Page 395 - Regional Comprehensive Economic Partnership (RCEP)

2. If a pending application is not published promptly in accordance SECTION F
with paragraph 1, the Party shall publish that application or the INDUSTRIAL DESIGNS
corresponding patent as soon as practicable.

3. Nothing in this Article shall be construed to require a Party to Article 11.49: Protection of Industrial Designs
publish any information the disclosure of which it considers to be
contrary to its national security or to public order or morality. 1. Each Party shall provide for the protection of independently
created industrial designs that are new or original. A Party may
4. Each Party shall provide that the applicant may request the early provide that designs are not new or original if they do not
publication of an application prior to the expiry of the period significantly differ from known designs or combinations of known
referred to in paragraph 1. design features. A Party may provide that such protection shall
not extend to designs dictated essentially by technical or
functional considerations.
Article 11.45: Information as Prior Art Made Available to the Public
on the Internet 2. Each Party shall ensure that requirements for securing protection
for textile designs, in particular in regard to any cost, examination,
The Parties recognise that information made available to the public on or publication, do not unreasonably impair the opportunity to seek
the internet may form part of the prior art. and obtain such protection. Each Party shall be free to meet this
obligation through industrial design law or through copyright law.

Article 11.46: Expedited Examination 3. Each Party shall provide that the owner of a protected industrial
design has the right to prevent third parties not having the owner’s
Each Party shall endeavour to provide for domestic procedures for a consent from making, selling, or importing articles bearing or
patent applicant to request to expedite the examination of its patent embodying a design which is a copy, or substantially a copy, of
application in accordance with that Party’s laws, regulations, and rules. the protected design, when such acts are undertaken for
commercial purposes.

Article 11.47: Introduction of International Patent Classification 4. Each Party may provide limited exceptions to the protection of
System industrial designs, provided that such exceptions do not
unreasonably conflict with the normal exploitation of protected
Each Party shall endeavour to use a patent classification system that is industrial designs and do not unreasonably prejudice the
consistent with the Strasbourg Agreement Concerning the International legitimate interests of the owner of the protected design, taking
Patent Classification done at Strasbourg on 24 March 1971, as amended account of the legitimate interests of third parties.
from time to time.
5. Each Party confirms that protection for industrial designs is
available for designs:
38
Article 11.48: Protection of New Varieties of Plants
(a) embodied in a part of an article; or, alternatively,
Each Party shall provide for the protection of new varieties of plants
through an effective sui generis plant variety protection system. (b) having a particular regard, where appropriate, to a part of
an article in the context of the article as a whole, in
accordance with its laws and regulations.

38 For greater certainty, with respect to the protection of plant varieties, subparagraph
3(b) of Article 11.36 (Patentable Subject Matter) is subject to this Article.

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