Original 2005 TPP Agreement - CARL - ABRC

TRANS-PACIFIC
STRATEGIC ECONOMIC PARTNERSHIP
AGREEMENT

PREAMBLE
The Governments of Brunei Darussalam, the Republic of Chile, New Zealand and
the Republic of Singapore, (hereinafter referred to collectively as the “Parties” or
individually as a “Party”, unless the context otherwise requires), resolve to:
STRENGTHEN the special links of friendship and cooperation among them;
ENLARGE the framework of relations among the Parties through liberalising
trade and investment and encouraging further and deeper cooperation to
create a strategic partnership within the Asia - Pacific region;
CONTRIBUTE to the harmonious development and expansion of world trade
and provide a catalyst for broader cooperation at international forums;
CREATE an expanded and secure market for the goods and services in their
territories;
AVOID distortions in their reciprocal trade;
ESTABLISH clear rules governing their trade;
ENSURE a predictable commercial framework for business planning and
investment;
BUILD on their respective rights and obligations under the Marrakesh
Agreement establishing the World Trade Organization and other multilateral
and bilateral agreements and arrangements;
AFFIRM their commitment to the Asia – Pacific Economic Cooperation
(APEC) goals and principles;
REAFFIRM their commitment to the APEC Principles to Enhance Competition
and Regulatory Reform with a view to protecting and promoting the
competitive process and the design of regulation that minimises distortions to
competition;
BE MINDFUL that economic development, social development and
environmental protection are interdependent and mutually reinforcing
components of sustainable development and that closer economic
partnership can play an important role in promoting sustainable development;
ENHANCE the competitiveness of their firms in global markets;
FOSTER creativity and innovation, and promote the protection intellectual
property rights to encourage trade in goods and services among the Parties;
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STRENGTHEN their strategic economic partnership to bring economic and
social benefits, to create new opportunities for employment and to improve
the living standards of their peoples;
UPHOLD the rights of their governments to regulate in order to meet national
policy objectives;
PRESERVE their flexibility to safeguard the public welfare;
ENHANCE their cooperation on labour and environmental matters of mutual
interest;
PROMOTE common frameworks within the Asia – Pacific region, and affirm
their commitment to encourage the accession to this Agreement by other
economies;
HAVE AGREED as follows:
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Article 1.1: Objectives
CHAPTER 1
INITIAL PROVISIONS
1. This Agreement establishes a Trans-Pacific Strategic Economic Partnership
among the Parties, based on common interest and on the deepening of the
relationship in all areas of application.
2. This Agreement covers in particular the commercial, economic, financial,
scientific, technological and cooperation fields. It may be extended to other areas
to be agreed upon by the Parties in order to expand and enhance the benefits of
this Agreement.
3. The Parties seek to support the wider liberalisation process in APEC
consistent with its goals of free and open trade and investment.
4. The trade objectives of this Agreement, as elaborated more specifically
through its principles and rules, including national treatment, most-favoured- nation
treatment and transparency, are to:
(a) encourage expansion and diversification of trade among each Party’s
territory;
(b) eliminate barriers to trade in, and facilitate the cross-border movement
of, goods and services among the territories of the Parties;
(c) promote conditions of fair competition in the free trade area;
(d) substantially increase investment opportunities among each Party’s
territory;
(e) provide adequate and effective protection and enforcement of
intellectual property rights in each Party's territory; and
(f) create an effective mechanism to prevent and resolve trade disputes.
Article 1.2: Establishment of the Free Trade Area
The Parties to this Agreement, consistent with Article XXIV of the General
Agreement on Tariffs and Trade 1994 and Article V of the General Agreement on
Trade in Services, which are part of the WTO Agreement, hereby establish a free
trade area.
