Page 411 - Regional Comprehensive Economic Partnership (RCEP)

in the market for that work, and recognising the need to deter such
harm, each Party shall adopt or maintain measures, which shall 5. The Parties shall cooperate on border measures with a view to
at a minimum include appropriate criminal procedures and eliminating international trade in goods that infringe intellectual
penalties. property rights.
65

6. The Parties shall endeavour to, where appropriate, cooperate
SUBSECTION 5 among their respective patent offices to facilitate the sharing of
ENFORCEMENT IN THE DIGITAL ENVIRONMENT search and examination work, and exchanges of information on
quality assurance systems which may facilitate better
66
understanding in the Parties’ patent systems.
Article 11.75: Effective Action against Infringement in the Digital
Environment 7. The Parties shall endeavour to cooperate by sharing information
on steps each Party is taking to help prevent online copyright
Each Party confirms that the enforcement procedures set out in infringement.
Subsection 2 (Civil Remedies) and Subsection 4 (Criminal Remedies)
shall be available to the same extent with respect to acts of infringement 8. The Parties may cooperate on the administration of systems for
of copyright or related rights and trademarks, in the digital environment. the protection of new varieties of plants, including exceptions to
the breeder’s rights, in relation to paragraph 3 of Article 11.9
(Multilateral Agreements) or Article 11.48 (Protection of New
SECTION K Varieties of Plants).
COOPERATION AND CONSULTATION
9. The Parties shall endeavour to cooperate on issues relating to
patent grace periods in order to support innovation.
Article 11.76: Cooperation and Dialogue
10. The Parties may cooperate on issues relating to the procedures
1. The Parties recognise the importance of the utilisation and and processes of their respective patent offices, with a view to
protection of intellectual property and enforcement of intellectual reducing the cost of obtaining the grant of a patent.
property rights in further promoting trade and investment among
the Parties. 11. The Parties may exchange information on the protection of their
respective geographical indications, including information on
2. The Parties acknowledge the significant differences in capacity systems, procedures, and goods covered.
between some Parties in the area of intellectual property.
12. The Parties may cooperate on the training of patent examiners in
3. To facilitate the effective implementation of this Chapter, each the examination of patent applications related to traditional
Party shall cooperate with other Parties in the area of intellectual knowledge associated with genetic resources.
property, and engage in dialogue and information exchange on
intellectual property issues. 13. All cooperation activities under this Chapter shall be on request
of a Party, on mutually agreed terms, and subject to the relevant
4. The Parties shall endeavour to cooperate in order to promote laws and regulations and availability of resources of the Parties
education and awareness regarding the effective utilisation and involved.
protection of intellectual property and enforcement of intellectual
property rights.

65 For the purposes of this paragraph, a Party may determine specific criminal
thresholds for unauthorised copying of a cinematographic work in accordance with its 66 This paragraph may apply to multilateral information sharing systems to support
laws and regulations. work-sharing initiatives.

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