Title:Intellectual Property
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length:85574                                        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.   Annex 1701.3 applies to the Parties specified in that 
            Annex. 
 
 
            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. 
 
 
 
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            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 under 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. 
 
 
 
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            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)  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 
 
 
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                 (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.   Annex 1705.7 applies to the Parties specified in that 
            Annex. 
 
 
            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 
                      authorization; 
 
                 (c)  the first public distribution of the original and 
                      each copy of the sound recording by sale, rental or 
                      otherwise; and 
 
                 (d)  the commercial rental of the original or a copy of 
                      the sound recording, except where expressly otherwise 
 
 
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                      provided in a contract between the producer of the 
                      sound recording and the authors of the works fixed 
                      therein. 
 
            Each Party shall provide that putting the original or a copy of 
            a sound recording on the market with the right holder's consent 
            shall not exhaust the rental right. 
 
            2.   Each Party shall provide a term of protection for sound 
            recordings of at least 50 years from the end of the calendar 
            year in which the fixation was made. 
 
            3.   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 sound 
            recording and do not unreasonably prejudice the legitimate 
            interests of the right holder. 
 
 
            Article 1707:   Protection of Encrypted Program-Carrying 
                            Satellite Signals 
 
                 Within one year from the date of entry into force of this 
            Agreement, each Party shall make it: 
 
                 (a)  a criminal offense to manufacture, import, sell, 
                      lease or otherwise make available a device or system 
                      that is primarily of assistance in decoding an 
                      encrypted program-carrying satellite signal without 
                      the authorization of the lawful distributor of such 
                      signal; and 
 
                 (b)  a civil offense to receive, in connection with 
                      commercial activities, or further distribute, an 
                      encrypted program-carrying satellite signal that has 
                      been decoded without the authorization of the lawful 
                      distributor of the signal or to engage in any 
                      activity prohibited under subparagraph (a). 
 
            Each Party shall provide that any civil offense established 
            under subparagraph (b) shall be actionable by any person that 
            holds an interest in the content of such signal. 
 
 
            Article 1708:   Trademarks 
 
            1.   For purposes of this Agreement, a trademark consists of 
            any sign, or any combination of signs, capable of 
            distinguishing the goods or services of one person from those 
            of another, including personal names, designs, letters, 
            numerals, colors, figurative elements, or the shape of goods or 
 
 
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            of their packaging.  Trademarks shall include service marks and 
            collective marks, and may include certification marks.  A Party 
            may require, as a condition for registration, that a sign be 
            visually perceptible. 
 
            2.   Each Party shall provide to the owner of a registered 
            trademark the right to prevent all persons not having the 
            owner's consent from using in commerce identical or similar 
            signs for goods or services that are identical or similar to 
            those goods or services in respect of which the owner's 
            trademark is registered, where such use would result in a 
            likelihood of confusion.  In the case of the use of an 
            identical sign for identical goods or services, a likelihood of 
            confusion shall be presumed.  The rights described above shall 
            not prejudice any prior rights, nor shall they affect the 
            possibility of a Party making rights available on the basis of 
            use. 
 
            3.   A Party may make registrability depend on use.  However, 
            actual use of a trademark shall not be a condition for filing 
            an application for registration.  No Party may refuse an 
            application solely on the ground that intended use has not 
            taken place before the expiry of a period of three years from 
            the date of application for registration. 
 
            4.   Each Party shall provide a system for the registration of 
            trademarks, which shall include: 
 
                 (a)  examination of applications; 
 
                 (b)  notice to be given to an applicant of the reasons for 
                      the refusal to register a trademark; 
 
                 (c)  a reasonable opportunity for the applicant to respond 
                      to the notice; 
 
                 (d)  publication of each trademark either before or 
                      promptly after it is registered; and 
 
                 (e)  a reasonable opportunity for interested persons to 
                      petition to cancel the registration of a trademark. 
 
            A Party may provide for a reasonable opportunity for interested 
            persons to oppose the registration of a trademark. 
 
            5.   The nature of the goods or services to which a trademark 
            is to be applied shall in no case form an obstacle to the 
            registration of the trademark. 
 
            6.   Article 6bis of the Paris Convention shall apply, with 
            such modifications as may be necessary, to services.  In 
 
 
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            determining whether a trademark is well-known, account shall be 
            taken of the knowledge of the trademark in the relevant sector 
            of the public, including knowledge in the Party's territory 
            obtained as a result of the promotion of the trademark.  No 
            Party may require that the reputation of the trademark extend 
            beyond the sector of the public that normally deals with the 
            relevant goods or services. 
 
            7.   Each Party shall provide that the initial registration of 
            a trademark be for a term of at least 10 years and that the 
            registration be indefinitely renewable for terms of not less 
            than 10 years when conditions for renewal have been met. 
 
            8.   Each Party shall require the use of a trademark to 
            maintain a registration.  The registration may be canceled for 
            the reason of non-use only after an uninterrupted period of at 
            least two years of non-use, unless valid reasons based on the 
            existence of obstacles to such use are shown by the trademark 
            owner.  Each Party shall recognize, as valid reasons for non- 
            use, circumstances arising independently of the will of the 
            trademark owner that constitute an obstacle to the use of the 
            trademark, such as import restrictions on, or other government 
            requirements for, goods or services identified by the 
            trademark. 
 
            9.   Each Party shall recognize use of a trademark by a person 
            other than the trademark owner, where such use is subject to 
            the owner's control, as use of the trademark for purposes of 
            maintaining the registration. 
 
            10.  No Party may encumber the use of a trademark in commerce 
            by special requirements, such as a use that reduces the 
            trademark's function as an indication of source or a use with 
            another trademark. 
 
            11.  A Party may determine conditions on the licensing and 
            assignment of trademarks, it being understood that the 
            compulsory licensing of trademarks shall not be permitted and 
            that the owner of a registered trademark shall have the right 
            to assign its trademark with or without the transfer of the 
            business to which the trademark belongs. 
 
            12.  A Party may provide limited exceptions to the rights 
            conferred by a trademark, such as fair use of descriptive 
            terms, provided that such exceptions take into account the 
            legitimate interests of the trademark owner and of other 
            persons. 
 
            13.  Each Party shall prohibit the registration as a trademark 
            of words, at least in English, French or Spanish, that 
 
 
 
                                          17-7  
 
 
 
 
 
 
  
 
 
 
 
 
            generically designate goods or services or types of goods or 
            services to which the trademark applies. 
 
