with regard to the protection2 and enjoyment of such intellectual property rights and any benefits derived from such rights.
- 8. A Party may derogate from paragraph [7] in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:
- (a) necessary to secure compliance with laws and regulations that are not inconsistent with this Chapter; and
- (b) not applied in a manner that would constitute a disguised restriction on trade.
- 9. Paragraph [7] does not apply to procedures provided in multilateral agreements to which any Party is a party and which were concluded under the auspices of the World Intellectual Property Organization (WIPO) in relation to the acquisition or maintenance of intellectual property rights.
- Application of Agreement to Existing Subject Matter and Prior Acts
- 10. Except as it otherwise provides, including in Article __ (Berne 18/TRIPS 14.6), this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.
- 11. Except as otherwise provided in this Chapter, including Article ___ (Berne 18/TRIPS 14.6), a Party shall not be required to restore protection to subject matter that on the date of entry into force of this Agreement has fallen into the public domain in its territory.
- 12. This Chapter does not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement.
- Transparency
- 13. Further to Article ___ (Publication), and with the object of making the protection and enforcement of intellectual property rights transparent, each Party shall ensure that all laws, regulations, and publicly available procedures concerning the protection or enforcement of intellectual property rights are in writing and are published,3 or where publication is not practicable, made publicly available, in a national language in such a manner as to enable governments and right holders to become acquainted with them.
- Article 2: Trademarks, Including Geographical Indications
- Article 3: Domain Names on the Internet
- Article 4: Copyright and Related Rights
- Without prejudice to Articles 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), 14(1)(ii), and 14bis(1) of the Berne Convention, each Party shall provide to authors the exclusive right to authorize or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.
- Article 6: Related Rights
- Article 7: Protection of Encrypted Program-Carrying Satellite and Cable Signals
- Article 8: Patents
- Article 9: Measures Related to Certain Regulated Products