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Original Wikirealease here - https://wikileaks.org/tpp/static/pdf/Wikileaks-secret-TPP-treaty-IP-chapter.pdf

 Secret TPP treaty: Advanced Intellectual
Property chapter for all 12 nations with
negotiating positions
WikiLeaks release: November 13, 2013

This is the confidential draft treaty chapter from the Intellectual Property group of the Trans-Pacific
Partnership (TPP) talks between the United States, Japan, Mexico, Canada, Australia, Malaysia,
Chile, Singapore, Peru, Vietnam, New Zealand and Brunei Darussalam. The treaty is being
negotiated in secret by delegations from each of the 12 countries, who together account for 40% of
global GDP. The chapter covers proposed international obligations and enforcement mechanisms for
copyright, trademark and patent law, and includes the combined positions of all of the parties as they
were by the end of August 2013. The document was produced and distributed to the Chief Negotiators
on August 30, 2013, after the 19th Round of Negotiations at Bandar Seri Begawa
This Document Contains TPP CONFIDENTIAL Information
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Intellectual Property [Rights] Chapter
30 August
2013
COVER PAGE
INTELLECTUAL PROPERTY [RIGHTS] CHAPTER
CONSOLIDATED TEX

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Article QQ.A.3:
{General Provisions}
Each Party shall give effect to the provisions of this Chapter. A Party may, but
shall not be obliged to, provide more extensive protect
io
n for, and enforcement of,
intellectual property rights under its law
than
is required by this Chapter, provided that
such protection and enforcement does not contravene the provisions of this Chapter.
Each Party shall be free to determine the appropriate method of implementing the
provisions of this Chapter within its own legal system and practice.
Article QQ.A.4:
{Declaration on the TRIPS Agreement and Public Health}
The Parties affirm their commitment to the
Declaration on the TRIPS Agreement and
Public Health
(WT/MIN(01)/DEC/2).
Article QQ.A.5:
{Understandings Regarding Certain Public Health Measures
7
}
The Parties have reached the following understandings regarding this Chapter:
(a) The obligations of this Chapter do not and should not prevent a Party from
taking measures to protect public health by promoting access to medicines for
all, in particular concerning cases such as HIV/AIDS, tuberculosis, malaria, [US
oppose: chagas] and other epidemics as well as circumstances of extreme
urgency or national emergency. Accordingly, while reiterating their commitment
to this Chapter, the Parties affirm that this Chapter can and should be interpreted
and implemented in a manner supportive of each Party's right to protect public
health and, in particular, to promote access to medicines for all.
8
(b) In recognition of the commitment to access to medicines that are supplied in
accordance with the Decision of the General Council of 30 August 2003 on the
Implementation of Paragraph Six of the Doha Declaration on the TRIPS
Agreement and Public Health (WT/L/540) and the WTO General Council
Chairman
'
s statement accompanying the Decision (JOB(03)/177, WT/GC/M/82
) [SG/BN/VN/PE/CL/CA/MY/NZ/US/AU
9
/MX/JP: , as well as the
D
ecision on
the Amendment of the TRIPS Agreement, adopted by the General Council, 6
7
Negotiators' Note: JP is reflecting further on this paragraph.
8
Negotiators' Note: AU is still considering the drafting and scope of this paragraph.
9
Negotiators' Note: AU is considering the drafting of the language.
4
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December 2005 US/MY propose: and the WTO General
C
ouncil Chairperson's
statement accompanying the Decision (WT/GC/M/100)] (collectively, the
“TRIPS/health solution”), this Chapter does not and should not prevent the
effective utilization of the TRIPS/health solution.
(c) With respect to the aforementioned matters, if [US oppose: any waiver of
any provision of the TRIPS Agreement, or any] [US propose: an] amendment of
the TRIPS Agreement, enters into force with respect to the Parties, and a Party's
application of a measure in conformity with that [US oppose: waiver or]
amendment [US oppose: is contrary to the obligations of] [US propose: violates
] this Chapter, the Parties shall immediately consult in order to adapt this
Chapter as appropriate in the light of the [US oppose: waiver or] amendment.
Article QQ.A.6:
{Existing Rights and Obligations / International Agreements}
1.
