COOPERATION Note: We have not introduced braces into this section because party attributions are not clear based on the text. Section B: Cooperation Article QQ.B.1: {Contact Points}
Each Party shall designate at least one contact point for the purpose of cooperation under this section.
Article QQ.B.2: [NZ/CL/SG/VN/MY/BN/MX propose: Cooperation in the implementation of international agreements
[NZ/CL/SG/BN/AU/MY/PE/VN/MX propose: 1. [AU/US oppose: Where a Party is a member of any of the following agreements, that Party shall, where appropriate and upon request by another Party, support that Party in implementing any of the following agreements] [AU/CA/JP/SG: A Party may seek to cooperate with other Parties to support its accession to, and implementation of, the agreements X-X ]: (a) Patent Cooperation Treaty; [PE/CA oppose: (b) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; (c) Singapore Treaty on the Law of Trademarks;] and (d) Nice Agreement Concerning the International Cla**ification of Goods and Services for the Purposes of the Registration of Marks.] [JP/SG/PE propose: (e) International Convention for the Protection of New Varieties of Plants (1991) (UPOV Convention)][AU: 2. Each Party shall endeavor to provide such cooperation as appropriate and upon request.] Article QQ.B.3 {Cooperation Activities}
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[AU/CL/NZ/PE/SG/BN/MX/VN/MY/US/CA propose: The Parties shall endeavour to cooperate on the subject matter covered by this Chapter through appropriate cooordination, training and exchange of information between the intellectual property offices, [or other relevant institutions]34, of the Parties. Cooperation may cover such areas as: (a) developments in domestic and international intellectual property policy (b) intellectual property administration and registration systems (c) education and awareness relating to intellectual property (d) intellectual property issues relevant to: a. small and medium-sized enterprises b. science, technology & innovation activities[PE propose: , which may include generation, transfer and dissemination of technology.] (e) policies involving the use of intellectual property for research, innovation and economic growth (f) such other areas as may be agreed among [AU/NZ oppose: the] Parties.]
Article QQ.B.4: {Patent Cooperation}
[[AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: In order to improve quality and efficiency in the Parties' patent systems,] The Parties shall endeavour to [US/SG propose: cooperate] [US oppose: establish a framework for cooperation] among their respective patent offices to facilitate the [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP oppose: exploitation] [AU/CL/MY/NZ/SG/PE/VN/CA/MX/BN/JP propose: sharing and use] of search and examination work of other Parties. This may include: (a) making search and examination results available to the patent offices of other Parties, and (b) exchanges of information on quality a**urance systems and quality standards relating to patent searching and examination; [JP propose; CL/PE oppose: (c) implementing and promoting the Patent Prosecution Highway;]
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34 Negotiators' Note: CA is reflecting on the notion of the meaning of relevant authorities.14---PAGE BREAK---
[CL/AU/MY/NZ/SG/PE/VN/CA/MX/BN oppose: which may, among other things, facilitate work sharing.] 35] 36
[JP proposal: 2. In the course of the cooperation referred to Paragraph 1, the Parties are encouraged not to require the applicants to submit search and examination results, including cited documents, made available by the patent offices of other Parties, with a view to reducing the procedural costs of the applicants.]
Article QQ.B.5: Cooperation activities and initiatives undertaken under this Chapter shall be subject to the availability of resources, and on request and on terms and conditions mutually agreed upon between the Parties involved.[VN propose: , including the technical a**istance for developing countries.]
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35 Negotiators' Note: US consulting experts on wording of provision.
36 Negotiators' Note: US and JP can go along with the consensus.
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