Canada-Israel Free Trade Agreement

CHAPTER TEN
INTELLECTUAL PROPERTY

Article 10.1: Objectives and Principles

1. The Parties recognise the need to achieve a balance between the rights of intellectual property right holders (“right holders”) and the legitimate interests of intellectual property users (“users”).

2. Each Party shall endeavour to maintain intellectual property regimes that aim to:

• (a) facilitate international trade and economic, social and cultural development through the dissemination of ideas, technology and creative works; and
• (b) promote certainty for right holders and users in respect of the protection and enforcement of intellectual property rights.

Article 10.2: Affirmation of International Agreements

1. The Parties affirm their rights and obligations under the TRIPS Agreement and other intellectual property agreements to which both Parties are party.

2. The Parties affirm that the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members’ rights to protect public health and, in particular, to promote access to medicines for all. In this regard, the Parties further affirm the right to fully avail themselves of the flexibilities established in the TRIPS Agreement, including those related to the protection of public health and in particular the promotion of access to medicines for all. The Parties take note of the WTO’s General Council Decisionon the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health of 30 August 2003 and the Protocol amending the TRIPS Agreementadopted 6 December 2005.

Article 10.3: Geographical Indications

The Parties agree to come back at an appropriate time, in order to discuss a possible agreement on the protection of geographical indications.

Article 10.4: General Obligation with Respect to Enforcement

The Parties shall endeavour to adopt, maintain or apply laws, regulations and procedures implementing the provisions of this Chapter that are fair and equitable, and not unnecessarily complicated or costly, nor entail unreasonable time-limits or unwarranted delays. 

Article 10.5: Cooperation on Enforcement

1. The Parties recognise the challenges related to the enforcement of intellectual property rights, particularly in trans-border contexts. The Parties agree to cooperate, as appropriate, to combat the negative effects of copyright piracy and trademark counterfeiting.

2. Each Party shall endeavour to exchange information and share best practices in areas of mutual interest relating to the enforcement of intellectual property rights in accordance with the law of that Party.

3. Each Party shall endeavour to adhere to the principles set out in Annex 10.5.

Article 10.6: Other Areas of Cooperation

Recognising the growing importance of intellectual property rights in promoting innovation, economic, social and cultural development, as well as economic competitiveness in a knowledge-based and digital economy, the Parties agree to cooperate in the field of intellectual property in areas of mutual interest, including exploring ways to expedite the examination of patent applications and information sharing.

Article 10.7: Transparency

1. With the aim of making the protection and enforcement of intellectual property rights transparent, each Party shall ensure that its laws, regulations and procedures concerning intellectual property rights are published or otherwise made available in a manner that enables the other Party or any interested person to become acquainted with them.

2. Each Party shall publish or otherwise make available in advance, to the extent required by the law of that Party, any laws or regulations that it proposes to adopt or amend, so that the other Party or any interested person can provide comments.

3. Each Party shall endeavour to adhere to the guidelines on transparency in Annex 10.7.

Article 10.8: Disclosure of Information

This Chapter does not require a Party to disclose information that would impede law enforcement or otherwise be prohibited, or exempt from disclosure under its laws or regulations, including those concerning access to information or privacy.

Article 10.9: Consultations

1. Either Party may request consultations with the other Party regarding a matter the requesting Party considers may negatively affect its intellectual property interests arising under this Chapter.

2. Upon a request pursuant to paragraph 1, the Parties agree to consult on ways of reaching a mutually satisfactory solution. In doing so, each Party shall:

• (a) endeavour to provide sufficient information to enable a full examination of the matter; and
• (b) treat any confidential or proprietary information exchanged in the course of the consultations on the same basis as the Party providing the information.

Article 10.10: Dispute Settlement

No matter arising under this Chapter shall be subject to Chapter Nineteen (Dispute Settlement) of this Agreement.

ANNEX 10.5
GUIDELINES FOR THE ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Public Outreach and Awareness

1. To encourage any interested person of the Parties, including intellectual property right holders, industry groups, and relevant stakeholders, to be aware of their rights and obligations under the applicable intellectual property laws, regulations and procedures, each Party should, as appropriate, be accessible for consultations with them to identify perceived risks regarding violations of intellectual property rights and consider actions to mitigate those risks whenever justified.

Enforcement Expertise, Information, and Domestic Coordination

2. Each Party should encourage the development of specialised expertise for the enforcement of intellectual property rights.

3. Each Party should promote, when practicable, the collection and analysis of data and other relevant information concerning intellectual property rights infringements, as well as the collection of information on best practices to prevent and combat infringements.

Procedures for Criminal Enforcement

4. Subject to the law of the Party, each Party should, as it deems appropriate:

• (a) allow interested right holders the opportunity to provide information that can be used by enforcement agencies in their enforcement activities, particularly for investigation purposes, while taking appropriate measures to maintain the confidentiality of the information when required by the law of that Party; and
• (b) endeavour, in appropriate circumstances, to seek the assistance of right holders to determine, for the purposes of investigations or similar procedures, whether suspected goods are counterfeit trademark or pirated copyright goods.

Information Sharing

5. The Parties’ respective authorities may cooperate, as appropriate, to better identify and target the inspection of shipments suspected of containing counterfeit trademark or pirated copyright goods and, in doing so, endeavour to:

• (a) share information on innovative approaches that may be developed to provide greater analytical targeting of shipments that could contain counterfeit trademark or pirated copyright goods; and
• (b) share information and intelligence regarding shipments of suspected counterfeit trademark or pirated copyright goods in appropriate cases.

ANNEX 10.7
GUIDELINES ON TRANSPARENCY IN INTELLECTUAL PROPERTY

1. To clarify procedures and practices regarding the application, issuance and registration of industrial property rights, the Parties should publish:  

• (a) clear and simple instructions and explanations of the steps involved regarding the application, issuance and registration processes;
• (b) the examination guidelines and assessment criteria, if any, used to review an application, if applicable;
• (c) the contact points for inquiries regarding the registration of industrial property rights; and
• (d) the provisions, if any, directed to small and medium sized enterprises.

2. Each Party’s systems for the registration of industrial property should include features that provide:

• (a) an applicant with the reasons in writing, which may be by electronic means, for any refusal to register a trademark or design, or grant a patent;
• (b) an applicant with the opportunity to respond to communications from the relevant government authorities, challenge an initial refusal and have a higher authority review any refusal to register a trademark or design, or grant a patent;
• (c) any interested person with an opportunity  to oppose or challenge an application or a registration of a trademark, design or patent; and
• (d) for decisions in opposition or cancellation proceedings to be reasoned and in writing.

3. Each Party should provide that any final judicial decision or administrative ruling of general application pertaining to the protection, including enforcement, of intellectual property rights will be published or, when publication is not practicable, will be made publicly available in a manner that enables the other Party and any interested person to become acquainted with them.