[US: Further to Article
–
AA.2,] the Parties affirm their existing rights and
obligations with respect to each other under the TRIPS Agreement [CL/PE: and any
other multilateral agreements relating to intellectual property to which they are party]
[MX propose: The TRIPS Agreement is incorporated into and made part of this
Agreement,
mutatis mutandis
.][CA Propose: 1. Except as otherwise provided in this
Chapter, nothing in this Chapter shall be construed as a limitation to the flexibilities,
exceptions and limitations set out on the TRIPS Agreement and any other multilateral
agreement relating to intellectual property to which they are party.]
[CL/NZ propose; US/AU/JP/MX oppose: 2. Nothing in this Chapter shall
derogate from existing rights and obligations that Parties have to each other under the
TRIPS Agreement or other multilateral agreements, such as those concluded or
administered under the auspices of the World Intellectual Property Organization
(WIPO), the World Health Organization (WHO) and United Nations Educational,
Scientific and Cultural Organization (UNESCO).]
10
[CA propose; MX/US oppose: 2. Except as otherwise provided in this Chapter, the
Parties shall inte
r
pret this Chapter in such a way as to be [complementary to /
compatible with] their rights and obligations under multilateral treaties concluded or
administered under the auspices of the World Trade Organization (WTO), the World
Intellectual Property Organization (WIPO), the World Health Organization (WHO)
and the United Nations Educational, Scientific and Cultural Organization (UNESCO)
to which they are party, especially with regards to measures aimed at protecting public
10
Negotiators' Note: Parties to discuss paragraphs 1, 2 and 3 with legal group to consider possible redundancy
with General Provisions and receive advice on resolution.
5
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[NZ/AU/SG/MY/CA
29
/MX/CL propose; VN/PE oppose: 2.
Each Party shall
endeavour to make available on the Internet [AU/NZ:
(a)
its laws, regulations, procedures, and administrative rulings of general
application concerning the protection and enforcement of intellectual property
rights; and]
(b)
[JP oppose: those deta
il
s of patent, trademark, design, plant variety protection
and geographical indication applications that are open to public inspection
under national law.]]
[US/MX propose; BN oppose: 4
30
.
Nothing in this Chapter shall require a Party to
disclose confidential information the disclosure of which would impede law
enforcement or otherwise be contrary to the public interest [PE oppose: or would
prejudice the legitimate commercial interests of particular enterprises, public or private
].]
31
Article QQ.A.11:
{Application of Agreement to Existing Subject Matter and Prior
Acts}
[US propose: 1.
Except as it otherwise provides, including in Article QQ.G.8__
(Berne 18/TRIPS 14.6), this Chapter gives rise to obligations in respect of all subject
matter existing at the date of entry into force of this Agreement that is protected on
that date in the territory of the Party where protection is claimed, or that meets or
comes subs
e
quently to meet the criteria for protection under this Chapter.
32
]
2.
33
[CL/NZ/PE/MY/BN/VN/CA/MX oppose: Except as otherwise provided in
this Chapter, including Article QQ.G.8____ (Berne 18/TRIPS 14.6),
]
a Party shall not
be required to restore protection to subject matter that on the date of
entry into force of
29
Negotiators' Note: CA supports in principle pending clarification of what is meant by “open to public
inspection” in sub-paragraph (b).
30
Negotiators note: AU/MY/CA/JP/MX: support inclusion of a pr
o
vision regarding disclosure of con
fidential
information but would prefer to see such a provision located in a chapter dealing with general provisions and
exceptions.
31
Text from LII Group inserted for comparison purposes: [LII Group:
Article CCC.6: Disclosure of
Information.
Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to
confidential information the disclosure of which would impede law enforcement, otherwise be contrary to the
public interest, or prejudice the legitimate commercial interests of particular enterprises, public or private.
FN: AU/NZ/MY: For the purposes of this paragraph, the public interest includes, for example, compliance
with legislative or constitutional provisions regarding privacy.
]
32
Negotiators' Note:
AU/NZ/CL/SG/PE/MY/BN/VN/JP/MX/CA/US reserve positions pending final outcome
of Chapter. All Parties agree to revisit this provision at the conclusion of this chapter.