            14.  Each Party shall refuse to register trademarks that 
            consist of or comprise immoral, deceptive or scandalous matter, 
            or matter that may disparage or falsely suggest a connection 
            with persons, living or dead, institutions, beliefs or any 
            Party's national symbols, or bring them into contempt or 
            disrepute. 
 
 
            Article 1709:   Patents 
 
            1.   Subject to paragraphs 2 and 3, each Party shall make 
            patents available for any inventions, whether products or 
            processes, in all fields of technology, provided that such 
            inventions are new, result from an inventive step and are 
            capable of industrial application.  For purposes of this 
            Article, a Party may deem the terms "inventive step" and 
            "capable of industrial application" to be synonymous with the 
            terms "non-obvious" and "useful", respectively. 
 
            2.   A Party may exclude from patentability inventions if 
            preventing in its territory the commercial exploitation of the 
            inventions is necessary to protect ordre public or morality, 
            including to protect human, animal or plant life or health or 
            to avoid serious prejudice to nature or the environment, 
            provided that the exclusion is not based solely on the ground 
            that the Party prohibits commercial exploitation in its 
            territory of the subject matter of the patent. 
 
            3.   A Party may also exclude from patentability: 
 
                 (a)  diagnostic, therapeutic and surgical methods for the 
                      treatment of humans or animals; 
 
                 (b)  plants and animals other than microorganisms; and 
 
                 (c)  essentially biological processes for the production 
                      of plants or animals, other than non-biological and 
                      microbiological processes for such production. 
 
            Notwithstanding subparagraph (b), each Party shall provide for 
            the protection of plant varieties through patents, an effective 
            scheme of sui generis protection, or both. 
 
            4.   If a Party has not made available product patent 
            protection for pharmaceutical or agricultural chemicals 
            commensurate with paragraph 1: 
 
 
 
 
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                 (a)  as of January 1, 1992, for subject matter that 
                      relates to naturally occurring substances prepared or 
                      produced by, or significantly derived from, 
                      microbiological processes and intended for food or 
                      medicine, and 
 
                 (b)  as of July 1, 1991, for any other subject matter, 
 
            that Party shall provide to the inventor of any such product or 
            its assignee the means to obtain product patent protection for 
            such product for the unexpired term of the patent for such 
            product granted in another Party, as long as the product has 
            not been marketed in the Party providing protection under this 
            paragraph and the person seeking such protection makes a timely 
            request. 
 
            5.   Each Party shall provide that: 
 
                 (a)  where the subject matter of a patent is a product, 
                      the patent shall confer on the patent owner the right 
                      to prevent other persons from making, using or 
                      selling the subject matter of the patent, without the 
                      patent owner's consent; and  
 
                 (b)  where the subject matter of a patent is a process, 
                      the patent shall confer on the patent owner the right 
                      to prevent other persons from using that process and 
                      from using, selling, or importing at least the 
                      product obtained directly by that process, without 
                      the patent owner's consent. 
 
            6.   A Party may provide limited exceptions to the exclusive 
            rights conferred by a patent, provided that such exceptions do 
            not unreasonably conflict with a normal exploitation of the 
            patent and do not unreasonably prejudice the legitimate 
            interests of the patent owner, taking into account the 
            legitimate interests of other persons. 
 
            7.   Subject to paragraphs 2 and 3, patents shall be available 
            and patent rights enjoyable without discrimination as to the 
            field of technology, the territory of the Party where the 
            invention was made and whether products are imported or locally 
            produced. 
 
            8.   A Party may revoke a patent only when: 
 
                 (a)  grounds exist that would have justified a refusal to 
                      grant the patent; or 
 
                 (b)  the grant of a compulsory license has not remedied 
                      the lack of exploitation of the patent. 
 
 
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            9.   Each Party shall permit patent owners to assign and 
            transfer by succession their patents, and to conclude licensing 
            contracts. 
 
            10.  Where the law of a Party allows for use of the subject 
            matter of a patent, other than that use allowed under paragraph 
            6, without the authorization of the right holder, including use 
            by the government or other persons authorized by the 
            government, the Party shall respect the following provisions: 
 
                 (a)  authorization of such use shall be considered on its 
                      individual merits; 
 
                 (b)  such use may only be permitted if, prior to such use, 
                      the proposed user has made efforts to obtain 
                      authorization from the right holder on reasonable 
                      commercial terms and conditions and such efforts have 
                      not been successful within a reasonable period of 
                      time.  The requirement to make such efforts may be 
                      waived by a Party in the case of a national emergency 
                      or other circumstances of extreme urgency or in cases 
                      of public non-commercial use.  In situations of 
                      national emergency or other circumstances of extreme 
                      urgency, the right holder shall, nevertheless, be 
                      notified as soon as reasonably practicable.  In the 
                      case of public non-commercial use, where the 
                      government or contractor, without making a patent 
                      search, knows or has demonstrable grounds to know 
                      that a valid patent is or will be used by or for the 
                      government, the right holder shall be informed 
                      promptly; 
 
                 (c)  the scope and duration of such use shall be limited 
                      to the purpose for which it was authorized; 
 
                 (d)  such use shall be non-exclusive; 
 
                 (e)  such use shall be non-assignable, except with that 
                      part of the enterprise or goodwill that enjoys such 
                      use; 
 
                 (f)  any such use shall be authorized predominantly for 
                      the supply of the Party's domestic market; 
 
                 (g)  authorization for such use shall be liable, subject 
                      to adequate protection of the legitimate interests of 
                      the persons so authorized, to be terminated if and 
                      when the circumstances that led to it cease to exist 
                      and are unlikely to recur.  The competent authority 
                      shall have the authority to review, on motivated 
 
 
 
                                         17-10  
 
 
 
 
 
 
  
 
 
 
 
 
                      request, the continued existence of these 
                      circumstances; 
 
                 (h)  the right holder shall be paid adequate remuneration 
                      in the circumstances of each case, taking into 
                      account the economic value of the authorization; 
 
                 (i)  the legal validity of any decision relating to the 
                      authorization shall be subject to judicial or other 
                      independent review by a distinct higher authority; 
 
                 (j)  any decision relating to the remuneration provided in 
                      respect of such use shall be subject to judicial or 
                      other independent review by a distinct higher 
                      authority;  
 
                 (k)  the Party shall not be obliged to apply the 
                      conditions set out in subparagraphs (b) and (f) where 
                      such use is permitted to remedy a practice determined 
                      after judicial or administrative process to be 
                      anticompetitive.  The need to correct anticompetitive 
                      practices may be taken into account in determining 
                      the amount of remuneration in such cases.  Competent 
                      authorities shall have the authority to refuse 
                      termination of authorization if and when the 
                      conditions that led to such authorization are likely 
                      to recur;  
 
                 (l)  the Party shall not authorize the use of the subject 
                      matter of a patent to permit the exploitation of 
                      another patent except as a remedy for an adjudicated 
                      violation of domestic laws regarding anticompetitive 
                      practices. 
 
