Page 380 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.16: Limitations and Exceptions to Providing Protection
and Remedies for Technological Measures and RMI

1. Each Party may provide for appropriate limitations and exceptions
to measures implementing Article 11.14 (Circumvention of
Effective Technological Measures) and Article 11.15 (Protection
for Electronic Rights Management Information) in accordance
with its laws and regulations.

2. The obligations set forth in Article 11.14 (Circumvention of
Effective Technological Measures) and Article 11.15 (Protection
for Electronic Rights Management Information) are without
prejudice to the rights, limitations, exceptions, or defences to
infringement of any copyright or related right under a Party’s laws
and regulations.

Article 11.17: Government Use of Software

Each Party confirms its commitment to:

(a) maintain appropriate laws, regulations, or policies that
provide for its central government to use only non-
infringing computer software in a manner consistent with
this Chapter; and

(b) encourage its regional and local governments to adopt or
maintain measures similar to those referred to in
subparagraph (a).

Article 11.18: Limitations and Exceptions

1. Each Party shall confine limitations or exceptions to exclusive
rights to certain special cases which do not conflict with a normal
exploitation of the work, performance, or phonogram, and do not
unreasonably prejudice the legitimate interests of the right
15
holder.

2. Nothing in paragraph 1 shall reduce or extend the scope of
applicability of the limitations and exceptions available to a Party

15 For greater certainty, this paragraph shall not prevent a Party from providing
limitations or exceptions for broadcasts in accordance with multilateral agreements
related to intellectual property to which that Party is, or becomes, party.

11-10