33
Negotiators' Note: JP will follow consensus on this paragraph.
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this Agreement has fallen into the public domain in its
territory.
3.
This Chapter does not give rise to obligat
io
ns in respect of acts that occurred
before the date of entry into force of this Agreement.
Article QQ.A.12:
{International Exhaustion of Rights}
[CL/MY/NZ/VN/SG/BN/PE propose; US/AU/JP/MX oppose: The Parties are
encouraged to establish international exhaustion of rights.]
Article QQ.A.13:
{Public Domain}
[CL/VN/PE propose: Each Party shall endeavour to provide relevant information to
disseminate public domain, including appropriate tools that help to identify the [CL:
extension] [VN: expiration] of the terms of protection of intellectual property rights.]
[CL/VN propose: 1. The Parties recognize the importance of a rich and accessible
public domain for their societies and the need that public domain material shall be free
for its use by all persons.
2. For purposes of paragraph 1, each Party shall endeavor to:
a)
identify subject matter that has fallen into the public domain within their
respective jurisdictions;
b)
promote access to the public domain; and
c)
preserve the public domain.
3. Actions to achieve the purposes referred to in paragraph 2, may include the
development of publicly accessible data bases of registered rights, guidelines and other
tools to enhance access to material in the public domain.
4. Each Party shall make its best efforts to promote cooperation among the Parties to
identify and facilitate access to subject matter that has fallen into the public domain
and share updated information related to right holders and terms of protection.]
[CL/VN Alternative Proposal:
1. The Parties recognize the importance of a rich and accessible public domain for
their societies and the need that public domain material shall be free for its use by all
persons.
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2. For this purpose, Parties may include the development of publicly accessible data
bases of registered rights, guidelines and other tools to enhance access to material in
the public domain.
3. Each Party shall make its best efforts to promote cooperation among the Parties to
identify and faciliate access to subject matter that has fallen into the public domain and
share updated information related to righ
t
holders and terms of protection.]
12
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COOPERATION
Note: We have not introduced braces into this section because party attributions
are not clear based on the text.
Section B: Cooperation
Article QQ.B.1:
{Contact Points}
Each Party shall designate at least one contact point for the purpose of cooperation
under this section.
Article QQ.B.2:
[NZ/CL/SG/VN/MY/BN/MX propose:
Cooperation in the
implementation of international agreements
[NZ/CL/SG/BN/AU/MY/PE/VN/MX propose: 1. [AU/US oppose: Where a Party is a
member of any of the following agreements, that Party shall, where appropriate and
upon request by another Party, support that Party in implementing any of the fol
l
owing
agreements]
[AU/CA/JP/SG: A Party may seek to coop
era
te with other Parties to
support its accession to, and implementation of, the agreements X-X ]:
(a)
Patent Cooperation Treaty;
[PE/CA oppose: (b)
Protocol Relating to the Madrid Agreement
C
oncerning the
International Registration of Marks;
(c)
Singapore Treaty on the Law of Trademarks;] and
(d)
Nice Agreement Concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks.
]
[JP/SG/PE propose: (e)
International Convention for the Protection of New
Varieties of Plants (1991) (UPOV Convention)
]
[AU: 2. Each Party shall endeavor to provide such cooperation as appr
opri
ate
and upon request.]
Article QQ.B.3
{Cooperation Activities}
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[AU/CL/NZ/PE/SG/BN/MX/VN/MY/US/CA propose: The Parties shall endeavour to
cooperate on the subject matter covered by this Chapter through appropriate
cooordination, training and exchange of information between the intellectual property
offices, [or other relevant institutions]
34
, of the Parties. Cooperation may cover such
areas as:
(a)
developments in domestic and international intellectual property policy
(b)
intellectual property administration and registration systems
(c)
education and awareness relating to intellectual property
(d)
intellectual property issues relevant to:
a.
small and medium-sized enterprises
b.
science, technology & innovation activities[PE propose: , which may
include generation, transfer and dissemination of technology.]
(e)
policies involving the use of intellectual property for research, innovation and
economic growth
(f)
s
uch other areas as may be agreed among [AU/NZ oppose: the] Parties.]
