Article 11.43. General Obligation In Enforcement
Each Party shall ensure that enforcement procedures as specified in this Section are available under its law so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
Article 11.44. Border Measures
1. Each Party shall, in conformity with its domestic law and regulations and the provisions of Part lll, Section 4, of the TRIPS Agreement adopt or maintain procedures to enable a right holder, who has valid grounds for suspecting that the importations of counterfeit trademark (12) or pirated copyright goods may take place, to lodge an application in writing with the competent authorities, in the Party in which the border measure procedures are applied, for the suspension by that Party's customs authorities of the release into free circulation of such goods.
2. A Party may enable such an application to be made in respect of goods which involve other infringements of intellectual property rights, provided that the requirements of Part III, Section 4, of the TRIPS Agreement are met. A Party may also provide similar procedures for the suspension by the customs authorities of the release of infringing goods destined for exportation from their territory in accordance with its domestic laws and regulation.
Chapter 12. GOVERNMENT PROCUREMENT
Article 12.1. Government Procurement
1. The Parties recognise the importance of cooperation in the area of government procurement in accordance with their respective laws and regulations.
2. After two years from the entry into force of this Agreement, either Party may request the other Party to enter into discussions to negotiate a new chapter on Government Procurement, which if accepted by the other Party and successfully negotiated and finalized, shall form an integral part of this Agreement. In the course of such negotiations, the Parties shall give due consideration to their respective laws, regulations and best practices.
Article 12.2. Non-Application of Dispute Settlement
Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter.
Chapter 13. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 13.1. General Principles
1. The Parties, recognising the fundamental role of small and medium-sized enterprises (SMEs) in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognise the integral role of the private sector in the implementation of this Chapter.
Article 13.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, each Party shall seek to increase trade and investment opportunities for SMEs and, in particular, shall endeavour to:
(a) promote cooperation between the Parties' small business support infrastructure, including SME-related entities, incubators and accelerators, export assistance entities, and other entities as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen its collaboration with the other Party on activities to promote SMEs owned by women and youth, as well as start-ups, and promote partnerships among these SMEs and their participation in international trade;
(c) enhance its cooperation with the other Party to exchange information and best practices in areas including improving SME access to capital and credit, SME participation in government procurement opportunities, and helping SMEs adapt to changing market conditions; and
(d) encourage participation in purpose-built mobile or web-based platforms, for business entrepreneurs and counsellors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 13.3. Information Sharing
1. Each Party shall endeavour to establish or maintain its own free, publicly-accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) any additional information that would be useful for SMEs interested in benefiting from the opportunities provided by this Agreement.
2. Each Party shall endeavour to include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Parties; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. Subject to each Party's laws and regulations, the information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property, trade secrets, and patent protection rights;
(c) technical regulations, standards, quality or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME investment and financing programs; (j) Taxation or accounting regulations;
(k) government procurement opportunities; and
(I) other information which the Party considers to be useful for SMEs.
4. Each Party shalI endeavour to regularly review the information and links on the website referred to in paragraphs I and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information referred to in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavour to make this information available, as appropriate.
Article 13.4. Non-Application of Dispute Settlement
Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter.
Chapter 14. ECONOMIC COOPERATION
Article 14.1. Objectives
1. The Parties shall promote cooperation under this Agreement for their mutual benefit in order to liberalise and facilitate trade and encourage investment between the Parties and foster economic growth.
2. Economic cooperation under this Chapter shall be built upon a common understanding between the Parties to support the implementation of this Agreement, with the objective of maximising its benefits, supporting pathways to trade and investment facilitation, and further improving market access and openness to contribute to the sustainable and inclusive economic growth and prosperity of the Parties.
Article 14.2. Scope
Economic cooperation under this Chapter shall support the effectiveness and efficiency of the implementation and utilisation of this Agreement through trade and trade-related activities.
Article 14.3. Competition Policy
1. The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties may cooperate to exchange information relating to the development of competition policy, subject to their domestic laws and regulations and available resources. The Parties may conduct such cooperation through their competent authorities.
2. The Parties may consult on matters related to anti-competitive practices and their adverse effects on trade. The consultations shall be without prejudice to the autonomy of each Party to develop, maintain and enforce its domestic competition laws and regulations.
Article 14.4. Means of Cooperation
The Parties will endeavour to encourage technical, technological and scientific economic cooperation, through the following ways:
(a) joint organisation of conferences, seminars, workshops, meetings, training sessions and outreach and education programs;
(b) exchange of delegations, professionals, technicians and specialists from the academic sector, institutions dedicated to research, private sector and governmental agencies, including study visits and internship programs for professional training;
(c) dialogue and exchange of experiences between the Parties' private sectors and agencies involved in trade promotion;
(d) initiation of a knowledge-sharing platform aiming to transfer experience and best practices in the field of government development and modernisation to other countries through UAE's Government Experience Exchange Programme;
(e) promote joint business initiatives between entrepreneurs of the Parties; and
(f) any other form of cooperation that may be agreed by the Parties.
