Colombia - Ecuador - EU - Peru FTA (2012)
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(a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage;

(b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or

(c) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence under subparagraph 2(b); such other Party must object in writing within 30 days of the receipt of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification, including for the purposes of Title XII (Dispute Settlement).

4. Where the Parties within the Trade Committee agree on any proposed modification, rectification or minor amendment, including where a Party has not objected within 30 days under paragraph 3, the Parties shall modify forthwith the relevant Annex.

5. The EU Party may at any time engage in bilateral negotiations with any signatory Andean Country with a view to broadening the market access mutually granted under this Title.

Article 192. Micro, Small and Medium Enterprises Participation

1. The Parties recognise the importance of the participation of Micro and SMEs in government procurement.

2. The Parties also recognise the importance of business alliances between suppliers of the Parties, and in particular of Micro and SMEs, including the joint participation in tendering procedures.

3. The Parties agree to exchange information and work jointly with the aim of facilitating access by Micro and SMEs to government procurement procedures, methods and contracting requirements, focused on their special needs.

Article 193. Cooperation

1. The Parties recognise the importance of cooperation with a view to achieving a better understanding of their respective government procurement systems, as well as a better access to their respective markets, in particular for micro, small and medium suppliers.

2. The Parties shall endeavour to cooperate in matters such as:

(a) exchange of experiences and information, such as regulatory frameworks, best practices and statistics;

(b) development and use of electronic communications in government procurement systems;

(c) capacity building and technical assistance to suppliers with respect to access to the government procurement market;

(d) institutional strengthening for the implementation of the provisions of this Title, including training to government personnel; and

(e) capacity building to provide multilingual access to procurement opportunities.

3. The EU Party shall, upon request, provide assistance which it may deem appropriate to potential tenderers from the signatory Andean Countries in submitting their tenders and selecting the goods or services which are likely to be of interest to the procuring entities of the European Union or its Member States. Likewise, the EU Party shall assist them to comply with technical regulations and standards relating to goods or services which are the subject of the intended procurement.

Article 194. Sub-committee on Government Procurement

1. The Parties hereby establish a Sub-committee on Government Procurement comprising representatives of each Party.

2. The Sub-committee shall:

(a) evaluate the implementation of this Title, including the use of the opportunities offered by increased access to government procurement and recommend to the Parties the appropriate activities;

(b) evaluate and follow up the activities related to cooperation that the Parties submit; and

(c) without prejudice of Article 191, paragraph 5, consider further negotiations aimed at broadening the coverage of this Title.

3. The Sub-committee on Government Procurement shall meet at request of any Party in a place and date that will be agreed, and shall keep a written record of its meetings.

Title VII. Intellectual Property

Chapter 1. General Provisions

Article 195. Objectives

The objectives of this Title are to:

(a) promote innovation and creativity and facilitate the production and commercialisation of innovative and creative products between the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights that contributes to transfer and dissemination of technology and favour social and economic welfare and the balance between the rights of the holders and the public interest.

Article 196. Nature and Scope of the Obligations

1. The Parties reaffirm the rights and obligations under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (hereinafter referred to as "TRIPS Agreement"), and any other multilateral agreement related to intellectual property and agreements administered under the auspices of the World Intellectual Property Organization (hereinafter referred to as "WIPO"), to which the Parties are party.

2. The provisions of this Title shall complement and specify the rights and obligations of the Parties under the TRIPS Agreement and other multilateral agreements related to intellectual property to which the Parties are party, and therefore, no provision of this Title will contradict or be detrimental to the provisions of such multilateral agreements.

3. The Parties recognise the need to maintain a balance between the rights of intellectual property holders and the interest of the public, particularly regarding education, culture, research, public health, food security, environment, access to information and technology transfer.

4. The Parties recognise and reaffirm the rights and obligations under the Convention on Biological Diversity (hereinafter referred to as "CBD") adopted on June 5, 1992, and support and encourage efforts to establish a mutually supportive relationship between the TRIPS Agreement and such Convention.

5. For the purposes of this Agreement, intellectual property rights embody:

(a) copyright, including copyright in computer programmes and in databases;

(b) rights related to copyright;

(c) patent rights;

(d) trademarks;

(e) trade names in so far as these are protected as exclusive property rights in the domestic law concerned;

(f) designs;

(g) layout- designs (topographies) of integrated circuits;

(h) geographical indications;

(i) plant varieties; and

(j) protection of undisclosed information.