Article QQ.B.4:
{Patent Cooperation}
[[AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: In order to improve quality and
efficiency in the Parties' patent systems,] The Parties shall endeavour to [US/SG
propose: cooperate] [US oppose: establish a framework for cooperation] among their
respective patent offices to facilitate the [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP
oppose: exploitation] [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: sharing
and use] of search and ex
a
mination work of other Parties. This may include:
(a)
making search and examination results available to the patent offices of other
Parties, and
(b)
exchanges of information on quality assurance systems and quality standards
relating to patent searching and examination;
[JP propose; CL/PE oppose: (c) implementing and promoting the Patent
Prosecution Highway;]
34
Negotiators' Note: CA is reflecting on the notion of the meaning of relevant authorities.
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[CL/AU/MY/NZ/SG/PE/VN/CA/MX/BN oppose: which may, among other things,
facilitate work sharing.]
35
]
36
[JP proposal: 2. In the course of the cooperation referred to Paragraph 1, the Parties are
encouraged not to require the applicants to submit search and examination results,
including cited documents, made available by the patent offices of other Parties, with a
view to reducing the procedural costs of the applicants.]
Article QQ.B.5:
Cooperation activities and initiatives undertaken under this
Chapter shall be subject to the availability of resources, and on request and on terms
and conditions mutually agreed upon between the Parties involved.[VN propose: ,
including the technical assistance for developing countries.]
35
Negotiators' Note: US consulting experts on wording of provision.
36
Negotiators' Note: US and JP can go along with the consensus.
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{TRADEMARKS}
{Section C: Trademarks}
Article QQ.C.1:
{Types of Signs Registrable as Trademarks}
[NZ/US/AU/CL/PE/SG/CA/JP/MY
37
propose: 1. [VN/BN/MX oppose: No] Party may
require, as a condition of registration, that a sign be visually percepti
b
le, [VN/BN/MX
oppose: nor may a Party] [V
N
/BN/MX propose: and] deny registration of a trademark
solely on the ground that the sign of which it is composed is a sound [CL/CA/JP/MY
oppose: or a scent] [CL/CA/MX/MY propose: Each Party may provide trademark
protection for scents].] A Party may require a concise and accurate descri
p
tion, or
graphical representation, or both, as applicable, of the trademark.
Article QQ.C.2:
{Collective and Certification Marks}
1.
Each Party shall provide that trademarks shall include collective marks and
certification marks. A Party is not obligated to treat certification marks as a separate
category in its domestic law, provided that such marks are protected.
Each Party [JP/MX propose: may][ JP oppose: shall] also provide that signs that may
serve as geographical indications are eligible for protection under its trademark system
[
38
]
39
[
PE/NZ/MX/CL/BN/AU/US/JP/SG oppose; VN propose
40
: A Party may provide
that Signs descriptive of geographical origin of goods or services, including
geographical indication as defined in Article 22 of the TRIPS Agreement, may not be
protected as trademarks other than collective and certification marks, unless they have
acquired distinctiveness through use.]
[US/PE/MX
41
/SG propose; AU/NZ/ VN/BN/MY/CL/CA oppose: 2.
Pursuant to
Article 20 of the TRIPS Agreement, each Party shall ensure that its measures
mandating
the use of the term customary in common language as the common name
for a good or service (“common name”) including, inter alia, requirements concerning
37
Negotiators' Note: MY supports this article subject to further domestic implementation.
38
[JP propose: For clarity a Party may require that a sign has acquired distinctiveness through use, where the
sign consists only of names of place.]
39
For purposes of this Chapter,
geographical indication
means indications that identify a good as originating
in the territory of a party, or a region or locality in that territory, where a given quality, reputation, or other
characteristic of the good is essentially attributable to its geographical origin. Consistent with this definition,
any sign or combination of signs shall be eligible for protection under one or more of the legal means for
protecting G
I
s, or a combination of such means.
40
Negotiators' Note:
CA/MY is flexible on this proposal.
41
Negotiators' Note
s
:
PE/MX/SG will go with consensus on this paragraph.