            11.  Where the subject matter of a patent is a process for 
            obtaining a product, each Party shall, in any infringement 
            proceeding, place on the defendant the burden of establishing 
            that the allegedly infringing product was made by a process 
            other than the patented process in one of the following 
            situations: 
 
                 (a)  the product obtained by the patented process is new; 
                      or 
 
                 (b)  a substantial likelihood exists that the allegedly 
                      infringing product was made by the process and the 
                      patent owner has been unable through reasonable 
                      efforts to determine the process actually used.  
 
 
 
 
 
                                         17-11  
 
 
 
 
 
 
  
 
 
 
 
 
            In the gathering and evaluation of evidence, the legitimate 
            interests of the defendant in protecting its trade secrets 
            shall be taken into account. 
 
            12.  Each Party shall provide a term of protection for patents 
            of at least 20 years from the date of filing or 17 years from 
            the date of grant.  A Party may extend the term of patent 
            protection, in appropriate cases, to compensate for delays 
            caused by regulatory approval processes. 
 
 
            Article 1710:   Layout Designs of Semiconductor Integrated 
                            Circuits 
 
            1.   Each Party shall protect layout designs (topographies) of 
            integrated circuits ("layout designs") in accordance with 
            Articles 2 through 7, 12 and 16(3), other than Article 6(3), of 
            the Treaty on Intellectual Property in Respect of Integrated 
            Circuits as opened for signature on May 26, 1989. 
 
            2.   Subject to paragraph 3, each Party shall make it unlawful 
            for any person without the right holder's authorization to 
            import, sell or otherwise distribute for commercial purposes 
            any of the following: 
 
                 (a)  a protected layout design; 
 
                 (b)  an integrated circuit in which a protected layout 
                      design is incorporated; or  
 
                 (c)  an article incorporating such an integrated circuit, 
                      only insofar as it continues to contain an unlawfully 
                      reproduced layout design. 
 
            3.   No Party may make unlawful any of the acts referred to in 
            paragraph 2 performed in respect of an integrated circuit that 
            incorporates an unlawfully reproduced layout design, or any 
            article that incorporates such an integrated circuit, where the 
            person performing those acts or ordering those acts to be done 
            did not know and had no reasonable ground to know, when it 
            acquired the integrated circuit or article incorporating such 
            an integrated circuit, that it incorporated an unlawfully 
            reproduced layout design. 
 
            4.   Each Party shall provide that, after the person referred 
            to in paragraph 3 has received sufficient notice that the 
            layout design was unlawfully reproduced, such person may 
            perform any of the acts with respect to the stock on hand or 
            ordered before such notice, but shall be liable to pay the 
            right holder for doing so an amount equivalent to a reasonable 
 
 
 
                                         17-12  
 
 
 
 
 
 
  
 
 
 
 
 
            royalty such as would be payable under a freely negotiated 
            license in respect of such a layout design. 
 
            5.   No Party may permit the compulsory licensing of layout 
            designs of integrated circuits. 
 
            6.   Any Party that requires registration as a condition for 
            protection of a layout design shall provide that the term of 
            protection shall not end before the expiration of a period of 
            10 years counted from the date of: 
 
                 (a)  filing of the application for registration; or 
 
                 (b)  the first commercial exploitation of the layout 
                      design, wherever in the world it occurs. 
 
            7.   Where a Party does not require registration as a condition 
            for protection of a layout design, the Party shall provide a 
            term of protection of not less than 10 years from the date of 
            the first commercial exploitation of the layout design, 
            wherever in the world it occurs. 
 
            8.   Notwithstanding paragraphs 6 and 7, a Party may provide 
            that the protection shall lapse 15 years after the creation of 
            the layout design. 
 
            9.   Annex 1710.9 applies to the Parties specified in that 
            Annex. 
 
 
            Article 1711:   Trade Secrets 
 
            1.   Each Party shall provide the legal means for any person to 
            prevent trade secrets from being disclosed to, acquired by, or 
            used by others without the consent of the person lawfully in 
            control of the information in a manner contrary to honest 
            commercial practices, in so far as: 
 
                 (a)  the information is secret in the sense that it is 
                      not, as a body or in the precise configuration and 
                      assembly of its components, generally known among or 
                      readily accessible to persons that normally deal with 
                      the kind of information in question; 
 
                 (b)  the information has actual or potential commercial 
                      value because it is secret; and 
 
                 (c)  the person lawfully in control of the information has 
                      taken reasonable steps under the circumstances to 
                      keep it secret. 
 
 
 
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            2.   A Party may require that to qualify for protection a trade 
            secret must be evidenced in documents, electronic or magnetic 
            means, optical discs, microfilms, films or other similar 
            instruments. 
 
            3.   No Party may limit the duration of protection for trade 
            secrets, so long as the conditions in paragraph 1 exist. 
 
            4.   No Party may discourage or impede the voluntary licensing 
            of trade secrets by imposing excessive or discriminatory 
            conditions on such licenses or conditions that dilute the value 
            of the trade secrets. 
 
            5.   If a Party requires, as a condition for approving the 
            marketing of pharmaceutical or agricultural chemical products 
            that utilize new chemical entities, the submission of 
            undisclosed test or other data necessary to determine whether 
            the use of such products is safe and effective, the Party shall 
            protect against disclosure of the data of persons making such 
            submissions, where the origination of such data involves 
            considerable effort, except where the disclosure is necessary 
            to protect the public or unless steps are taken to ensure that 
            the data is protected against unfair commercial use. 
 
            6.   Each Party shall provide that for data subject to 
            paragraph 5 that are submitted to the Party after the date of 
            entry into force of this Agreement, no person other than the 
            person that submitted them may, without the latter's 
            permission, rely on such data in support of an application for 
            product approval during a reasonable period of time after their 
            submission.  For this purpose, a reasonable period shall 
            normally mean not less than five years from the date on which 
            the Party granted approval to the person that produced the data 
            for approval to market its product, taking account of the 
            nature of the data and the person's efforts and expenditures in 
            producing them.  Subject to this provision, there shall be no 
            limitation on any Party to implement abbreviated approval 
            procedures for such products on the basis of bioequivalence and 
            bioavailability studies. 
 
            7.   Where a Party relies on a marketing approval granted by 
            another Party, the reasonable period of exclusive use of the 
            data submitted in connection with obtaining the approval relied 
            on shall begin with the date of the first marketing approval 
            relied on. 
 
