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PART SIX
INTELLECTUAL PROPERTY
Chapter Seventeen
Intellectual Property
Article 1701: Nature and Scope of Obligations
1. Each Party shall provide in its territory to the nationals
of another Party adequate and effective protection and
enforcement of intellectual property rights, while ensuring that
measures to enforce intellectual property rights do not
themselves become barriers to legitimate trade.
2. To provide adequate and effective protection and enforcement
of intellectual property rights, each Party shall, at a minimum,
give effect to this Chapter and to the substantive provisions of:
(a) the Geneva Convention for the Protection of Producers
of Phonograms Against Unauthorized Duplication of their
Phonograms, 1971 (Geneva Convention);
(b) the Berne Convention for the Protection of Literary and
Artistic Works, 1971 (Berne Convention);
(c) the Paris Convention for the Protection of Industrial
Property, 1967 (Paris Convention); and
(d) the International Convention for the Protection of New
Varieties of Plants, 1978 (UPOV Convention), or the
International Convention for the Protection of New
Varieties of Plants, 1991 (UPOV Convention).
If a Party has not acceded to the specified text of any such
Conventions on or before the date of entry into force of this
Agreement, it shall make every effort to accede.
3. Paragraph 2 shall apply, except as provided in Annex 1701.3.
Article 1702: More Extensive Protection
A Party may implement in its domestic law more extensive
protection of intellectual property rights than is required under
this Agreement, provided that such protection is not inconsistent
with this Agreement.
Article 1703: National Treatment
1. Each Party shall accord to nationals of another Party
treatment no less favorable than that it accords to its own
nationals with regard to the protection and enforcement of all
intellectual property rights. In respect of sound recordings,
each Party shall provide such treatment to producers and
performers of another Party, except that a Party may limit rights
of performers of another Party in respect of secondary uses of
sound recordings to those rights its nationals are accorded in
the territory of such other Party.
2. No Party may, as a condition of according national treatment_ ____B___╔3____________________ __
Φunder this Article, require right holders to comply with any
∞
formalities or conditions in order to acquire rights in respect
of copyright and related rights.
3. A Party may derogate from paragraph 1 in relation to its
judicial and administrative procedures for the protection or
enforcement of intellectual property rights, including any
procedure requiring a national of another Party to designate for
service of process an address in the Party's territory or to
appoint an agent in the Party's territory, if the derogation is
consistent with the relevant Convention listed in Article
1701(2), provided that such derogation:
(a) is necessary to secure compliance with measures that
are not inconsistent with this Chapter; and
(b) is not applied in a manner that would constitute a
disguised restriction on trade.
4. No Party shall have any obligation under this Article with
respect to procedures provided in multilateral agreements
concluded under the auspices of the World Intellectual Property
Organization relating to the acquisition or maintenance of
intellectual property rights.
Article 1704: Control of Abusive or Anticompetitive Practices or
Conditions
Nothing in this Chapter shall prevent a Party from
specifying in its domestic law licensing practices or conditions
that may in particular cases constitute an abuse of intellectual
property rights having an adverse effect on competition in the
relevant market. A Party may adopt or maintain, consistent with
the other provisions of this Agreement, appropriate measures to
prevent or control such practices or conditions.
Article 1705: Copyright
1. Each Party shall protect the works covered by Article 2 of
the Berne Convention, including any other works that embody
original expression within the meaning of that Convention. In
particular:
(a) all types of computer programs are literary works
within the meaning of the Berne Convention and each
Party shall protect them as such; and
(b) compilations of data or other material, whether in
machine readable or other form, which by reason of the
selection or arrangement of their contents constitute
intellectual creations, shall be protected as such.
The protection a Party provides under subparagraph (b) shall not
extend to the data or material itself, or prejudice any copyright
subsisting in that data or material.
2. Each Party shall provide to authors and their successors in
interest those rights enumerated in the Berne Convention in
respect of works covered by paragraph 1, including the right to
authorize or prohibit:
(a) the importation into the Party's territory of copies of
the work made without the right holder's authorization;_ ____B____=____________________ __
Φ
(b) the first public distribution of the original and each
copy of the work by sale, rental or otherwise;
∞
(c) the communication of a work to the public; and
(d) the commercial rental of the original or a copy of a
computer program.
Subparagraph (d) shall not apply where the copy of the computer
program is not itself an essential object of the rental. Each
Party shall provide that putting the original or a copy of a
computer program on the market with the right holder's consent
shall not exhaust the rental right.
3. Each Party shall provide that for copyright and related
rights:
(a) any person acquiring or holding economic rights may
freely and separately transfer such rights by contract
for purposes of their exploitation and enjoyment by the
transferee; and
(b) any person acquiring or holding such economic rights by
virtue of a contract, including contracts of employment
underlying the creation of works and sound recordings,
shall be able to exercise those rights in its own name
and enjoy fully the benefits derived from those rights.
4. Each Party shall provide that, where the term of protection
of a work, other than a photographic work or a work of applied
art, is to be calculated on a basis other than the life of a
natural person, the term shall be not less than 50 years from the
end of the calendar year of the first authorized publication of
the work, or, failing such authorized publication within 50 years
from the making of the work, 50 years from the end of the
calendar year of making.
5. Each Party shall confine limitations or exceptions to the
rights provided for in this Article to certain special cases that
do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right
holder.
6. No Party may grant translation and reproduction licenses
permitted under the Appendix to the Berne Convention where
legitimate needs in that Party's territory for copies or
translations of the work could be met by the right holder's
voluntary actions but for obstacles created by the Party's
measures.
7. Each Party shall comply with the requirements set out in
Annex 1705.7.
Article 1706: Sound Recordings
1. Each Party shall provide to the producer of a sound
recording the right to authorize or prohibit:
(a) the direct or indirect reproduction of the sound
recording;
(b) the importation into the Party's territory of copies of
the sound recording made without the producer's_ ____B____=____________________ __
Φ authorization;
(c) the first public distribution of the original and