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the relative size, placement or style of use of the trademark in relation to the common
name, do not impair the use or effectiveness of trademarks used in relation to such
good or service. [
42
]]
43
[
44
]
Article QQ.C.3:
{Use of Identical or Similar Signs}
Each Party shall provide that the owner of
a
registered trademark shall have the
exclusive right to prevent third parties not having the owner's consent from using in
the course of trade identical or similar signs, [PE/MY/VN/CA/MX oppose
45
: including
subsequent geographical indications,] for goods or services that are related 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, [PE/MY/SG/CL/CA/MX/VN oppose
46
:
including a geographical indicat
io
n,] for identical goods or services, a likelihood of
confusion shall be presumed.
Article QQ.C.4:
Each Party may provide limited exceptions to the rights conferred by a trademark,
such as fair use of descriptive terms, provided that such exceptions take account of the
legitimate interest of the owner of the trademark and of third parties.
[VN propose; AU/US/NZ/SG/MY/CL/PE/CA/JP/BN oppose: The owner of a
registered trademark shall not have the right to prevent third parties from using
geographical indications or other signs descriptive of goods and services even though
they are identical or similar to the trademark unless
s
uch use would result in
confusion.]
47
Article QQ.C.5:
{Well Known Trademarks}
1.
No Party may require as a condition for determining that a trademark is well-
known that the trademark has been registered in the Party or in another jurisdiction,
42
[PE/US propose: For greater certainty, the existence of such measures does not per se, amount to impairment.
]
43
Negotiators' Note:
MX is still reflecting on this provision. JP is considering this provision.
44
[SG propose: this provision is not intended to affect the use of common names of pharmaceutical products in
prescribing medicine.]
45
Negotiators' Note:
JP is considering this provision.
46
Negotiators' Note:
JP is considering this provision.
47
Negotiators' Note:
MX will go with consensus with this paragraph.
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included on a list of well-kn
ow
n trademarks, or given prior recognition as a well-
known trademark.
2.
Article 6
bis
of the Paris Convention for the Protection of Industrial Property
(1967) shall apply,
mutatis mutandis,
to goods or services that are not identical or
similar to those identified by a well-known trademark,[
48
] [BN oppose: whether
registered or not
49
,] provided that use of that trademark in relation to those goods or
services would indicate a connection between those goods or services and the owner of
the trademark, and provided that the interests of the owner of the trademark are likely
to be damaged by such use.
3.
Each Party recog
n
izes the importance of the
Joint Recommendation Concerning
Provisions on the Protection of Well-Known Marks
(1999) as adopted by the Assembly
of the Paris Union for the Protection of Industrial Property and the General Assembly
of WIPO.
[US/BN/CL/PE/MX/CA/JP/NZ/SG/VN propose; AU/MY oppose: 4
50
.
Each
Party
shall [PE/BN/MX/CA
51
propose: according to domestic laws] provide for appropriate
measures to refuse or cancel the registration and prohibit the use of a trademark that is
identical or similar to a well-known trademark, [SG/VN propose: as being already
well-known before the registration or use of the first-mentioned trademark,] for related
goods or services, if the use of that trademark is likely to cause confusion [CA/SG/VN
oppose:
52
or to deceive or risk associating the trademark with the owner of the well-
known trademark, or constitutes unfair exploitation of the reputation of the well-
known trademark.]]
Article QQ.C.6:
{Examination, Opposition and Cancellation / Procedural
Aspects}
Each Party shall provide a system for the examination and registration of trademarks
which shall include,
inter alia:
(a)
providing to the applicant a communication in writing, which may be
electronic, of the reasons for any refusal to register a trademark;
48
[US/CA/CL/MX/SG/NZ/VN/BN/AU/MY propose: Where a Party determines whether a mark is well-known
in the Party, the Party need not require that the reputation of the trademark extend beyond the sector of the
public that normally deals with the relevant goods or services.]
49
Negotiators' Note:
MY support subject to domestic implementation.
50
Negotiators' Note:
Parties reviewing the scope of this paragraph intersessionally.
51
Negotiators' Note:
CA is flexible on this language, subject to its final attribution of this paragraph.
52
Negotiators' Note:
JP is considering this provision.