 
            Article 1712:   Geographical Indications 
 
            1.   Each Party shall provide, in respect of geographical 
            indications, the legal means for interested persons to prevent: 
 
 
                                         17-14  
 
 
 
 
 
 
  
 
 
 
 
 
                 (a)  the use of any means in the designation or 
                      presentation of a good that indicates or suggests 
                      that the good in question originates in a territory, 
                      region or locality other than the true place of 
                      origin, in a manner that misleads the public as to 
                      the geographical origin of the good; 
 
                 (b)  any use that constitutes an act of unfair competition 
                      within the meaning of Article 10bis of the Paris 
                      Convention. 
 
            2.   Each Party shall, on its own initiative if its domestic 
            law so permits or at the request of an interested person, 
            refuse to register, or invalidate the registration of, a 
            trademark containing or consisting of a geographical indication 
            with respect to goods that do not originate in the indicated 
            territory, region or locality, if use of the indication in the 
            trademark for such goods is of such a nature as to mislead the 
            public as to the geographical origin of the good. 
 
            3.   Each Party shall also apply paragraphs 1 and 2 to a 
            geographical indication that, although correctly indicating the 
            territory, region or locality in which the goods originate, 
            falsely represents to the public that the goods originate in 
            another territory, region or locality. 
 
            4.   Nothing in this Article shall be construed to require a 
            Party to prevent continued and similar use of a particular 
            geographical indication of another Party in connection with 
            goods or services by any of its nationals or domiciliaries who 
            have used that geographical indication in a continuous manner 
            with regard to the same or related goods or services in that 
            Party's territory, either: 
 
                 (a)   for at least 10 years, or 
 
                 (b)  in good faith,  
 
            before the date of signature of this Agreement. 
 
            5.   Where a trademark has been applied for or registered in 
            good faith, or where rights to a trademark have been acquired 
            through use in good faith, either: 
 
                 (a)  before the date of application of these provisions in 
                      that Party, or 
 
                 (b)  before the geographical indication is protected in 
                      its Party of origin, 
 
 
 
 
                                         17-15  
 
 
 
 
 
 
  
 
 
 
 
 
            no Party may adopt any measure to implement this Article that 
            prejudices eligibility for, or the validity of, the 
            registration of a trademark, or the right to use a trademark, 
            on the basis that such a trademark is identical with, or 
            similar to, a geographical indication. 
 
            6.   No Party shall be required to apply this Article to a 
            geographical indication if it is identical to the customary 
            term in common language in that Party's territory for the goods 
            or services to which the indication applies. 
 
            7.   A Party may provide that any request made under this 
            Article in connection with the use or registration of a 
            trademark must be presented within five years after the adverse 
            use of the protected indication has become generally known in 
            that Party or after the date of registration of the trademark 
            in that Party, provided that the trademark has been published 
            by that date, if such date is earlier than the date on which 
            the adverse use became generally known in that Party, provided 
            that the geographical indication is not used or registered in 
            bad faith. 
 
            8.   No Party shall adopt any measure implementing this Article 
            that would prejudice any person's right to use, in the course 
            of trade, its name or the name of its predecessor in business, 
            except where such name forms all or part of a valid trademark 
            in existence before the geographical indication became 
            protected and with which there is a likelihood of confusion, or 
            such name is used in such a manner as to mislead the public. 
 
            9.   Nothing in this Chapter shall be construed to require a 
            Party to protect a geographical indication that is not 
            protected, or has fallen into disuse, in the Party of origin. 
 
 
            Article 1713: Industrial Designs 
 
            1.   Each Party shall provide for the protection of 
            independently created industrial designs that are new or 
            original.  A Party may provide that: 
 
                 (a)  designs are not new or original if they do not 
                      significantly differ from known designs or 
                      combinations of known design features; and 
 
                 (b)  such protection shall not extend to designs dictated 
                      essentially by technical or functional 
                      considerations. 
 
            2.   Each Party shall ensure that the requirements for securing 
            protection for textile designs, in particular in regard to any 
 
 
                                         17-16  
 
 
 
 
 
 
  
 
 
 
 
 
            cost, examination or publication, do not unreasonably impair a 
            person's opportunity to seek and obtain such protection.  A 
            Party may comply with this obligation through industrial design 
            law or copyright law. 
 
            3.   Each Party shall provide the owner of a protected 
            industrial design the right to prevent other persons not having 
            the owner's consent from making or selling articles bearing or 
            embodying a design that is a copy, or substantially a copy, of 
            the protected design, when such acts are undertaken for 
            commercial purposes. 
 
            4.   A Party may provide limited exceptions to the protection 
            of industrial designs, provided that such exceptions do not 
            unreasonably conflict with the normal exploitation of protected 
            industrial designs and do not unreasonably prejudice the 
            legitimate interests of the owner of the protected design, 
            taking into account the legitimate interests of other persons.  
 
            5.   Each Party shall provide a term of protection for 
            industrial designs of at least 10 years. 
 
 
            Article 1714:   Enforcement of Intellectual Property Rights: 
                            General Provisions 
 
            1.   Each Party shall ensure that enforcement procedures, as 
            specified in this Article and Articles 1715 through 1718, are 
            available under its domestic law so as to permit effective 
            action to be taken against any act of infringement of 
            intellectual property rights covered by this Chapter, including 
            expeditious remedies to prevent infringements and remedies to 
            deter further infringements.  Such enforcement procedures shall 
            be applied so as to avoid the creation of barriers to 
            legitimate trade and to provide for safeguards against abuse of 
            the procedures. 
 
            2.   Each Party shall ensure that its procedures for the 
            enforcement of intellectual property rights are fair and 
            equitable, are not unnecessarily complicated or costly, and do 
            not entail unreasonable time-limits or unwarranted delays. 
 
            3.   Each Party shall provide that decisions on the merits of a 
            case in judicial and administrative enforcement proceedings 
            shall: 
 
                 (a)  preferably be in writing and preferably state the 
                      reasons on which the decisions are based; 
 
                 (b)  be made available at least to the parties in a 
                      proceeding without undue delay; and 
 
 
                                         17-17  
 
 
 
 
 
 
  
 
 
 
 
 
                 (c)  be based only on evidence in respect of which such 
                      parties were offered the opportunity to be heard. 
 