6. For the purposes of this Agreement, protection of intellectual property includes protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (as revised by the Stockholm Act 1967) (hereinafter referred to as "Paris Convention").

Article 197. General Principles

1. Having regard to the provisions of this Title, each Party may, in formulating or amending its laws and regulations, make use of the exceptions and flexibilities permitted by the multilateral intellectual property agreements, particularly when adopting measures necessary to protect public health and nutrition, and to guarantee access to medicines.

2. The Parties recognise the importance of the Declaration of the Fourth Ministerial Conference in Doha and especially the Doha Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the WTO Ministerial Conference and its subsequent developments. In this sense, in interpreting and implementing the rights and obligations under this Title, the Parties shall ensure consistency with this Declaration.

3. The Parties shall contribute to the implementation and respect of the Decision of the WTO General Council of 30 August 2003, on paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol Amending the TRIPS Agreement, done at Geneva on 6 December 2005.

4. The Parties also recognise the importance of promoting the implementation of Resolution WHA 61.21 Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, adopted by the World Health Assembly on 24 of May 2008.

5. In accordance with the TRIPS Agreement, no provision of this Title will prevent a Party from adopting any measure necessary to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.

6. The Parties recognise that technology transfer contributes to the strengthening of national capabilities, with the aim to establish a sound and viable technological base.

7. The Parties recognise the impact of information and communication technologies on the usage of literary and artistic works, artistic performances, phonogram productions and broadcasts and, therefore, the need to provide adequate protection of copyright and related rights in the digital environment.

Article 198. National Treatment

Each Party shall accord to the nationals of another Party treatment no less favourable than that it accords to its own nationals with regard to the protection (69) of intellectual property, subject to the exceptions already provided for in Articles 3 and 5 of the TRIPS Agreement.

(69) For the purposes of Articles 198 and 199 ‘protection’ shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Title.

Article 199. Most Favoured Nation Treatment

With regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Party to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of the other Parties, subject to the exceptions provided for in Articles 4 and 5 of the TRIPS Agreement.

Article 200. Exhaustion

Each Party shall be free to establish its own regime for exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement.

Chapter 2. Protection of Biodiversity and Traditional Knowledge

Article 201.

1. The Parties recognise the importance and value of biological diversity and its components and of the associated traditional knowledge, innovations and practices of indigenous and local communities (70). The Parties furthermore reaffirm their sovereign rights over their natural resources and recognise their rights and obligations as established by the CBD with respect to access to genetic resources, and to the fair and equitable sharing of benefits arising out of the utilization of these genetic resources.

2. The Parties recognise the past, present and future contribution of indigenous and local communities to the conservation and sustainable use of biological diversity and all of its components and, in general, the contribution of the traditional knowledge (71) of their indigenous and local communities to the culture and to the economic and social development of nations.

3. Subject to their domestic legislation, the Parties shall, in accordance with Article 8(j) of the CBD respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, and promote their wider application conditioned to the prior informed consent of the holders of such knowledge, innovations and practices, and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.

4. In accordance with Article 15 paragraph 7 of the CBD, the Parties reaffirm their obligation to take measures with the aim of sharing in a fair and equitable way the benefits arising from the utilization of genetic resources. The Parties also recognise that mutually agreed terms may include benefit-sharing obligations in relation to intellectual property rights arising from the use of genetic resources and associated traditional knowledge.

5. Colombia and the EU Party will collaborate in further clarifying the issue and concept of misappropriation of genetic resources and associated traditional knowledge, innovation and practices so as to find, as appropriate and in accordance with the provisions of international and domestic law, measures to address this issue.

6. The Parties shall cooperate, subject to domestic legislation and international law, to ensure that intellectual property rights are supportive of, and do not run counter to, their rights and obligations under the CBD, in so far as genetic resources and associated traditional knowledge of the indigenous and local communities located in their respective territories are concerned. The Parties reaffirm their rights and obligations under Article 16 paragraph 3 of the CBD in relation to countries providing genetic resources, to take measures with the aim to provide access to and transfer of technology which makes use of such resources, upon mutually agreed terms. This provision shall apply without prejudice to the rights and obligations under Article 31 of the TRIPS Agreement.

7. The Parties acknowledge the usefulness of requiring the disclosure of the origin or source of genetic resources and associated traditional knowledge in patent applications, considering that this contributes to the transparency about the uses of genetic resources and associated traditional knowledge.

8. The Parties will provide, in accordance with their domestic law, for applicable effects of any such requirement so as to support compliance with the provisions regulating access to genetic resources and associated traditional knowledge, innovations and practices.

