その他令和8年7月3日
投資に関する協定の一部条項（知財権、課税、環境・労働基準等）
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投資に関する協定の一部条項（知財権、課税、環境・労働基準等）
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Article 19
Intellectual Property Rights
1. The Contracting Parties shall grant and ensure the adequate and effective
protection of intellectual property rights, and promote efficiency and transparency in
intellectual property protection system. For this purpose, the Contracting Parties shall
promptly consult with each other at the request of either Contracting Party. Depending
on the results of the consultation, each Contracting Party shall, in accordance with its laws
and regulations, take appropriate measures to remove the factors which are recognised as
having adverse effects to the investments of investors of the other Contracting Party.
2. Nothing in this Agreement shall affect the rights and obligations of the
Contracting Parties under multilateral agreements in respect of protection of intellectual
property rights to which the Contracting Parties are parties.
3. Nothing in this Agreement shall be construed to oblige either Contracting Party to
extend to investors of the other Contracting Party and to their investments treatment
accorded to investors of a non-Contracting Party and to their investments by virtue of
multilateral agreements in respect of protection of intellectual property rights, to which
the former Contracting Party is a party.
Article 20
Taxation Measures
1. Nothing in this Agreement shall affect the rights and obligations of either
Contracting Party under any tax convention. In the event of any inconsistency between
this Agreement and any such convention, that convention shall prevail to the extent of the
inconsistency.
2. Articles 3 and 4 shall not apply to taxation measures.
Article 21
Health, Safety and Environmental Measures
and Labour Standards
Each Contracting Party recognises that it is inappropriate to encourage investment
by investors of the other Contracting Party and of a non-Contracting Party by relaxing its
health, safety or environmental measures, or by lowering its labour standards. To this
effect, each Contracting Party should not waive or otherwise derogate from such measures
or standards as an encouragement for the establishment, acquisition or expansion of
investments in its Territory by investors of the other Contracting Party and of a non-
Contracting Party.
Article 22
Denial of Benefits
1. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party and the denying Contracting Party:
(a) does not maintain diplomatic relations with the non-Contracting Party; or
b) adopts or maintains measures with respect to the non-Contracting Party
that prohibit transactions with the enterprise or that would be violated or
circumvented if the benefits of this Agreement were accorded to the
enterprise or to its investments
2. A Contracting Party may deny the benefits of this Agreement to an investor of the
other Contracting Party that is an enterprise of the other Contracting Party and to its
investments if the enterprise is owned or controlled by an investor of a non-Contracting
Party or of the denying Contracting Party and the enterprise has no substantial business
activities in the Territory of the other Contracting Party.
3. For the purpose of this Article, an enterprise is:
(a) "owned" by an investor if more than fifty percent of the equity interest in
it is beneficially owned by the investor; and
(b) "controlled" by an investor if the investor has the power to name a majority
of its directors or otherwise to legally direct its actions.
CHAPTER II
DISPUTE SETTLEMENT
Article 23
Settlement of Disputes between the Contracting Parties
1. Each Contracting Party shall accord sympathetic consideration to, and shall afford
adequate opportunity for consultation regarding, such representations as the other
Contracting Party may make with respect to any matter affecting the implementation of
this Agreement.
2. Any dispute between the Contracting Parties as to the interpretation and
application of this Agreement, not satisfactorily adjusted by diplomacy, shall be referred
for decision to an arbitration board. Such arbitration board shall be constituted for each
dispute in the following way. Within sixty days from the date of receipt by either
Contracting Party from the other Contracting Party of a note requesting arbitration of the
dispute, each Contracting Party shall appoint an arbitrator. The two arbitrators shall
select a third arbitrator who, upon approval by the Contracting Parties, shall be appointed
as the Chairperson, provided that the third arbitrator shall not be a national of either
Contracting Party. The Chairperson shall be appointed within sixty days from the date
of appointment of the other two arbitrators.