            4.   Each Party shall ensure that parties in a proceeding have 
            an opportunity to have final administrative decisions reviewed 
            by a judicial authority of that Party and, subject to 
            jurisdictional provisions in its domestic laws concerning the 
            importance of a case, to have reviewed at least the legal 
            aspects of initial judicial decisions on the merits of a case.  
            Notwithstanding the above, no Party shall be required to 
            provide for judicial review of acquittals in criminal cases. 
 
            5.   Nothing in this Article or Articles 1715 through 1718 
            shall be construed to require a Party to establish a judicial 
            system for the enforcement of intellectual property rights 
            distinct from that Party's system for the enforcement of laws 
            in general. 
 
            6.   For the purposes of Articles 1715 through 1718, the term 
            "right holder" includes federations and associations having 
            legal standing to assert such rights. 
 
 
            Article 1715:   Specific Procedural and Remedial Aspects of 
                            Civil and Administrative Procedures 
 
            1.   Each Party shall make available to right holders civil 
            judicial procedures for the enforcement of any intellectual 
            property right provided in this Chapter.  Each Party shall 
            provide that: 
 
                 (a)  defendants have the right to written notice that is 
                      timely and contains sufficient detail, including the 
                      basis of the claims; 
 
                 (b)  parties in a proceeding are allowed to be represented 
                      by independent legal counsel; 
 
                 (c)  the procedures do not include imposition of overly 
                      burdensome requirements concerning mandatory personal 
                      appearances; 
 
                 (d)  all parties in a proceeding are duly entitled to 
                      substantiate their claims and to present relevant 
                      evidence; and 
 
                 (e)  the procedures include a means to identify and 
                      protect confidential information. 
 
            2.   Each Party shall provide that its judicial authorities 
            shall have the authority: 
 
 
                                         17-18  
 
 
 
 
 
 
  
 
 
 
 
 
                 (a)  where a party in a proceeding has presented 
                      reasonably available evidence sufficient to support 
                      its claims and has specified evidence relevant to the 
                      substantiation of its claims that is within the 
                      control of the opposing party, to order the opposing 
                      party to produce such evidence, subject in 
                      appropriate cases to conditions that ensure the 
                      protection of confidential information; 
 
                 (b)  where a party in a proceeding voluntarily and without 
                      good reason refuses access to, or otherwise does not 
                      provide relevant evidence under that party's control 
                      within a reasonable period, or significantly impedes 
                      a proceeding relating to an enforcement action, to 
                      make preliminary and final determinations, 
                      affirmative or negative, on the basis of the evidence 
                      presented, including the complaint or the allegation 
                      presented by the party adversely affected by the 
                      denial of access to evidence, subject to providing 
                      the parties an opportunity to be heard on the 
                      allegations or evidence; 
 
                 (c)  to order a party in a proceeding to desist from an 
                      infringement, including to prevent the entry into the 
                      channels of commerce in their jurisdiction of 
                      imported goods that involve the infringement of an 
                      intellectual property right, which order shall be 
                      enforceable at least immediately after customs 
                      clearance of such goods;  
 
                 (d)  to order the infringer of an intellectual property 
                      right to pay the right holder damages adequate to 
                      compensate for the injury the right holder has 
                      suffered because of the infringement where the 
                      infringer knew or had reasonable grounds to know that 
                      it was engaged in an infringing activity; 
 
                 (e)  to order an infringer of an intellectual property 
                      right to pay the right holder's expenses, which may 
                      include appropriate attorney's fees; and 
 
                 (f)  to order a party in a proceeding at whose request 
                      measures were taken and who has abused enforcement 
                      procedures to provide adequate compensation to any 
                      party wrongfully enjoined or restrained in the 
                      proceeding for the injury suffered because of such 
                      abuse and to pay that party's expenses, which may 
                      include appropriate attorney's fees. 
 
            3.   With respect to the authority referred to in subparagraph 
            2(c), no Party shall be obliged to provide such authority in 
 
 
                                         17-19  
 
 
 
 
 
 
  
 
 
 
 
 
            respect of protected subject matter that is acquired or ordered 
            by a person before that person knew or had reasonable grounds 
            to know that dealing in that subject matter would entail the 
            infringement of an intellectual property right. 
 
            4.   With respect to the authority referred to in subparagraph 
            2(d), a Party may, at least with respect to copyrighted works 
            and sound recordings, authorize the judicial authorities to 
            order recovery of profits or payment of pre-established 
            damages, or both, even where the infringer did not know or had 
            no reasonable grounds to know that it was engaged in an 
            infringing activity. 
 
            5.   Each Party shall provide that, in order to create an 
            effective deterrent to infringement, its judicial authorities 
            shall have the authority to order that: 
 
                 (a)  goods that they have found to be infringing be, 
                      without compensation of any sort, disposed of outside 
                      the channels of commerce in such a manner as to avoid 
                      any injury caused to the right holder or, unless this 
                      would be contrary to existing constitutional 
                      requirements, destroyed; and 
 
                 (b)  materials and implements the predominant use of which 
                      has been in the creation of the infringing goods be, 
                      without compensation of any sort, disposed of outside 
                      the channels of commerce in such a manner as to 
                      minimize the risks of further infringements. 
 
            In considering whether to issue such an order, judicial 
            authorities shall take into account the need for 
            proportionality between the seriousness of the infringement and 
            the remedies ordered as well as the interests of other persons.  
            In regard to counterfeit goods, the simple removal of the 
            trademark unlawfully affixed shall not be sufficient, other 
            than in exceptional cases, to permit release of the goods into 
            the channels of commerce. 
 
            6.   In respect of the administration of any law pertaining to 
            the protection or enforcement of intellectual property rights, 
            each Party shall only exempt both public authorities and 
            officials from liability to appropriate remedial measures where 
            actions are taken or intended in good faith in the course of 
            the administration of such laws. 
 
            7.   Notwithstanding the other provisions of Articles 1714 
            through 1718, where a Party is sued with respect to an 
            infringement of an intellectual property right as a result of 
            its use of that right or use on its behalf, that Party may 
            limit the remedies available against it to the payment to the 
 
 
                                         17-20  
 
 
 
 
 
 
  
 
 
 
 
 
            right holder of adequate remuneration in the circumstances of 
            each case, taking into account the economic value of the use. 
 
            8.   Each Party shall provide that, where a civil remedy can be 
            ordered as a result of administrative procedures on the merits 
            of a case, such procedures shall conform to principles 
            equivalent in substance to those set out in this Article. 
 
 
            Article 1716:   Provisional Measures 
 
            1.   Each Party shall provide that its judicial authorities 
            shall have the authority to order prompt and effective 
            provisional measures: 
 
                 (a)  to prevent an infringement of any intellectual 
                      property right, and in particular to prevent the 
                      entry into the channels of commerce in their 
                      jurisdiction of allegedly infringing goods, including 
                      measures to prevent the entry of imported goods at 
                      least immediately after customs clearance; and 
 
                 (b)  to preserve relevant evidence in regard to the 
                      alleged infringement. 
 