9. The Parties will endeavour to facilitate the exchange of information about patent applications and granted patents related to genetic resources and associated traditional knowledge, with the aim that in the substantive examination, particularly in determining prior art, such information can be considered.

10. Subject to the provisions of Chapter 6 (Cooperation) of this Title, the Parties will cooperate on mutually agreed terms in the training of patent examiners in reviewing patent applications related to genetic resources and associated traditional knowledge.

11. The Parties recognise that data bases or digital libraries which contain relevant information constitute useful tools for patentability examination of inventions related to genetic resources and associated traditional knowledge.

12. In accordance with applicable international and domestic law, the Parties agree to collaborate in the application of domestic frameworks on access to genetic resources and associated traditional knowledge, innovations and practices.

13. The Parties may, by mutual agreement, review this Chapter subject to the results and conclusions of multilateral discussions.

(70) Where applicable, ‘indigenous and local communities’ encompasses Afro American descendants.
(71) Without prejudice to the implementation of this Chapter, the Parties acknowledge that the concept of traditional knowledge is discussed in relevant international fora.

Chapter 3. Provisions Concerning Intellectual Property Rights

Section 1. Trademarks

Article 202. International Agreements

1. The Parties shall abide by the rights and obligations existing under the Paris Convention and the TRIPS Agreement.

2. The European Union and Colombia shall accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on 27 June 1989 (hereinafter referred to as the "Madrid Protocol") within 10 years from the signature of this Agreement. Peru and Ecuador shall make all reasonable efforts to adhere to the Madrid Protocol.

3. The European Union and Peru shall make all reasonable efforts to comply with the Trademark Law Treaty adopted in Geneva on 27 October 1994 (hereinafter referred to as the "Trademark Law Treaty"). Colombia shall make all reasonable efforts to adhere to the Trademark Law Treaty.

Article 203. Registration Requirements

Any sign, or any combination of signs, capable of distinguishing goods or services of one undertaking from those of other undertakings, can constitute a trademark in the market. Such signs may be constituted particularly by words, including combinations of words, personal names, letters, numbers, figurative elements, sounds and combinations of colours, as well as by any combination of such signs. Where signs are not intrinsically capable of distinguishing the relevant goods or services, a Party may make registrability dependent upon distinctiveness acquired through use. A Party may require, as a condition of registration, that signs be visually perceptible.

Article 204. Registration Procedure

1. The Parties shall use the classification established in the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks adopted in Nice on 15 June 1957, and its amendments in force, to classify the goods and services to which the trademarks are applied for.

2. Each Party (72) shall provide for a system for the registration of trademarks in which each final decision taken by the relevant trademark administration is duly reasoned and in writing. Reasons for the refusal to register a trademark shall be communicated in writing to the applicant, who will have an opportunity to contest such refusal and to appeal the final decision thereof before court. Each Party shall provide for the possibility to oppose trademark applications. Such opposition proceedings shall be adversarial. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.

(72) In the case of the EU Party, the obligations provided for in this paragraph, shall apply to the European Union only with respect to its Community trademark.

Article 205. Well-known Trademarks

The Parties shall co-operate with the purpose of making protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and Article 16.2 and 16.3 of the TRIPS Agreement, effective.

Article 206. Exceptions to the Rights Conferred by a Trademark

1. Provided that the legitimate interests of the right holders of the trademarks and of third parties are taken into account, each Party shall provide as a limited exception (73) to the rights conferred by a trademark, for the fair use in the course of trade of its own name and address, or descriptive terms concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or the rendering of the services or other characteristics of the goods or services.

2. Each Party shall also provide for limited exceptions allowing a person to use the trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts, provided that it is used in accordance with honest practices in industrial or commercial matters.

(73) A limited exception is understood to be the one that allows third parties to use in the market a descriptive term without the need for obtaining the consent of the right-holder provided that such use is done in good faith and does not constitute use as a trademark.