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CHAPTER 2
GENERAL DEFINITIONS
Article 2.1: Definitions of General Application
For the purposes of this Agreement, unless otherwise specified:
Agreement means the Trans-Pacific Strategic Economic Partnership Agreement;
APEC means the Asia - Pacific Economic Cooperation;
Commission means the Trans-Pacific Strategic Economic Partnership
Commission established under Article 17.1 (Establishment of the Strategic
Economic Partnership Commission);
customs administration means the competent authority that is responsible under
the laws of a Party for the administration of customs laws, regulations and policies,
and
(a) in relation to Brunei Darussalam means the Royal Customs and
Excise Department;
(b) in relation to Chile means the National Customs Service of Chile;
(c) in relation to New Zealand means the New Zealand Customs
Service; and
(d) in relation to Singapore means the Singapore Customs;
customs duty includes any duty or charges of any kind imposed in connection
with the importation of a good, and any surtaxes or surcharges imposed in
connection with such importation, but does not include:
(a) charges equivalent to an internal tax imposed consistently with GATT
1994, including excise duties and goods and services tax;
(b) fees or other charges that
(i) are limited in amount to the approximate cost of services rendered,
and
(ii) do not represent a direct or indirect protection for domestic goods
or a taxation of imports for fiscal purposes; and
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(c) any anti-dumping or countervailing duty applied consistently with the
provisions of Article VI of GATT 1994, the WTO Agreement on the
Implementation of Article VI of GATT 1994, and the WTO Agreement on
Subsidies and Countervailing Measures;
Customs Valuation Agreement means the Agreement on Implementation of
Article VII of the General Agreement on Tariffs and Trade 1994, which is part of the
WTO Agreement;
days means calendar days;
enterprise means any corporation, company, association, partnership, trust, joint
venture, sole-proprietorship or other entity constituted or organised under
applicable law, regardless of whether or not the entity is organised for profit,
privately or otherwise owned, or organised with limited or unlimited liability;
enterprise of a Party means an enterprise constituted or organised under the law
of a Party;
existing means in effect on the date of entry into force of this Agreement for a
Party;
GATS means the General Agreement on Trade in Services, which is part of the
WTO Agreement;
GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is
part of the WTO Agreement;
goods of a Party means domestic products as these are understood in GATT
1994 or such goods as the Parties may agree and includes originating goods of a
Party;
goods and products shall be understood to have the same meaning unless the
context otherwise requires;
Harmonized System (HS) means the Harmonized Commodity Description and
Coding System administered by the World Customs Organisation, including its
General Rules of Interpretation, Section Notes and Chapter Notes, as adopted and
implemented by the Parties in their respective tariff laws;
heading means the first four digits in the tariff classification under the Harmonized
System;
measure includes any law, regulation, procedure, requirement or practice;
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national means a natural person who has the nationality of a Party according to
Annex 2.A or a permanent resident of a Party;
originating means qualifying under the rules of origin set out in Chapter 4 (Rules
of Origin);
person means a natural person or an enterprise;
person of a Party means a national or an enterprise of a Party;
producer means a person who grows, raises, mines, harvests, fishes, captures,
gathers, collects, breeds, extracts, hunts, manufactures, processes, assembles or
disassembles a good;
preferential tariff treatment means the customs duty rate applicable to an
originating good, pursuant to the Parties' respective Tariff Elimination Schedules
set out in Annex I;
Safeguards Agreement means the Agreement on Safeguards, which is part of the
WTO Agreement;
subheading means the first six digits in the tariff classification under the
Harmonised System;
territory means for a Party the territory of that Party as set out in Annex 2.A;
WTO means the World Trade Organisation;
WTO Agreement means the Marrakesh Agreement Establishing the World Trade
Organization, done on April 15, 1994.
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Annex 2.A
Country-Specific Definitions
For the purposes of this Agreement, unless otherwise specified:
natural person who has the nationality of a Party means:
(a) with respect to Brunei Darussalam, a subject of His Majesty the Sultan
and Yang Di-Pertuan in accordance with the Laws of Brunei;
(b) with respect to Chile, a Chilean as defined in Article 10 of the
Constitución Política de la República de Chile;
(c) with respect to New Zealand, a citizen as defined in the Citizenship Act
1977, as amended from time to time, or any successor legislation; and
(d) with respect to Singapore, any person who is a citizen within the
meaning of its Constitution and domestic laws.
