Page 381 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.16: Limitations and Exceptions to Providing Protection as a party to the TRIPS Agreement, the Berne Convention, the
and Remedies for Technological Measures and RMI Rome Convention, the WCT, or the WPPT.

1. Each Party may provide for appropriate limitations and exceptions 3. Each Party shall endeavour to provide an appropriate balance in
to measures implementing Article 11.14 (Circumvention of its copyright and related rights system, among other things by
Effective Technological Measures) and Article 11.15 (Protection means of limitations and exceptions consistent with paragraph 1,
for Electronic Rights Management Information) in accordance for legitimate purposes, which may include education, research,
with its laws and regulations. criticism, comment, news reporting, and facilitating access to
published works for persons who are blind, visually impaired, or
2. The obligations set forth in Article 11.14 (Circumvention of otherwise print disabled.
Effective Technological Measures) and Article 11.15 (Protection
for Electronic Rights Management Information) are without 4. For greater certainty, a Party may adopt or maintain limitations or
prejudice to the rights, limitations, exceptions, or defences to exceptions to the rights referred to in paragraph 1 for fair use, as
infringement of any copyright or related right under a Party’s laws long as any such limitation or exception is confined as stated in
and regulations. paragraph 1.

Article 11.17: Government Use of Software SECTION C
TRADEMARKS
Each Party confirms its commitment to:

(a) maintain appropriate laws, regulations, or policies that Article 11.19: Trademarks Protection
provide for its central government to use only non-
infringing computer software in a manner consistent with Each Party shall ensure that any signs or any combination of signs
this Chapter; and capable of distinguishing the goods and services of one undertaking
from those of other undertakings, shall be capable of constituting a
(b) encourage its regional and local governments to adopt or trademark. Such signs, in particular words including personal names,
maintain measures similar to those referred to in letters, numerals, figurative elements, three-dimensional shapes, and
subparagraph (a). combinations of colours, as well as any combination of such signs, shall
be eligible for registration as trademarks. Where signs are not inherently
capable of distinguishing the relevant goods or services, a Party may
Article 11.18: Limitations and Exceptions make registrability depend on distinctiveness acquired through use. No
Party shall require, as a condition of registration of a trademark, that
1. Each Party shall confine limitations or exceptions to exclusive signs be visually perceptible, nor deny registration of a trademark solely
rights to certain special cases which do not conflict with a normal on the grounds that the sign of which it is composed is a sound.
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exploitation of the work, performance, or phonogram, and do not
unreasonably prejudice the legitimate interests of the right
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holder. Article 11.20: Protection of Collective Marks and Certification Marks

2. Nothing in paragraph 1 shall reduce or extend the scope of 1. Each Party shall provide that trademarks include collective marks
applicability of the limitations and exceptions available to a Party and certification marks. A Party is not obligated to treat
certification marks as a separate category in its laws and
regulations, provided that those marks are protected.

15 For greater certainty, this paragraph shall not prevent a Party from providing
limitations or exceptions for broadcasts in accordance with multilateral agreements 16 A Party may require an adequate description, which can be represented graphically,
related to intellectual property to which that Party is, or becomes, party. of the trademark.

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