Section 2. Geographical Indications

Article 207. Scope of Application of this Section

With respect to the recognition and protection of geographical indications which are originating in the territory of a Party, the following applies:

(a) geographical indications are, for the purposes of this Title, indications consisting of the name of a particular country, region or locality or a name which, without being that of a particular country, region or locality, refers to a particular geographical area, and which identify a product as originating therein where a given quality, reputation or other characteristic of the product is exclusively or essentially due to the geographical environment in which it is produced, with its inherent natural and human factors;

(b) geographical indications of a Party to be protected by another Party shall only be subject to this Title if they are recognised and declared as such in the country of origin;

(c) each Party shall protect geographical indications for agricultural and foodstuff products, wines, spirit drinks and aromatised wines listed in Appendix 1 of Annex XIII (Lists of Geographical Indications) in accordance with the procedures referred to in Article 208 as from the entry into force of this Agreement;

(d) geographical indications for products other than agricultural foodstuffs products, wines, spirit drinks or aromatised wines listed in Appendix 1 of Annex XIII (Lists of Geographical Indications) may be protected according to the laws and regulations applicable in each Party. The Parties acknowledge that geographical indications listed under Appendix 2 of Annex XIII (Lists of Geographical Indications) are protected as geographical indications in the country of origin;

(e) the use (74) of geographical indications related to products originating in the territory of a Party shall be reserved exclusively for producers, manufacturers or craftsmen with production or manufacturing establishments in the locality or region within the Party identified or evoked by that indication;

(f) if a Party adopts or maintains a system for authorising the use of geographical indications, such system shall only apply to the geographical indications originating in its territory;

(g) public or private bodies that represent beneficiaries of geographical indications or bodies designated for that purpose shall have at their disposal mechanisms allowing for the effective control over the use of protected geographical indications; and

(h) geographical indications protected in accordance with this Title shall not, for as long as they remain protected in their country of origin, be considered the common or generic designation of the product that they identify.

(74) For the purposes of this subparagraph, ‘use’ shall mean the production, and/or processing and/or preparation of the product identified by the geographical indication.

Article 208. Established Geographical Indications

1. Having completed an objection procedure and having examined the geographical indications of the European Union listed in the Appendix 1 of Annex XIII (Lists of Geographical Indications) which have been registered by the EU Party, the signatory Andean Countries will protect such geographical indications according to the level of protection laid down in this Section.

2. Having completed an objection procedure and having examined the geographical indications of a signatory Andean Country listed in the Appendix 1 of Annex XIII (Lists of Geographical Indications) which are registered by such signatory Andean Country, the EU Party will protect the same according to the level of protection laid down in this Section.

Article 209. Addition of New Geographical Indications

1. The Parties agree on the possibility to add new geographical indications to Appendix 1 of Annex XIII (Lists of Geographical Indications) after having completed the objection procedure and after having examined the geographical indications as referred to in Article 208.

2. A Party wishing to add a new geographical indication to its list in Appendix 1 of Annex XIII (Lists of Geographical Indications) shall submit to another Party a request in that regard within the framework of the Sub-committee on Intellectual Property.

3. The date of the application of protection shall be the date of transmission of the application to another Party. This exchange of information shall be done under the framework of the Sub-committee on Intellectual Property.

Article 210. Scope of Protection of Geographical Indications

1. The geographical indications of a Party listed in the Appendix 1 of Annex XIII (Lists of Geographical Indications), as well as those added pursuant to Article 209, shall be protected by another Party at least against:

(a) any commercial use of such protected geographical indication:

(i) for identical or like products not compliant with the product specification of the geographical indication; or

(ii) in so far as such use exploits the reputation of the geographical indication;

(b) any other non-authorised use (75) of geographical indications other than those identifying wines, aromatized wines or spirits drinks that creates confusion, including even in cases where the name is accompanied by indications such as style, type, imitation and other similar that creates confusion to the consumer; without prejudice to this subparagraph, if a Party amends its legislation in order to protect geographical indications other than those identifying wines, aromatised wines and spirit drinks at a higher level than the protection provided for in this Agreement, that Party shall extend such protection to the geographical indications listed in Appendix 1 of Annex XIII (Lists of Geographical Indications);

(c) in case of geographical indications that identify wines, aromatised wines or spirit drinks, any misuse, imitation or evocation, at least, for products of this kind, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(d) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, or the advertising material relating to the product concerned, liable to convey a false impression as to its origin; and (e) any other practice liable to mislead the consumer as to the true origin of the product.

2. Where a Party, in the context of negotiations with a third country, proposes to protect a geographical indication of that third country, and the name is homonymous with a geographical indication of another Party, the latter shall be informed and be given the opportunity to comment before the name becomes protected.

3. The Parties shall notify each other if a geographical indication ceases to be protected in its country of origin.

(75) The term ‘non authorized use’ may cover any misuse, imitation or evocation.