            2.   Each Party shall provide that its judicial authorities 
            shall have the authority to require any applicant for 
            provisional measures to provide to the judicial authorities any 
            evidence reasonably available to that applicant that the 
            judicial authorities consider necessary to enable them to 
            determine with a sufficient degree of certainty whether: 
 
                 (a)  the applicant is the right holder; 
 
                 (b)  the applicant's right is being infringed or such 
                      infringement is imminent; and 
 
                 (c)  any delay in the issuance of such measures is likely 
                      to cause irreparable harm to the right holder, or 
                      there is a demonstrable risk of evidence being 
                      destroyed. 
 
            Each Party shall provide that its judicial authorities shall 
            have the authority to require the applicant to provide a 
            security or equivalent assurance sufficient to protect the 
            interests of the defendant and to prevent abuse. 
 
            3.   Each Party shall provide that its judicial authorities 
            shall have the authority to require an applicant for 
            provisional measures to provide other information necessary for 
 
 
 
                                         17-21  
 
 
 
 
 
 
  
 
 
 
 
 
            the identification of the relevant goods by the authority that 
            will execute the provisional measures. 
 
            4.   Each Party shall provide that its judicial authorities 
            shall have the authority to order provisional measures on an ex 
            parte basis, in particular where any delay is likely to cause 
            irreparable harm to the right holder, or where there is a 
            demonstrable risk of evidence being destroyed. 
 
            5.   Each Party shall provide that where provisional measures 
            are adopted by that Party's judicial authorities on an ex parte 
            basis: 
 
                 (a)  a person affected shall be given notice of those 
                      measures without delay but in any event no later than 
                      immediately after the execution of the measures; 
 
                 (b)  a defendant shall, on request, have those measures 
                      reviewed by that Party's judicial authorities for the 
                      purpose of deciding, within a reasonable period after 
                      notice of those measures is given, whether the 
                      measures shall be modified, revoked or confirmed, and 
                      shall be given an opportunity to be heard in the 
                      review proceedings. 
 
            6.   Without prejudice to paragraph 5, each Party shall provide 
            that, on the request of the defendant, the Party's judicial 
            authorities shall revoke or otherwise cease to apply the 
            provisional measures taken on the basis of paragraphs 1 and 4 
            if proceedings leading to a decision on the merits are not 
            initiated: 
 
                 (a)  within a reasonable period as determined by the 
                      judicial authority ordering the measures where the 
                      Party's domestic law so permits; or 
 
                 (b)  in the absence of such a determination, within a 
                      period of no more than 20 working days or 31 calendar 
                      days, whichever is longer. 
 
            7.   Each Party shall provide that, where the provisional 
            measures are revoked or where they lapse due to any act or 
            omission by the applicant, or where the judicial authorities 
            subsequently find that there has been no infringement or threat 
            of infringement of an intellectual property right, the judicial 
            authorities shall have the authority to order the applicant, on 
            request of the defendant, to provide the defendant appropriate 
            compensation for any injury caused by these measures. 
 
            8.   Each Party shall provide that, where a provisional measure 
            can be ordered as a result of administrative procedures, such 
 
 
                                         17-22  
 
 
 
 
 
 
  
 
 
 
 
 
            procedures shall conform to principles equivalent in substance 
            to those set out in this Article. 
 
 
            Article 1717:   Criminal Procedures and Penalties 
 
            1.   Each Party shall provide criminal procedures and penalties 
            to be applied at least in cases of willful trademark 
            counterfeiting or copyright piracy on a commercial scale.  Each 
            Party shall provide that penalties available include 
            imprisonment or monetary fines, or both, sufficient to provide 
            a deterrent, consistent with the level of penalties applied for 
            crimes of a corresponding gravity. 
 
            2.   Each Party shall provide that, in appropriate cases, its 
            judicial authorities may order the seizure, forfeiture and 
            destruction of infringing goods and of any materials and 
            implements the predominant use of which has been in the 
            commission of the offense. 
 
            3.   A Party may provide criminal procedures and penalties to 
            be applied in cases of infringement of intellectual property 
            rights, other than those in paragraph 1, where they are 
            committed wilfully and on a commercial scale. 
 
 
            Article 1718:   Enforcement of Intellectual Property Rights at 
                            the Border 
 
            1.   Each Party shall, in conformity with this Article, adopt 
            procedures to enable a right holder, who has valid grounds for 
            suspecting that the importation of counterfeit trademark goods 
            or pirated copyright goods may take place, to lodge an 
            application in writing with its competent authorities, whether 
            administrative or judicial, for the suspension by the customs 
            administration of the release of such goods into free 
            circulation.  No Party shall be obligated to apply such 
            procedures to goods in transit.  A Party may permit such an 
            application to be made in respect of goods that involve other 
            infringements of intellectual property rights, provided that 
            the requirements of this Article are met.  A Party may also 
            provide for corresponding procedures concerning the suspension 
            by the customs administration of the release of infringing 
            goods destined for exportation from its territory. 
 
            2.   Each Party shall require any applicant who initiates 
            procedures under paragraph 1 to provide adequate evidence: 
 
                 (a)  to satisfy that Party's competent authorities that, 
                      under the domestic laws of the country of 
 
 
 
                                         17-23  
 
 
 
 
 
 
  
 
 
 
 
 
                      importation, there is prima facie an infringement of 
                      its intellectual property right; and  
 
                 (b)  to supply a sufficiently detailed description of the 
                      goods to make them readily recognizable by the 
                      customs administration. 
 
            The competent authorities shall inform the applicant within a 
            reasonable period whether they have accepted the application 
            and, if so, the period for which the customs administration 
            will take action. 
 
            3.   Each Party shall provide that its competent authorities 
            shall have the authority to require an applicant under 
            paragraph 1 to provide a security or equivalent assurance 
            sufficient to protect the defendant and the competent 
            authorities and to prevent abuse.  Such security or equivalent 
            assurance shall not unreasonably deter recourse to these 
            procedures. 
 
