Page 375 - Regional Comprehensive Economic Partnership (RCEP)

(a) necessary to secure compliance with its laws and Article 11.9: Multilateral Agreements
regulations that are not inconsistent with this Chapter; and
1. Each Party shall ratify or accede to the following multilateral
(b) not applied in a manner that would constitute a disguised agreements to which it is not yet party:
restriction on trade.
(a) the Paris Convention for the Protection of Industrial
3. The obligations under paragraph 1 do not apply to procedures Property done at Paris on 20 March 1883, as revised at
provided in multilateral agreements concluded under the auspices Stockholm on 14 July 1967 and amended on 28
of WIPO relating to the acquisition or maintenance of intellectual September 1979 (hereinafter referred to as the “Paris
property rights. Convention” in this Chapter);

(b) the Berne Convention for the Protection of Literary and
Article 11.8: The TRIPS Agreement and Public Health Artistic Works done at Berne on 9 September 1886, as
revised at Paris on 24 July 1971 and amended on 28
1. The Parties reaffirm the Doha Declaration on the TRIPS September 1979 (hereinafter referred to as the “Berne
Agreement and Public Health adopted on 14 November 2001. In Convention” in this Chapter);
particular, the Parties have reached the following understandings
regarding this Chapter: (c) the Patent Cooperation Treaty done at Washington on 19
June 1970, as amended on 28 September 1979 and
(a) the Parties affirm the right to fully use the flexibilities as modified on 3 February 1984 and 3 October 2001
duly recognised in the Doha Declaration on the TRIPS (hereinafter referred to as the “PCT” in this Chapter);
Agreement and Public Health;
(d) the Protocol Relating to the Madrid Agreement Concerning
(b) the Parties agree that this Chapter does not and should not the International Registration of Marks adopted at Madrid
prevent a Party from taking measures to protect public on 27 June 1989, as amended on 3 October 2006 and 12
health; and November 2007 (hereinafter referred to as the “Madrid
Protocol” in this Chapter);
(c) the Parties affirm that this Chapter can and should be
interpreted and implemented in a manner supportive of (e) the WIPO Copyright Treaty adopted in Geneva on 20
each Party’s right to protect public health and, in particular, December 1996 (hereinafter referred to as the “WCT” in
to promote access to medicines for all. this Chapter);

2. In recognition of the Parties’ commitment to access to medicines (f) the WIPO Performances and Phonograms Treaty adopted
and public health, this Chapter does not and should not prevent in Geneva on 20 December 1996 (hereinafter referred to
the effective utilisation of Article 31bis of the TRIPS Agreement, as the “WPPT” in this Chapter); and
and the Annex and Appendix to the Annex to the TRIPS
Agreement. (g) the Marrakesh Treaty to Facilitate Access to Published
Works for Persons Who are Blind, Visually Impaired, or
3. The Parties recognise the importance of contributing to the Otherwise Print Disabled adopted in Marrakesh on 27
international efforts to implement Article 31bis of the TRIPS June 2013 (hereinafter referred to as the “Marrakesh
Agreement, and the Annex and Appendix to the Annex to the Treaty” in this Chapter).
TRIPS Agreement.
2. Each Party shall endeavour to ratify or accede to the following
multilateral agreement to which it is not yet party: the Budapest
Treaty on the International Recognition of the Deposit of Micro-

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