Article 211. Relationship with Trademarks

1. The Parties shall refuse to register or shall provide for invalidation of a trademark that corresponds to any of the situations referred to in Article 210, paragraph 1, in relation to a protected geographical indication for identical or like products, provided an application to register the trademark is submitted after the date of application for protection of the geographical indication in its territory.

2. Without prejudice to the grounds for refusing the protection of geographical indications provided for in its domestic legislation, no Party shall have the obligation to protect a geographical indication where, in the light of a reputed or well-known trademark, protection is liable to mislead consumers as to the true identity of the product.

Article 212. General Rules

1. The Parties may exchange additional information regarding the technical specifications of the products protected by geographical indications in Appendix 1 of Annex XIII (Lists of Geographical Indications) in the Sub-committee on Intellectual Property. Furthermore, the Parties may facilitate the exchange of information regarding the control bodies in their territory.

2. Nothing in this Section shall oblige a Party to protect a geographical indication which is not or ceases to be protected in its country of origin. The Party that is the originating territory of a geographical indication shall notify the other Parties when such geographical indication ceases to be protected in its country of origin.

3. A product specification referred to in this Section shall be that approved, including any amendments also approved, by the authorities of the Party in the territory of which the product originates.

Article 213. Cooperation and Transparency

1. In the context of the Subcommittee on Intellectual Property, a Party may request from another Party information regarding the compliance of products bearing geographical indications protected pursuant to this Section with the respective product specifications and their modifications, as well as contact points for facilitating controls, if necessary.

2. With regard to geographical indications of another Party protected pursuant to this Section, each Party may make publicly available the respective product specifications, or a summary thereof, as well as contact points for facilitating controls.

Article 214.

This Section shall not prejudice the rights already recognised by the Parties in free trade agreements to third countries.

Section 3. Copyright and Related Rights

Article 215. Protection Granted

1. The Parties shall protect, in a manner as effective and uniform as possible, the rights of authors in their literary and artistic works. The Parties shall also protect the rights of performers, producers of phonograms and broadcasting organisations, with respect to their performances, phonograms and broadcasts, respectively.

2. The Parties shall comply with existing rights and obligations by virtue of the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (hereinafter referred to as the "Berne Convention"), the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done on 26 October of 1961 (hereinafter referred to as the "Rome Convention"), the WIPO Copyright Treaty (hereinafter referred to as the "WCT"), and the WIPO Performances and Phonograms Treaty (hereinafter referred to as the "WPPT"), both adopted on 20 December 1996.

Article 216. Moral Rights

1. Independently of the economic rights of the author, and even after the transfer of such rights, the author shall have the right to claim, at least, authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, such work, which would be prejudicial to his/her honour or reputation.

2. The rights granted to the author in accordance with paragraph 1 shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed.

3. Independently of the economic rights of a performer, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances fixed in phonograms, have the right to claim to be identified as the performer of his/her performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his/her performances that would be prejudicial to his/her reputation. This paragraph applies without prejudice to other moral rights recognised by domestic legislation.

4. The means of redress for safeguarding the rights granted under this Article shall be governed by the legislation of the Party where protection is claimed.