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(b)
providing the opportunity for the applicant to respond to communications
from the competent authorities, to contest an initial refusal, and to appeal
judicially any final refusal to register a trademark;
(c)
providing an opportunity to oppose the registration of a trademark or to seek
cancellation
53
of
a
trademark; and
(d)
requiring that administrative decisions in oppositions and cancellation
proceedings be reasoned and in writing. Written decisions may be provided
electronically.
Article QQ.C.7:
{Electronic Trademarks System}
Each Party shall provide:
(a)
a system for the electronic application for, and maintenance of, trademarks;
and
(b)
a publicly available electronic information system, including an online
database, of trademark applications and of registered trademarks.
Article QQ.C.8:
{Classification of Goods and Services}
Each Party shall adopt or maintain a trademark classification system that is consistent
with the
Nice Agreement Concerning the International Classification of Goods and
Services for the Purposes of the Registration of Marks
(Nice Classification) of [June
15, 1957], as revised and amended. Each Party shall provide that:
[CA oppose: (a) registrations and the publications of applications
indicate the goods and services by their names, grouped according to the
classes established by the Nice Classification
54
; and]
(b)
goods or services may not be considered as being similar to each other
on the ground that, in any registration or publication, they are classfied
53
For greater certainty, cancellation for purposes of this Section may be implemented through nullity or
revocation proceedings.
54
Parties that rely on translations of the Nice Classification are required to follow updated versions of the Nice
Classification to the extent that official translations have been issued and published.
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No Party shall preclude the possibility that a term that it recognized as a trademark or
geographical indication may become a term customary in the common language as the
common name for the associated goods or services.]
Article QQ.D.8:
[CL/PE/AU/US/NZ/MX/CA/VN/JP propose
77
; BN oppose: In
determining whether a term is the term customary in the common language as the
common name for the relevant goods or services in a Party's territory, a Party's
authorities shall have the authority to take into account how consumers understand the
term in that Party's territory. Factors relevant to such consumer understanding may
include [SG/CL/PE/MX/VN propose: if appropriate]:
(a)
whether the term is used to refer to the type of product in question, as
indicated by competent sources such as dictionaries, newspapers, and relevant
websites;
(b)
how the product referenced by the term is marketed and used in trade in the
territory of that Party; and
(c)
[CL/PE/MX/CA oppose
78
: whether the term is used in relevant international
standards to refer to a class or type of product].]
Article QQ.D.9:
[NZ/AU/US/VN/BN/CL propose
79
;
PE/MY/MX oppose: An
individual component of a multi-component term that is protected as a geographical
indication in a Party shall remain available for the public to use in that Party if the
individual component is
a
term custom
a
ry in the common language as the common
name for the associated goods.]
[SG propose
80
: For greater certainty, nothing in this section shall require a Party to
apply its provisions in respect of any individual component contained in a GI for
which that individual component is identical with the term customary in common
language as the common name of such goods in the territory of that Party.]
Article QQ.D.1
0
:
[US propose;
81
AU/CL/SG/PE/MY/NZ/BN/VN/MX/CA oppose:
The existence of a geographical indication shall not be a ground upon which a Party
77
Negotiators' Note: CA reserves its right to revisit this article once the Geographical Indication provisions
have been agreed upon. MY/SG still considering this provision.
78
Negotiators' Note: JP is considering this provision.
79
Negotiators
' Note: CA is reflecting on both proposals. JP is considering this provision.
80
Negotiators' Note: MY/PE supports SG proposal in principle but is reflecting on language.
81
Negotiators' Note: JP is considering this provision.
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may:
(a)
refuse a trademark owner's otherwise permissible request to renew the
registration of its trademark; or
(b)
refuse a trademark owner's request to register an otherwise permissible
modification of its registered trademark.]
Article QQ.D.11:
[CL/SG/BN/VN/MX propose
82
; AU/PE/US/NZ/CA/JP oppose:
List of Geographical Indications
The terms listed in Annex [...] are recognized as geographical indications of the
respective Party, within the meaning of paragraph 1 of Article 22 of the TRIPS
Agreement. Subject to domestic laws [
83
], in a manner that is consistent with the
TRIPS Agreement, such terms will be protected as geographical indications in the
territories of the other Parties.]
