Page 391 - Regional Comprehensive Economic Partnership (RCEP)

(a) apply subparagraph (c) of Article 11.34 (Protection or protection of plant varieties either by patents or by an
Recognition of Geographical Indications Pursuant to effective sui generis system or by any combination thereof.
International Agreements); and The Parties shall review this subparagraph upon any
amendment to subparagraph 3(b) of Article 27 of the
(b) ensure an opportunity for at least interested persons to TRIPS Agreement with a view to deciding whether to adopt
comment regarding the protection or recognition of the a similar amendment to this subparagraph.
new geographical indication for a reasonable period of
time before such a term is protected or recognised.
Article 11.37: Rights Conferred

SECTION E 1. Each Party shall provide that a patent shall confer on its owner
PATENTS the following exclusive rights:

(a) where the subject matter of a patent is a product, to prevent
Article 11.36: Patentable Subject Matter third parties not having the owner’s consent from the acts
of making, using, offering for sale, selling, or importing for
33
1. Subject to paragraphs 2 and 3, patents shall be available for any these purposes that product; and
inventions, whether products or processes, in all fields of
technology, provided that they are new, involve an inventive step, (b) where the subject matter of a patent is a process, to
and are capable of industrial application . Subject to paragraph prevent third parties not having the owner’s consent from
32
3 and Section M (Transition Periods and Technical Assistance), the act of using the process, and from the acts of using,
patents shall be available and patent rights enjoyable without offering for sale, selling, or importing for these purposes at
discrimination as to the place of invention, the field of technology, least the product obtained directly by that process.
and whether products are imported or locally produced.
2. Patent owners shall also have the right to assign, or transfer by
2. A Party may exclude from patentability inventions, the prevention succession, the patent and to conclude licensing contracts.
within its territory of the commercial exploitation of which is
necessary to protect ordre public or morality, including to protect
human, animal or plant life or health, or to avoid serious prejudice Article 11.38: Exceptions to Rights Conferred
to the environment, provided that such exclusion is not made
merely because the exploitation is prohibited by its laws and A Party may provide limited exceptions to the exclusive rights conferred
regulations. by a patent, provided that such exceptions do not unreasonably conflict
with a normal exploitation of the patent and do not unreasonably
3. A Party may also exclude from patentability: prejudice the legitimate interests of the patent owner, taking account of
the legitimate interests of third parties.
(a) diagnostic, therapeutic, and surgical methods for the
treatment of humans or animals; and
Article 11.39: Other Use without Authorisation of the Right Holder
(b) plants and animals other than micro-organisms, and
essentially biological processes for the production of plants For greater certainty, nothing in this Agreement shall limit a Party’s rights
or animals other than non-biological and microbiological and obligations under Article 31 and Article 31bis of the TRIPS
processes. However, each Party shall provide for the

33 This right, like all other rights conferred under this Chapter in respect of the use, sale,
32 For the purposes of this Section, “inventive step” and “capable of industrial importation, or other distribution of goods, is subject to Article 11.6 (Exhaustion of
application” may be deemed by a Party to be synonymous with "non-obvious" and Intellectual Property Rights).
"useful", respectively.

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