Article 14.5. Non-application of Dispute Settlement
Chapter 15 (Dispute Settlement) shall not apply to any matter or dispute arising from this Chapter.
Chapter 15. DISPUTE SETTLEMENT
Article 15.1. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties concerning the interpretation and application of this Agreement with a view to reaching, where possible, a mutually agreed solution.
Article 15.2. Cooperation
The Parties shall endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation to arrive at a mutually satisfactory resolution of any matter that might affect its operation.
Article 15.3. Scope of Application
1. Except as provided in paragraphs 2 and 3 of this Article, this Chapter shall apply with respect to the settlement of any dispute between the Parties concerning the interpretation, or application of this Agreement (hereinafter referred to as "covered provisions"), wherever a Party considers that:
(a) a measure of the other Party is inconsistent with its obligations under this Agreement; or
(b) the other Party otherwise failed to carry out its obligations under this Agreement.
2. This Chapter shall not cover non-violation complaints and other situation complaints. 3. The Parties agree that neither Party shall have recourse to dispute settlement under this Chapter for any matter arising under the following Chapters of this Agreement:
(a) Chapter 5 (Sanitary and Phytosanitary Measures);
(b) Article 7.1 (Anti-Dumping and Countervailing Measures) of Chapter 7 (Trade Remedies);
(c) Chapter 10 (Investment);
(d) Chapter 12 (Government Procurement);
(e) Chapter 13 (Small and Medium-Sized Enterprises); and
(f) Chapter 14 (Economic Cooperation).
Article 15.4. Contact Points
1. Each Party shall designate a contact point to facilitate communications between the Parties with respect to any dispute initiated under this Chapter.
2. Any request, notification, written submission or other document made in accordance with this Chapter shall be delivered to the other Party through its designated contact point.
Article 15.5. Request for Information
Before a request for consultations, good offices, conciliation or mediation is made pursuant to Articles 15.6 (Consultations) or 15.7 (Good Offices, Conciliation or Mediation) respectively, a Party may request in writing any relevant information with respect to a measure at issue. The Party to which that request is made shall make all efforts to provide the requested information in a written response to be submitted no later than 20 days after the date of receipt of the request.
Article 15.6. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 15.3 (Scope of Application) by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party identifying the reasons for the request, including the measure at issue and a description of its factual basis and the legal basis specifying the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made shall reply to the request promptly, but no later than 10 days after the date of receipt of the request. Consultations shall be held within 30 days of the date of receipt of the request. The consultations shall be deemed to be concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise.
4. Consultations on matters of urgency including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, shall be held within 15 days of the date ofreceipt of the request. The consultations shall be deemed to be concluded within those 15 days unless the Parties agree otherwise.
5. During consultations each Party shall provide sufficient information so as to allow a complete examination of the measure at issue including how that measure is affecting the operation and application of this Agreement.
6. Consultations, including all information disclosed and positions taken by the Parties during consultations, shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
7. Consultations may be held in person or by any other means of communication agreed by the Parties. Unless the Parties agree otherwise, consultations, if held in person, shall take place in the territory of the Party to which the request is made.
8. If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 15 .8 (Establishment of a Panel).
Article 15.7. Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to enter into procedures for good offices, conciliation or mediation. They may begin at any time, and be terminated by either Party at any time.
2. Proceedings involving good offices, conciliation or mediation and the particular positions taken by the Parties in these proceedings, shall be confidential and without prejudice to the rights of either Party in any further proceedings under this Chapter or any other proceedings before a forum selected by the Parties.
3. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the panel procedures proceed.
Article 15.8. Establishment of a Panel
1. The complaining Party may request the establishment of a panel if:
(a) the respondent Party does not reply to the request for consultations in accordance to the time frames referred in Article 15.6 (Consultations) of this Agreement; or
(b) the consultations referred to in A1ticle 15.6 (Consultations) of this Agreement are not held or fail to settle a dispute within 30 days or 15 days in relation to urgent matters including those which concern perishable goods or where appropriate, seasonal goods or seasonal services, after the date of the receipt of the request for consultations by the respondent Party.
2. The request for the establishment of a panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the factual basis of the complaint and the legal basis specifying the relevant covered provisions in a manner sufficient to present how such measure is inconsistent with those provisions.
3. When a request is made by the complaining Party in accordance with paragraph I, a panel shall be established.
Article 15.9. Composition of a Panel
1. Unless the Parties agree otherwise, a panel shall consist of three panelists.
2. Within 20 days after the request for the establishment of a panel is made in accordance with Article 15.8.2 (Establishment of a Panel), each Party shall appoint a panelist. The Parties shall, by common agreement, appoint the third panelist, who shall serve as the chairperson of the panel, within 40 days after the establishment of a panel in accordance with Article 15.8.3 (Establishment of a Panel).