Article QQ.D.12:
{Homonymous Geographical Indications}
[NZ/CL/VN/MY/BN/SG/MX propose
84
; PE/US/AU oppose: 1. Each Party may
provide protection to homonymous geographical indications. Where a Party provides
protection to homonymous geographical indications, that Party may, where necessary,
lay down the practical conditions of use to make a distinction between the
homonymous geographical indications, taking into account the need to ensure
equitable treatment of the producers concerned and that consumers are not misled.]
[CL propose;
AU/US/PE/NZ/VN/SG/MY/BN/MX/CA/JP oppose:
2. The Parties
recognize the geographical indication
Pisco
for the exclusive use for products from
Chile and Peru.]
[CL/SG/BN/MX propose; AU/PE/US/NZ/CA/JP oppose:
Annex [...] Lists of
Geographical Indications]
Article QQ.D.13:
{Country Names}
82
Negotiators' Note: VN supports subject to this list of G
I
s in the Annex.
83
[CL/BN/SG propose: For greater certainty, the Parties acknowledge that geographical indications will be
recognized and protected in the Parties only to the extent permitted by and according to the terms and
conditions set out in their respective domestic laws.]
84
Negotiators' Note: CA is continuing to reflect on this provision but notes concerns regarding scope and
operation. JP is considering this provision.
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[CL/AU/NZ/SG/BN/VN/MY/PE/CA/MX/JP propose
85
: The Parties shall provide the
legal means for interested parties to prevent commercial use of country names of the
Parties in relation to goods in a manner which misleads consumers as to the origin of
such goods.]
Article QQ.D.14:
[US propose
86
; CL/PE/VN/MY/CA oppose: Each Party shall
permit the use, and as appropriate, allow the registration, of signs o
r
indications that
identify goods other than wines or spirits, and that reference a geographical area that is
not the place of origin of the goods, unless such use is misleading, would constitute an
act of unfair competition, or would cause a likelihood of confusion with a prior
t
r
ademark or geographical indication that identifies the same or similar goods. The
foregoing shall not be understood to prevent a Party from denying registration of such
a sign or indication on other grounds, provided such denial does not derogate from the
provisions of the Paris Convention and the TRIPS Agreement.]
85
Negotiators' Note: US supports the principle reflected in this Article, but has concerns about limiting the
Article just to names of countries.
86
Negotiators' Note: AU/ NZ/ SG/ BN reflecting on reformulated proposal. JP is considering this provision.
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provider
means a provider of tr
an
smission, routing, or connections for
digital online communications without modification of their content
between or among points specified by the user of material of the user's
choosing, [NZ oppose: and for purposes of the functions referred to in
clauses (
i
)(
B
) through (
D
)
service provider
means a provider or operator
of facilities for online services or network access
288
.]]
[US/AU/SG propose; CL/MY/NZ/VN/BN/CA/MX/PE oppose: Annex to
A
rticle
QQ.I.1.3(b)(ix)
In meeting the obligations of Article
QQ.I.1.3(b)(ix)
, each Party shall adopt or
maintain requirements for: (a) effective written notice to service providers with
respect
to materials that are claimed to be infringing, and (b) effective written counter-
notification by those whose material is removed o
r
disabled and who claim that it was
disabled through mistake or misidentification, as set forth in this letter. Effective
written notice means notice that substantially complies with th
e
elements listed in
section (a) of this letter, and effective written counter-notification means counter-
notification that substantially complies with the elements listed in section (b) of this
letter.
(a)
Effective Written Notice, by a Copyright
289
Owner or Person Authorized to Act
on Behalf of an Owner of an Exclusive Right, to a Service Provider's Publicly
Designated Representative
290
In order for a notic
e
to a service provider to comply with the relevant
requirements set out i
n
Article
QQ.I.1.3(b)(ix)
, that notice must be a written
communication, which may be provided electronically, that includes substantially the
following:
1.
the identity, address, telephone number, and electronic mail address of
the complaining party (or its authorized agent);
2.
information reasonably sufficient to enabl
e
the service provider to
288
[CL/MY/SG/NZ/AU/US/PE propose: As used in subparagraph (xii), a Party may provide that network access
includes cases in which network access is provided by another provider.]
289
All references to copyright in this letter are understood to include related rights, and all references to works
are understood to include the subject matter of related rights.
