4.2.2016
EN
Official Journal of the European Union
L 29/31
CHAPTER 7
Intellectual Property
Article 61
Objectives
The objectives of this Chapter are to:
(a) facilitate the production and commercialisation of innovative and creative products between the Parties; and
(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.
S ec ti on 1
P r incip le s
Article 62
Nature and scope of obligations
1.
The Parties recall their obligation to ensure the adequate and effective implementation of the international
agreements dealing with intellectual property to which they are parties, including the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (‘the TRIPS Agreement’). The provisions of this Chapter shall complement and
further specify the rights and obligations between the Parties under the TRIPS Agreement and other international
agreements in the field of intellectual property.
2.
For the purposes of this Agreement, the term ‘intellectual property’ refers, inter alia, to all categories of intellectual
property referred to in Articles 65 to 96.
3.
Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of
the Paris Convention for the Protection of Industrial Property of 1883, as revised and amended (‘the Paris Convention’).
4.
This Chapter shall not prevent the Parties from applying provisions in their law providing for higher standards for
the protection and enforcement of intellectual property rights, provided that those provisions do not contravene the
provisions of this Chapter.
Article 63
Transfer of technology
1.
The Parties agree to exchange views and information on their law and international practices on the protection
and enforcement of intellectual property rights, affecting transfer of technology. This shall, in particular, include
exchanges on measures to facilitate information flows, business partnerships, and voluntary licensing and subcontracting
agreements. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for
technology transfer in the host countries, including issues such as the domestic legal framework and the development of
human capital.
2.
When measures are taken with regard to technology transfer, the legitimate interests of the intellectual property
right holders shall be protected.
Article 64
Exhaustion
Each Party shall apply a national or regional (1) exhaustion regime of intellectual property rights, in accordance with its
respective domestic law, in respect of copy right and related rights, designs, and trademarks.
(1) The term ‘regional’ refers to regional economic integration organisations that set up an internal market ensuring the free movement of
goods and services.
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