3. If either Party fails to appoint a panelist within the period established in paragraph 2, the other Party, within a period of 20 days, may request the Director-General of the WTO to appoint the unappointed panelists within 20 days of that request.
4. If the Director-General of the WTO notifies the Parties to the dispute that he or she is unavailable or does not appoint the unappointed panelist within 2.0 days of the date of the request made pursuant to paragraph 3, any Party to the dispute may request the Secretary-General of the Permanent Court of Arbitration to appoint the unappointed panelist within 20 days of that request.
5. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, they shall within the next 10 days, exchange their respective lists comprising three nominees each who shall not be nationals of either Party. The chairperson shall then be appointed by draw of lot from the lists within 10 days after the expiry of the time period during which the Parties shall exchange their respective lists of nominees. The selection by lot of the chairperson of the panel shall be made by the Joint Committee.
6. If a Party fails to submit its list of three nominees within the time period established in paragraph 5, the chairperson shall be appointed by draw of lot from the list submitted by the other Party.
7. The date of composition of the panel shall be the date on which the last of the three selected panelists has notified to the Parties the acceptance of his or her appointment.
Article 15.10. Decision on Urgency
If a Party so requests, the panel shall give a preliminary ruling, within 15 days of its composition, whether the dispute concerns matters of urgency.
Article 15.11. Requirements for Panelists
1. Each panelist shall:
(a) have demonstrated expertise m law, international trade, and other matters covered by this Agreement;
(b) be independent of, and not be affiliated with or take instructions from, either Party;
(c) serve in their individual capacities and not take instructions from any organisation or government with regard to matters related to the dispute;
(d) comply with the Code of Conduct established in Annex 15.8 (Code of Conduct for Panelists and Others Engaged in Dispute Settlement Proceedings under this Agreement); and
(e) be chosen strictly on the basis ofobjectivity, reliability, and sound judgment.
2. The chairperson shall also have experience in dispute settlement procedures.
3. Persons who provided good offices, conciliation or mediation to the Parties, pursuant to Article 15.7 (Good Offices, Conciliation or Mediation) in relation to the same or a substantially equivalent matter, shall not be eligible to be appointed as panelists in that matter.
Article 15.12. Replacement of Panelists
If any of the panelists of the original panel becomes unable to act, withdraws or needs to be replaced because that panelist does not comply with the requirements of the code of conduct, a successor panelist shall be appointed in the same manner as prescribed for the appointment of the original panelist under Article 15.9 (Composition ofa Panel) and the work of the panel shall be suspended during the appointment of the successor panelist.
Article 15.13. Functions of the Panel
Unless the Parties otherwise agree, the panel:
(a) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity of the measure at issue with the covered provisions;
(b) shall set out, in its decisions and reports, the findings of fact and law and the rationale behind any findings and conclusions that it makes; and
(c) should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution.
Article 15.14. Terms of Reference
1. Unless the Parties otherwise agree within 15 days after the date of establishment of the panel, the terms of reference of the panel shall be:
"to examine, in the light of the relevant covered provisions of this Agreement cited by the Parties, the matter referred to in the request for the establishment of the panel, to make findings on the conformity of the measure at issue with the relevant covered provisions of this Agreement as well as recommendations, if any, on the means to resolve the dispute, and to deliver a report in accordance with Articles 15.18 (Interim Report) and 15.19 (Final Report)."
2. If the Parties agree on other terms of reference than those referred to in paragraph l within the time line specified therein, they shall notify the agreed terms of reference to the panel no later than 5 days after their agreement.
Article 15.15. Rules of Interpretation
1. The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law.
2. When appropriate, the panel may also take into account relevant interpretations in reports of panels established under this Agreement and reports of panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO.
3. The rulings of the panel cannot add to or diminish the rights and obligations of the Parties provided under this Agreement.
Article 15.16. Procedures of the Panel
1. Unless the Parties otherwise agree, the panel shall follow the model Rules of Procedure set out in Annex 15A (Rules of Procedure for the Panel).
2. There shall be no ex parte communications with the panel concerning matters under its consideration.
3. The deliberations of the panel and the documents submitted to it shall be kept confidential.
4. A Party asserting that a measure of the other Party is inconsistent with the provisions of this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.
5. The panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually agreed solution.
6. The panel shall make its decisions, including its report by consensus, but if consensus is not possible then by majority vote. Any member may furnish separate opinions on matters not unanimously agreed, and such separate opinions shall not be disclosed.
7. Rulings of the panel shall be binding on the Parties.
Article 15.17. Receipt of Information
1. Upon the request of a Party, or on its own initiative, the panel may seek from the Parties relevant information it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the panel for information.
2. Upon the request of a Party or on its own initiative, the panel may seek from any source any information it considers appropriate.