territory means:
(a) with respect to Brunei Darussalam, the territory of Brunei Darussalam
and the maritime areas adjacent to the coast of Brunei Darussalam to
the extent to which Brunei Darussalam may exercise sovereign rights or
jurisdiction in accordance with international law and its legislation;
(b) with respect to Chile, the land, maritime, and air space under its
sovereignty, and the exclusive economic zone and the continental shelf
within which it exercises sovereign rights and jurisdiction in accordance
with international law and its domestic law;
(b) with respect to New Zealand, the territory of New Zealand and the
exclusive economic zone, seabed and subsoil over which it exercises
sovereign rights with respect to natural resources in accordance with
international law, but does not include Tokelau; and
(c) with respect to Singapore, its land territory, internal waters and territorial
sea as well as and any maritime area situated beyond the territorial sea
which has been or might in future be designated under its domestic law,
in accordance with international law, as an area within which Singapore
may exercise sovereign rights or jurisdiction with regard to the sea,
seabed, the subsoil and the natural resources.
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Article 10.1: Definitions
For the purposes of this Chapter:
CHAPTER 10
INTELLECTUAL PROPERTY
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual
Property Rights, which is part of the WTO Agreement;
Intellectual property refers to all categories of intellectual property that are the
subject of Sections 1 through 7 of Part II of the TRIPS Agreement namely:
copyright and related rights; trade marks; geographical indications; industrial
designs; patents; layout designs (topographies) of integrated circuits; protection of
undisclosed information. 1
Article 10.2: Intellectual Property Principles
1. The Parties recognise the importance of intellectual property in promoting
economic and social development, particularly in the new digital economy,
technological innovation and trade.
2. The Parties recognise the need to achieve a balance between the rights of
right holders and the legitimate interests of users and the community with regard to
protected subject matter.
3. The Parties are committed to the maintenance of intellectual property rights
regimes and systems that seek to:
(a) facilitate international trade, economic and social development through
the dissemination of ideas, technology and creative works;
(b) provide certainty for right-holders and users of intellectual property over
the protection and enforcement of intellectual property rights; and
(c) facilitate the enforcement of intellectual property rights with the view,
inter alia, to eliminate trade in goods infringing intellectual property
rights.
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For the purpose of this Chapter “intellectual property” also includes the protection of plant
varieties.
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Article 10.3: General Provisions
1. The Parties affirm their existing rights and obligations with respect to each
other under the TRIPS Agreement and any other multilateral agreement relating to
intellectual property to which they are party. To this end, nothing in this Chapter
shall derogate from existing rights and obligations that Parties have to each other
under the TRIPS Agreement or other multilateral intellectual property agreements.
2. Nothing in this Chapter shall prevent a Party from adopting appropriate
measures to prevent the abuse of intellectual property rights by right holders or the
resort to practices that unreasonably restrain trade or adversely affect the
international transfer of technology, provided that such measures are consistent
with this Agreement. In particular, nothing in this Chapter shall prevent a Party
from adopting measures necessary to prevent anti-competitive practices that may
result from the abuse of intellectual property rights.
3. Subject to each Party’s international obligations the Parties affirm that they
may:
(a) provide for the international exhaustion of intellectual property rights;
(b) establish that provisions in standard form non-negotiated licenses for
products do not prevent consumers from exercising the limitations and
exceptions recognised in domestic intellectual property laws;
(c) establish provisions to facilitate the exercise of permitted acts where
technological measures have been applied; and
(d) establish appropriate measures to protect traditional knowledge.
4. The Parties shall provide for reproduction rights and communication to the
public rights to copyright owners and phonogram producers that are consistent with
the World Intellectual Property Organization Copyright Treaty (WCT) and the World
Intellectual Property Organization Performances and Phonograms Treaty (WPPT).
The Parties shall provide performers' rights consistent with the TRIPS Agreement.
The Parties may establish limitations and exceptions in their domestic laws as
acceptable under the Berne Convention for the Protection of Literary and Artistic
Works (1971), the TRIPS Agreement, the WCT and the WPPT. These provisions
shall be understood to permit Parties to devise new exceptions and limitations that
are appropriate in the digital environment.