            4.   Each Party shall provide that, where pursuant to an 
            application under procedures adopted pursuant to this Article, 
            its customs administration suspends the release of goods 
            involving industrial designs, patents, integrated circuits or 
            trade secrets into free circulation on the basis of a decision 
            other than by a judicial or other independent authority, and 
            the period provided for in paragraphs 6 through 8 has expired 
            without the granting of provisional relief by the duly 
            empowered authority, and provided that all other conditions for 
            importation have been complied with, the owner, importer or 
            consignee of such goods shall be entitled to their release on 
            the posting of a security in an amount sufficient to protect 
            the right holder against any infringement.  Payment of such 
            security shall not prejudice any other remedy available to the 
            right holder, it being understood that the security shall be 
            released if the right holder fails to pursue its right of 
            action within a reasonable period of time. 
 
            5.   Each Party shall provide that its customs administration 
            shall promptly notify the importer and the applicant when the 
            customs administration suspends the release of goods pursuant 
            to paragraph 1. 
 
            6.   Each Party shall provide that its customs administration 
            shall release goods from suspension if within a period not 
            exceeding 10 working days after the applicant under paragraph 1 
            has been served notice of the suspension the customs 
            administration has not been informed that: 
 
 
 
 
 
                                         17-24  
 
 
 
 
 
 
  
 
 
 
 
 
                 (a)  a party other than the defendant has initiated 
                      proceedings leading to a decision on the merits of 
                      the case, or 
 
                 (b)  a competent authority has taken provisional measures 
                      prolonging the suspension, 
 
            provided that all other conditions for importation or 
            exportation have been met.  Each Party shall provide that, in 
            appropriate cases, the customs administration may extend the 
            suspension by another 10 working days. 
 
            7.   Each Party shall provide that if proceedings leading to a 
            decision on the merits of the case have been initiated, a 
            review, including a right to be heard, shall take place on 
            request of the defendant with a view to deciding, within a 
            reasonable period, whether these measures shall be modified, 
            revoked or confirmed. 
 
            8.   Notwithstanding paragraphs 6 and 7, where the suspension 
            of the release of goods is carried out or continued in 
            accordance with a provisional judicial measure, Article 1716(6) 
            shall apply. 
 
            9.   Each Party shall provide that its competent authorities 
            shall have the authority to order the applicant under paragraph 
            1 to pay the importer, the consignee and the owner of the goods 
            appropriate compensation for any injury caused to them through 
            the wrongful detention of goods or through the detention of 
            goods released pursuant to paragraph 6. 
 
            10.  Without prejudice to the protection of confidential 
            information, each Party shall provide that its competent 
            authorities shall have the authority to give the right holder 
            sufficient opportunity to have any goods detained by the 
            customs administration inspected in order to substantiate the 
            right holder's claims.  Each Party shall also provide that its 
            competent authorities have the authority to give the importer 
            an equivalent opportunity to have any such goods inspected.  
            Where the competent authorities have made a positive 
            determination on the merits of a case, a Party may provide the 
            competent authorities the authority to inform the right holder 
            of the names and addresses of the consignor, the importer and 
            the consignee, and of the quantity of the goods in question. 
 
            11.  Where a Party requires its competent authorities to act on 
            their own initiative and to suspend the release of goods in 
            respect of which they have acquired prima facie evidence that 
            an intellectual property right is being infringed: 
 
 
 
 
                                         17-25  
 
 
 
 
 
 
  
 
 
 
 
 
                 (a)  the competent authorities may at any time seek from 
                      the right holder any information that may assist them 
                      to exercise these powers; 
 
                 (b)  the importer and the right holder shall be promptly 
                      notified of the suspension by the Party's competent 
                      authorities, and where the importer lodges an appeal 
                      against the suspension with competent authorities, 
                      the suspension shall be subject to the conditions, 
                      with such modifications as may be necessary, set out 
                      in paragraphs 6 through 8; and 
 
                 (c)  the Party shall only exempt both public authorities 
                      and officials from liability to appropriate remedial 
                      measures where actions are taken or intended in good 
                      faith. 
 
            12.  Without prejudice to other rights of action open to the 
            right holder and subject to the defendant's right to seek 
            judicial review, each Party shall provide that its competent 
            authorities shall have the authority to order the destruction 
            or disposal of infringing goods in accordance with the 
            principles set out in Article 1715(5).  In regard to 
            counterfeit goods, the authorities shall not allow the re- 
            exportation of the infringing goods in an unaltered state or 
            subject them to a different customs procedure, other than in 
            exceptional circumstances. 
 
            13.  A Party may exclude from the application of paragraphs 1 
            through 12 small quantities of goods of a non-commercial nature 
            contained in travellers' personal luggage or sent in small 
            consignments that are not repetitive. 
 
            14.  Annex 1718.14 applies to the Parties specified in that 
            Annex. 
 
 
            Article 1719:   Cooperation and Technical Assistance 
 
            1.   The Parties shall provide each other on mutually agreed 
            terms with technical assistance and shall promote cooperation 
            between their competent authorities.  Such cooperation shall 
            include the training of personnel. 
 
            2.   The Parties shall cooperate with a view to eliminating 
            trade in goods that infringe intellectual property rights.  For 
            this purpose, each Party shall establish and notify the other 
            Parties by January 1, 1994 of contact points in its federal 
            government and shall exchange information concerning trade in 
            infringing goods. 
 
 
 
                                         17-26  
 
 
 
 
 
 
  
 
 
 
 
 
            Article 1720:   Protection of Existing Subject Matter 
 
            1.   Except as required under Article 1705(7), this Agreement 
            does not give rise to obligations in respect of acts that 
            occurred before the date of application of the relevant 
            provisions of this Agreement for the Party in question. 
 
            2.   Except as otherwise provided for in this Agreement, each 
            Party shall apply this Agreement to all subject matter existing 
            on the date of application of the relevant provisions of this 
            Agreement for the Party in question and that is protected in a 
            Party on such date, or that meets or subsequently meets the 
            criteria for protection under the terms of this Chapter.  In 
            respect of this paragraph and paragraphs 3 and 4, a Party's 
            obligations with respect to existing works shall be solely 
            determined under Article 18 of the Berne Convention and with 
            respect to the rights of producers of sound recordings in 
            existing sound recordings shall be determined solely under 
            Article 18 of that Convention, as made applicable under this 
            Agreement. 
 
            3.   Except as required under Article 1705(7), and 
            notwithstanding the first sentence of paragraph 2, no Party may 
            be required to restore protection to subject matter that, on 
            the date of application of the relevant provisions of this 
            Agreement for the Party in question, has fallen into the public 
            domain in its territory. 
 
            4.   In respect of any acts relating to specific objects 
            embodying protected subject matter that become infringing under 
            the terms of laws in conformity with this Agreement, and that 
            were begun or in respect of which a significant investment was 
            made, before the date of entry into force of this Agreement for 
            that Party, any Party may provide for a limitation of the 
            remedies available to the right holder as to the continued 
            performance of such acts after the date of application of this 
            Agreement for that Party.  In such cases, the Party shall, 
            however, at least provide for payment of equitable 
            remuneration. 
 