3. If the necessary appointments referred to in paragraph 2 have not been made
within the periods referred to in that paragraph, either Contracting Party may, unless
otherwise agreed, request the Secretary-General of the Permanent Court of Arbitration at
The Hague to make such appointments.
4. The arbitration board shall determine its own procedural rules, after consultation
with the Contracting Parties. The arbitration board shall decide the dispute in
accordance with this Agreement and the rules and principles of international law
applicable to the subject matter. The arbitration board shall within a reasonable period
5. Each Contracting Party shall bear the cost of the arbitrator of its choice and its
representation in the arbitral proceedings. The cost of the Chairperson of the arbitration
board in discharging his or her duties and the remaining costs of the arbitration board
shall be borne equally by the Contracting Parties.
Article 24
Settlement of Investment Disputes
between a Contracting Party
and an Investor of the Other Contracting Party
1. In the event of an investment dispute between the claimant and the respondent,
they should initially seek to resolve the dispute through consultation and negotiation,
which may include the use of non-binding, third-party procedures.
2. In the event that a disputing party considers that an investment dispute cannot be
settled by consultation and negotiation:
(a) the claimant, on its own behalf, may submit to arbitration under this Article
aclam:
(i) that the respondent has breached:
(A) an obligation under Chapter I; or
(B) an investment agreement to which the claimant is a party;
and
(ii) that the claimant has incurred loss or damage by reason of, or
arising out of, that breach; and
(b) the claimant, on behalf of an enterprise of the respondent that is a legal
person that the claimant owns or controls directly or indirectly, may submit
to arbitration under this Article a claim:
(i) that the respondent has breached:
(A) an obligation under Chapter I; or
(B) an investment agreement to which the enterprise is a party;
and
(ii) that the enterprise has incurred loss or damage by reason of, or
arising out of, that breach.
3. At least ninety days before submitting any claim to arbitration under this Article,
a claimant shall deliver to the respondent a written notice of its intention to submit the
claim to arbitration (hereinafter referred to as "notice of intent"). The notice of intent
shall specify:
(a) the name and address of the claimant and, in the case of subparagraph 2(b),
the name, address and place of incorporation of the enterprise:
(b) claim, the provision of Chapter I of investment
alleged to have been breached and any other relevant provisions;
(c) the legal and factual basis for each claim; and
(d) the relief sought and the approximate amount of damages claimed.
4. Provided that six months have elapsed since the events giving rise to the claim, a
claimant may submit a claim referred to in paragraph 2 to the arbitration:
(a) under the ICSID Convention, provided that the Contracting Parties are
parties to the ICSID Convention;
(b) under the ICSID Additional Facility Rules, provided that:
(i) none of the Contracting Parties is a party to the ICSID Convention;
Or
(ii) either Contracting Party, but not both, is a party to the ICSID
Convention:
(c) under the UNCITRAL Arbitration Rules; or
(d) if the disputing parties agree, under any other arbitration institution or
arbitration rules.
5. A claim shall be deemed submitted to arbitration under this Article when the
claimant's notice of or request for arbitration (hereinafter referred to in this Article as
"notice of arbitration ):
(a) referred to in paragraph 1 of Article 36 of the ICSID Convention0.0
received by the Secretary-General of ICSID;
(b) referred to in Rule 2 of the ICSID Additional Facility Arbitration Rules is
received by the Secretary-General of ICSID;
(c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with
the statement of claim referred to in Article 20 of the UNCITRAL
Arbitration Rules, is received by the respondent; or
(d) under any other arbitration institution or arbitration rules selected under
subparagraph 4(d) is received by the respondent, unless otherwise
specified by such institution or in such rules.
6. Each Contracting Party hereby consents to the submission of a claim to arbitration
under this Article in accordance with this Agreement. For greater certainty, in the case
of a claim submitted pursuant to subparagraph 2(a)(i)(B) or 2(b)(i)(B), if the investment
agreement provides a provision that designates forum for dispute settlement, such
provision shall not be construed as the revocation or exclusion of such consent with
respect to a claim alleging a breach of the investment agreement
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