5. Subject to their obligations under the TRIPS Agreement, each Party may
limit the rights of the performers and producers of phonograms and broadcasting
entities of the other Party to the rights its persons are accorded within the
jurisdiction of the other Party.
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Article 10.4: Trade Marks
1. Each Party shall afford an opportunity for interested parties to oppose the
application of a trade mark and request cancellation of a registered trade mark.
2. In relation to trade marks, Parties are encouraged to classify goods and
services according to the classification of the Nice Agreement Concerning the
International Classification of Goods and Services for the Purposes of the
Registration of Marks (1979).
Article 10.5: Geographical Indications
1. The terms listed in Annex 10.A are recognised as geographical indications
for wines and spirits in the respective Party, within the meaning of paragraph 1 of
Article 22 of the TRIPS Agreement. Subject to domestic laws, 2 in a manner that is
consistent with the TRIPS Agreement, such terms will be protected as
geographical indications in the territories of the other Parties.
2. At the request of a Party, the Commission may decide to add or remove
geographical indications from Annex 10.A.
Article 10.6: Country Names
The Parties shall provide the legal means for interested parties to prevent
commercial use of country names of the Parties in relation to goods in a manner
which misleads consumers as to the origin of such goods.
Article 10.7: Cooperation
The Parties agree to cooperate, consistent with the principles set out in
Article 10.2. Such cooperation may include, inter alia:
(a) the notification of contact points for the enforcement of intellectual
property rights;
(b) exchange of information relating to developments in intellectual property
policy in their respective agencies. Such developments may include,
2 For greater certainty, the Parties acknowledge that geographical indications will be recognised and
protected in Brunei Darussalam, Chile, New Zealand and Singapore only to the extent permitted by
and according to the terms and conditions set out in their respective domestic laws.
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ut are not limited to, the implementation of appropriate limitations and
exceptions under copyright law and the implementation of measures
concerning the appropriate protection of digital rights management
information;
(c) exchange of information on the implementation of intellectual property
systems, aimed at promoting the efficient registration of intellectual
property rights;
(d) promotion of the development of contacts and cooperation among their
respective agencies, including enforcement agencies, educational
institutions and other organisations with an interest in the field of
intellectual property rights;
(e) policy dialogue on initiatives on intellectual property in multilateral and
regional forums;
(f) exchange of information and cooperation on appropriate initiatives to
promote awareness of intellectual property rights and systems; and
(g) such other activities and initiatives as may be mutually determined
among the Parties.
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Annex 10.A
Lists of Geographical Indications
List of Geographical Indications from Chile
WINES Name of Appellation
Valle de Aconcagua
Alhué
Valle del Bío Bío
Buin
Valle del Cachapoal
Valle de Casablanca
Cauquenes
Chillán
Chimbarongo
Valle del Choapa
Coelemu
Valle de Colchagua
Valle de Copiapó
Valle de Curicó
Region de Aconcagua
Region de Atacama
Region de Coquimbo
Valle del Claro
Region del Sur
Region del Valle Central
Valle del Elqui
Valle del Huasco
Illapel
Isla de Maipo
Valle del Itata
Valle de Leyda
Valle del Limarí
Linares
Valle del Loncomilla
Valle del Lontué
Lolol
Valle del Maipo
Maria Pinto
Valle del Marga-Marga
Valle del Maule
Marchigue
Valle del Malleco
Melipilla
Molina
Monte Patria
Mulchén
Nancagua
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Ovalle
Paiguano
Pajarete
Palmilla
Panquehue
Parral
Pencahue
Peralillo
Peumo
Pirque
Portezuelo
Puente Alto
Punitaqui
Quillón
Rancagua
Valle del Rapel
Rauco
Rengo
Requínoa
Río Hurtado
Romeral
Sagrada Familia
Valle de San Antonio
San Juan
Salamanca
San Clemente
San Fernando
San Javier
San Rafael
Santa Cruz
Santiago
Talagante
Talca
Valle del Teno
Valle delTutuvén
Traiguén
Vicuña
Villa Alegre
Vino Asoleado
Yumbel
SPIRITS Name of Apellation Country
Pisco Chile
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