1. Subject to their respective domestic laws and policies, the Parties agree to cooperate, as set out in this Article, with a view to eliminating trade in goods infringing intellectual property rights and ensuring that the enforcement of intellectual property rights does not itself become a barrier to legitimate trade.
2. The Parties shall endeavour to facilitate the development of contacts and cooperation between their respective responsible agencies, educational institutions, and other organisations with an interest in the field of intellectual property rights.
3. Each Party shall, on request of the other Party, give due consideration to any specific cooperation proposal made by the other Party relating to the protection or enforcement of intellectual property rights.
Cooperation activities and initiatives undertaken in this Chapter shall be subject to the availability of resources.
4. Any proposal for cooperation shall be conveyed through the contact points referred to in Article 4.
Article 6
Genetic Resources, Traditional Knowledge and Folklore
Subject to the international obligations that are applicable to each Party, each Party may establish appropriate measures to protect genetic
resources, traditional knowledge and traditional cultural expressions or folklore.
Article 7
Trademarks and Geographical Indications
1. Each Party shall protect trademarks where they predate, in its jurisdiction, geographical indications in accordance with its domestic law and the TRIPS Agreement.
2. Each Party recognises that geographical indications may be protected through a trademark system.
3. Where a Party provides for the protection of a geographical indication by means of registration or designation, that Party shall provide an opportunity for interested parties to oppose such registration or designation, and seek cancellation of such registration or designation.
The grounds for opposing or cancelling the registration or designation of a geographical indication shall include that:
(a) the geographical indication is likely to cause confusion with a trademark or geographical indication that is the subject of a pre- existing good faith pending application or registration in such Party;
(b) the geographical indication is likely to cause confusion with a pre- existing trademark or geographical indication, the rights to which have been acquired in the Party through use in good faith; and
(c) the claimed geographical indication is identical with a term customary in the common language, or used in legitimate and established practices of trade, for the good to which the geographical indication relates.
4. Where the protection of a geographical indication by means of registration or designation for goods other than wines and spirits extends to a translation or transliteration of the geographical indication, the Parties shall provide the opportunity for third parties to oppose such registration or designation, and seek cancellation of such registration or designation, at least on the grounds provided for in paragraph 3.
Article 8 Consultations
1. Either Party may at any time request consultations with the other Party with a view to seeking a timely and mutually satisfactory resolution in relation to any intellectual property rights issue, including enforcement, within the scope of this Chapter.
2. Such consultations shall be conducted through the contact points referred to in Article 4 and shall commence within 60 days of the receipt of the request for consultations, unless the Parties mutually determine otherwise. In the event that consultations fail to resolve any such issue, the requesting Party may refer the issue to the Joint Commission for consideration.
3. Any action taken pursuant to this Article shall be without prejudice to the rights and obligations of the Parties under Chapter 21 (Dispute Settlement) or under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.
Article 9
Termination of 1998 Intellectual Property Arrangements
The Parties acknowledge the advice received from the Taipei Economic and Cultural Office and New Zealand Commerce and Industry Office of their intention to terminate the following arrangements upon entry into force of this Agreement:
a. Arrangement between the Taipei Economic and Cultural Office, New Zealand, and the New Zealand Commerce and Industry Office on the Reciprocal Protection and Enforcement of Copyright, done at Auckland on 15 June 1998; and
b. Arrangement for the Protection of Industrial Property Rights between the Taipei Economic and Cultural Office in New Zealand and the New Zealand Commerce and Industry Office, done at Taipei on 20 October 1998.
CHAPTER 11
GOVERNMENT PROCUREMENT
Article 1 Objectives
The Parties recognise the importance of conducting government procurement in accordance with the fundamental principles of the APEC Non-Binding Principles on Government Procurement of transparency, value for money, open and effective competition, fair dealing, accountability and due process, and non-discrimination, in order to facilitate competitive opportunities for suppliers of the Parties.
Article 2
Scope and Coverage
1. This Chapter shall apply to measures regarding government procurement, by any contractual means, including purchase, hire purchase, rental or lease, with or without an option to buy, as well as build-operate-transfer contracts and public works concessions contracts:
(a) by entities listed in Annex 3:I (List of Entities and Covered Goods and Services);
(b) in which the contract has a value not less than the relevant threshold converted into respective currencies as set out in Annex 3:II (Thresholds) estimated at the time of, or within a reasonable
time prior to, the publication of a notice in accordance with Article 10; and
(c) subject to any other conditions specified in Annex 3:I (List of Entities and Covered Goods and Services)3.
2. This Chapter shall not apply to:
(a) the purchase or acquisition of goods and services by an entity of a Party from another entity of that Party, except where tenders are called, in which case this Chapter shall apply;
(b) procurement of goods and services outside the procuring Party for consumption outside the procuring Party;
(c) non-contractual agreements or any form of assistance to persons or governmental authorities, including cooperative agreements, sponsorship arrangements, grants, loans, subsidies, equity infusions, guarantees, fiscal incentives and governmental provision of goods and services;
(d) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops;
3For greater certainty, nothing in this Chapter shall have the effect of obliging either Party to permit the supply of goods or services in relation to government procurement covered by this Chapter in a manner that is inconsistent with that Party’s Schedules to Annexes 4:I and 4:II to Chapter 12 (Investment) and Chapter 13 (Cross-Border Trade in Services), and Annex 6 to Chapter 14 (Temporary Entry of Business Persons).
(iii) under the particular procedure or condition of an international agreement relating to the joint implementation or exploitation of a project where that international agreement applies to a Party; or
(iv) under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or conditions would be inconsistent with this Chapter;
(e) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;
(f) hiring of government employees and related employment measures;
(g) any procurement by an entity on behalf of an organisation that is not an entity;
(h) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; or
(i) procurement of goods or services in respect of contracts for construction, refurbishment or furnishing of chanceries or government offices abroad.
3. Entities of each Party shall not prepare, design or otherwise structure or divide, at any stage of the procurement, any procurement in order to avoid the obligations of this Chapter.
4. In calculating the value of contracts for the purposes of implementing this Chapter, entities shall base their valuation on the estimated maximum total value of the procurement over its entire duration, including optional purchases, premiums, fees, commissions, interest or other forms of remuneration provided for in such contracts.
Article 3