290
The Parties u
n
derstand that a representative is publicly designated to receive notification on behalf of a
service provider if the representative's name, physical and electronic address, and telephone number are
posted on a publicly accessible portion of the service provider's website, and also in a register accessible to
the public through the Internet, or designated in another form or manner appropriate for [insert Party name].
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identify the copyrighted work(s)
291
claimed to have been infringed;
3.
information reasonably sufficient to permit the service provider to
identify and locate the material residing on a system or network controlled or operated
by it or for it that is claimed to be infringing, or to be the subject of infringing activity,
and that is to be removed, or access to which is to be disabled;
292
4.
a statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
5.
a statement that the information in the notice is accurate;
6.
a statement with sufficient in
d
icia of reliability [SG propose:
293
] (such as
a statement under penalty of perjury or equivalent legal sanctions) that the
complaining party is the [SG/AU oppose: holder] [SG/AU propose: owner] of an
exclusive right that is allegedly infringed, or is authorized to act on the owner's behalf;
and
7.
the signature of the person giving notice.
294
(b)
Effective Written Counter-Notification by a Subscriber
295
Whose Material Was
Removed or Disabled as a Result of Mistake or Misidentification of Material
In order for a counter-notification to a service provider to comply with the
relevant requirements set out in
A
rticle
QQ.I.1.3.(b)(ix)
, tha
t
counter-notification must
be a written communication, which may be provided electronically, that includes
subst
a
ntially the following:
291
If multiple copyrighted works at, or linked
to
from, a single online site on a system or network controlled or
operated by or for the service provider are covered by a single notification, a representative list of such works
at, or linked to from, that site may be provided.
292
In the case of notices regarding an information location tool pursuant to paragraph (b)(i)(D) of Article 16.3,
the information provided must be reasonably sufficient to permit the service provider to locate the reference
or link residing on a system or network controlled or operated by or for it, except that in the case of a notice
regarding a substantial number o
f
references or links at a single online site residing on a system or network
controlled or operated by or for the service provider, a representative list of such references or links at the site
may be provided, if accompanied by information sufficient to permit the service provider to locate
the
references or links.
293
[SG propose: To satisfy this requirement, the process to be established shall not be costly or cumbersome. An
appropriate electronic mechanism may be used or incorporated in this process.]
294
A signature transmitted as part of an electronic communication satisfies this requirement.
295
All referenced to “subscriber” in this letter refer to the person whose material has been removed or disabled
by a service provider as a result of an effective notice described in part (a) of this letter.
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Alhué
Valle del B
ío Bío
Buin
Valle
d
el Cachapoal
Valle de Casablanca
Cauquenes
Chillán
Chimbarongo
V
alle del Choapa
Coelemu
Valle de Colchagua
V
alle de Copiapó
Valle de Curicó
Region de Aconcagua
Region de Atacama
Region de Coquimbo
V
alle del Claro
Region del Sur
Region del Valle Central
Valle del Elqui
Valle del Huasco
Illapel
Isla de Maipo
Valle del Itata
Valle de Leyda
Valle de Limarí
Linares
Valle del Loncomilla
Valle del Lontué
Lolol
Valle del Maipo
Maria Pinto
Valle del Marga-Marga
Valle del Maule
Marchigue
Valle del Malleco
Melipilla
Molina
Monte Patria
Mulchén
Nancagua
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Ovalle
Paiguano
Pajarete
Palmilla
Panquehue
Parral
P
e
n
ca
hue
Peralillo
Peumo
Pirque
Portezuelo
Puente Alto
Punitaqui
Quillón
Rancagua
Valle del Rapel
Rauco
Rengo
Requínoa
Río Hurtado
Romeral
Sagrada Familia
Valle de San Antonio
San Juan
Salamanca
San Clemente
San Fernando
San Javier
San Rafael
Santa Cruz
Santiago
Talagante
Talca
Valle del Teno
Valle delTutuvén
Traiguén
Vicuña
Villa Alegre
Vino Asoleado
Yumbel
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SPIRITS
Name of Indication
Country
Pisco
Chile
AGRICULTURAL
Name of Indication
Country
Limón de Pi
c
a
Chile
]
95