            5.   No Party shall be obliged to apply Article 1705(2)(d) or 
            1706(1)(d) with respect to originals or copies purchased prior 
            to the date of application of the relevant provisions of this 
            Agreement for that Party. 
 
            6.   No Party shall be required to apply Article 1709(10), or 
            the requirement in Article 1709(7) that patent rights shall be 
            enjoyable without discrimination as to the field of technology, 
            to use without the authorization of the right holder where 
            authorization for such use was granted by the government before 
 
 
 
                                         17-27  
 
 
 
 
 
 
  
 
 
 
 
 
            the text of the Draft Final Act Embodying the Results of the 
            Uruguay Round of Multilateral Trade Negotiations became known. 
 
            7.   In the case of intellectual property rights for which 
            protection is conditional on registration, applications for 
            protection that are pending on the date of application of the 
            relevant provisions of this Agreement for the Party in question 
            shall be permitted to be amended to claim any enhanced 
            protection provided under this Agreement.  Such amendments 
            shall not include new matter. 
 
 
            Article 1721:   Definitions 
 
            1.   For purposes of this Chapter: 
 
            confidential information includes trade secrets, privileged 
            information and other materials exempted from disclosure under 
            the Party's domestic law. 
 
            2.   For purposes of this Agreement: 
 
            encrypted program-carrying satellite signal means a 
            program-carrying satellite signal that is transmitted in a form 
            whereby the aural or visual characteristics, or both, are 
            modified or altered for the purpose of preventing the 
            unauthorized reception, by persons without the authorized 
            equipment that is designed to eliminate the effects of such 
            modification or alteration, of a program carried in that 
            signal; 
 
            geographical indication means any indication that identifies a 
            good as originating in the territory of a Party, or a region or 
            locality in that territory, where a particular quality, 
            reputation or other characteristic of the good is essentially 
            attributable to its geographical origin; 
 
            in a manner contrary to honest commercial practices means at 
            least practices such as breach of contract, breach of 
            confidence and inducement to breach, and includes the 
            acquisition of undisclosed information by other persons who 
            knew, or were grossly negligent in failing to know, that such 
            practices were involved in the acquisition; 
 
            intellectual property rights refers to copyright and related 
            rights, trademark rights, patent rights, rights in layout 
            designs of semiconductor integrated circuits, trade secret 
            rights, plant breeders' rights, rights in geographical 
            indications and industrial design rights; 
 
 
 
 
                                         17-28  
 
 
 
 
 
 
  
 
 
 
 
 
            nationals of another Party means, in respect of the relevant 
            intellectual property right, persons who would meet the 
            criteria for eligibility for protection provided for in the 
            Paris Convention (1967), the Berne Convention (1971), the 
            Geneva Convention (1971), the International Convention for the 
            Protection of Performers, Producers of Phonograms and 
            Broadcasting Organizations (1961), the UPOV Convention (1978), 
            the UPOV Convention (1991) or the Treaty on Intellectual 
            Property in Respect of Integrated Circuits, as if each Party 
            were a party to those Conventions, and with respect to 
            intellectual property rights that are not the subject of these 
            Conventions, "nationals of another Party" shall be understood 
            to be at least individuals who are citizens or permanent 
            residents of that Party and also includes any other natural 
            person referred to in Annex 201.1 (Country-Specific 
            Definitions); 
 
            public includes, with respect to rights of communication and 
            performance of works provided for under Articles 11, 11bis(1) 
            and 14(1)(ii) of the Berne Convention, with respect to 
            dramatic, dramatico-musical, musical and cinematographic works, 
            at least, any aggregation of individuals intended to be the 
            object of, and capable of perceiving, communications or 
            performances of works, regardless of whether they can do so at 
            the same or different times or in the same or different places, 
            provided that such an aggregation is larger than a family and 
            its immediate circle of acquaintances or is not a group 
            comprising a limited number of individuals having similarly 
            close ties that has not been formed for the principal purpose 
            of receiving such performances and communications of works; and 
 
            secondary uses of sound recordings means the use directly for 
            broadcasting or for any other public communication of a sound 
            recording. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         17-29  
 
 
 
 
 
 
  
 
 
 
 
 
                                                               Annex 1701.3                                             
                  ____________ 
 
 
                                      Annex 1701.3 
 
                           Intellectual Property Conventions 
 
 
            1.   Mexico shall: 
 
                 (a)  make every effort to comply with the substantive 
                      provisions of the 1978 or 1991 UPOV Convention as 
                      soon as possible and shall do so no later than two 
                      years after the date of signature of this Agreement; 
                      and 
 
                 (b)  accept from the date of entry into force of this 
                      Agreement applications from plant breeders for 
                      varieties in all plant genera and species and grant 
                      protection, in accordance with such substantive 
                      provisions, promptly after complying with 
                      subparagraph (a). 
 
            2.   Notwithstanding Article 1701(2)(b), this Agreement confers 
            no rights and imposes no obligations on the United States with 
            respect to Article 6bis of the Berne Convention, or the rights 
            derived from that Article. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         17-30  
 
 
 
 
 
 
  
 
 
 
 
 
                                                               Annex 1705.7                                             
                  ____________ 
 
 
                                      Annex 1705.7 
 
                                       Copyright 
 
 
                 The United States shall provide protection to motion 
            pictures produced in another Party's territory that have been 
            declared to be in the public domain pursuant to 17 U.S.C. 
            section 405.  This obligation shall apply to the extent that it 
            is consistent with the Constitution of the United States, and 
            is subject to budgetary considerations. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         17-31  
 
 
 
 
 
 
  
 
 
 
 
 
                                                               Annex 1710.9                                             
                  ____________ 
 
 
                                      Annex 1710.9 
 
                                     Layout Designs 
 
 
                 Mexico shall make every effort to implement the 
            requirements of Article 1710 as soon as possible, and shall do 
            so no later than four years after the date of entry into force 
            of this Agreement. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         17-32  
 
 
 
 
 
 
  
 
 
 
 
 
                                                              Annex 1718.14                                            
                  _____________ 
 
 
                                     Annex 1718.14 
 
                      Enforcement of Intellectual Property Rights 
 
 
                 Mexico shall make every effort to comply with the 
            requirements of Article 1718 as soon as possible and shall do 
            so no later than three years after the date of signature of 
            this Agreement. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         17-33  
 
 
 
 
 
 
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