Page 372 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.2: Scope of Intellectual Property

For the purposes of this Chapter, “intellectual property” means copyright
and related rights, trademarks, geographical indications, industrial
designs, patents, layout-designs (topographies) of integrated circuits,
protection of plant varieties, and protection of undisclosed information,
as referred to in Sections 1 through 7 of Part II of the TRIPS Agreement.

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Article 11.3: Relation to Other Agreements

In relation to intellectual property, in the event of any inconsistency
between a provision of this Chapter and a provision of the TRIPS
Agreement, the latter shall prevail to the extent of such inconsistency.

Article 11.4: Principles

1. A Party may, in formulating or amending its laws and regulations,
adopt measures necessary to protect public health and nutrition
and to promote the public interest in sectors of vital importance to
its socio-economic and technological development, provided that
such measures are consistent with this Chapter.

2. Appropriate measures, provided that they are consistent with this
Chapter, may be needed to prevent the abuse of intellectual
property rights by right holders or the resort to practices which
unreasonably restrain trade or adversely affect the international
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transfer of technology.

3. Further to paragraph 2, the Parties recognise the need to foster
competition.

Article 11.5: Obligations

Each Party shall give effect to the provisions of this Chapter. A Party
may, but shall not be obliged to, implement in its law more extensive

1 For the purposes of the application of this Article, the Parties agree that the fact that
this Chapter provides for more extensive protection of intellectual property than is
required by the TRIPS Agreement does not mean there is an inconsistency within the
meaning of this Article and paragraph 2 of Article 20.2 (Relation to Other Agreements).

2 The Parties recognise that intellectual property rights by themselves do not
necessarily confer market dominance.

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