Page 371 - Regional Comprehensive Economic Partnership (RCEP)

CHAPTER 11
(c) the character of the government action, including its
2
objective and context. INTELLECTUAL PROPERTY

4. Non-discriminatory regulatory actions by a Party that are
designed and applied to achieve legitimate public welfare SECTION A
objectives, such as the protection of public health, safety, public GENERAL PROVISIONS AND BASIC PRINCIPLES
morals, the environment, and real estate price stabilisation, do not
constitute expropriation of the type referred to in subparagraph
2(b). Article 11.1: Objectives

1. The objective of this Chapter is to reduce distortion and
impediments to trade and investment by promoting deeper
economic integration and cooperation through the effective and
adequate creation, utilisation, protection, and enforcement of
intellectual property rights, while recognising:

(a) the Parties’ different levels of economic development and
capacity, and differences in national legal systems;

(b) the need to promote innovation and creativity;

(c) the need to maintain an appropriate balance between the
rights of intellectual property right holders and the
legitimate interests of users and the public interest;

(d) the importance of facilitating the diffusion of information,
knowledge, content, culture, and the arts; and

(e) that establishing and maintaining a transparent intellectual
property system and promoting and maintaining adequate
and effective protection and enforcement of intellectual
property rights provide confidence to right holders and
users.

2. The protection and enforcement of intellectual property rights
should contribute to the promotion of technological innovation and
to the transfer and dissemination of technology, to the mutual
advantage of producers and users of technological knowledge
and in a manner conducive to social and economic welfare, and
to a balance of rights and obligations.

2 For Korea, a relevant consideration could include whether the investor bears a
disproportionate burden, such as a special sacrifice that exceeds what the investor or
investment should be expected to endure for the public interest. This footnote does
not prejudice the determination of the character of the government action of any other
Party.

10B-2 11-1