5. Each Party may provide for a degree of protection of moral rights higher than that provided for under this Article.

  • Title   I Initial Provisions 1
  • Chapter   1 Essential Elements 1
  • Article   1 General Principles 1
  • Article   2 Disarmament and Non-proliferation of Weapons of Mass Destruction 1
  • Chapter   2 General Provisions 1
  • Article   3 Establishment of a Free Trade Area 1
  • Article   4 Objectives 1
  • Article   5 Relation to the WTO Agreement 1
  • Article   6 Definition of the Parties 1
  • Article   7 Trade and Economic Relations Covered by this Agreement 1
  • Article   8 Fulfilment of Obligations 1
  • Article   9 Geographical Scope of Application 1
  • Article   10 Regional Integration 1
  • Chapter   3 Definitions of General Application 1
  • Article   11 Definitions 1
  • Title   II Institutional Provisions 1
  • Article   12 Trade Committee 1
  • Article   13 Functions of the Trade Committee 1
  • Article   14 Decision-making 2
  • Article   15 Specialised Bodies 2
  • Article   16 Coordinators of the Agreement 2
  • Title   III Trade In Goods 2
  • Chapter   1 Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   17 Objective 2
  • Article   18 Scope of Application 2
  • Article   19 Definitions 2
  • Article   20 Classification of Goods 2
  • Article   21 National Treatment 2
  • Section   2 Elimination of Custom Duties 2
  • Article   22 Elimination of Customs Duties 2
  • Section   3 Non Tariff Measures 2
  • Article   23 Import and Export Restrictions 2
  • Article   24 Fees and Charges 2
  • Article   25 Duties and Taxes on Exports 2
  • Article   26 Import and Export Licensing Procedures 2
  • Article   27 State Trading Enterprises 2
  • Section   4 Agricultural Goods 2
  • Article   28 Scope of Application 2
  • Article   29 Agricultural Safeguard 2
  • Article   30 Price Band System 2
  • Article   31 System of Entry Prices 2
  • Article   32 Export Subsidies and other Equivalent Effect Measures 2
  • Article   33 Administration and Implementation of Tariff Rate Quotas 2
  • Section   5 Management of Administrative Errors 2
  • Article   34 Management of Administrative Errors 2
  • Section   6 Sub-committees 2
  • Article   35 Sub-committee on Market Access 2
  • Article   36 Sub-committee on Agriculture 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Anti-dumping and Countervailing Measures 3
  • Article   37 General Provisions 3
  • Article   38 Transparency 3
  • Article   39 Consideration of Public Interest 3
  • Article   40 Lesser Duty Rule 3
  • Article   41 Investigating Authorities 3
  • Article   42 Exclusion from the Dispute Settlement Mechanism 3
  • Section   2 Multilateral Safeguard Measures 3
  • Article   43 General Provisions 3
  • Article   44 Transparency 3
  • Article   45 Non-simultaneous Application of Safeguard Measures 3
  • Article   46 Investigating Authority 3
  • Article   47 Exclusion from Dispute Settlement Mechanism 3
  • Section   3 Bilateral Safeguard Clause 3
  • Article   48 Application of a Bilateral Safeguard Measure 3
  • Article   49 Notification and Consultations 3
  • Article   50 Type of Measures 3
  • Article   51 Investigation Procedure 3
  • Article   52 Conditions and Duration of a Measure 3
  • Article   53 Provisional Measures 3
  • Article   54 Compensation 3
  • Article   55 Re-application of a Measure 3
  • Article   56 Outermost Regions of the European Union  (15) 3
  • Article   57 Competent Authority 3
  • Chapter   3 Customs and Trade Facilitation 3
  • Article   58 Objectives 3
  • Article   59 Customs and Trade-related Procedures 3
  • Article   60 Advance Rulings 3
  • Article   61 Risk Management 3
  • Article   62 Authorised Economic Operator 3
  • Article   63 Transit 3
  • Article   64 Relations with the Business Community 3
  • Article   65 Customs Valuation 3
  • Article   66 Customs Cooperation 3
  • Article   67 Mutual Assistance 3
  • Article   68 Sub-committee on Customs, Trade Facilitation and Rules of Origin 3
  • Article   69 Technical Assistance on Customs and Trade Facilitation 4
  • Article   70 Implementation 4
  • Chapter   4 Technical Barriers to Trade 4
  • Article   71 Objectives 4
  • Article   72 Definitions 4
  • Article   73 Relationship with the Tbt Agreement 4
  • Article   74 Scope of Application 4
  • Article   75 Cooperation and Trade Facilitation 4
  • Article   76 Technical Regulations 4
  • Article   77 Standards 4
  • Article   78 Conformity Assessment and Accreditation 4
  • Article   79 Transparency and Notification Procedures 4
  • Article   80 Border Control and Market Surveillance 4
  • Article   81 Marking and Labelling 4
  • Article   82 Trade Related Technical Assistance and Capacity Building 4
  • Article   83 Sub-committee on Technical Barriers to Trade 4
  • Article   84 Exchange of Information 4
  • Chapter   5 Sanitary and Phytosanitary Measures 4
  • Article   85 Objectives 4
  • Article   86 Rights and Obligations 4
  • Article   87 Scope of Application 4
  • Article   88 Definitions 5
  • Article   89 Competent Authorities 5
  • Article   90 General Principles 5
  • Article   91 Import Requirements 5
  • Article   92 Import Procedures 5
  • Article   93 Verifications 5
  • Article   94 Measures Linked to Animal and Plant Health 5
  • Article   95 Equivalence 5
  • Article   96 Transparency and Exchange of Information 5
  • Article   97 Notification and Consultation 5
  • Article   98 Emergency Measures 5
  • Article   99 Alternative Measures 5
  • Article   100 Special and Differential Treatment 5
  • Article   101 Technical Assistance and Strengthening of the Trade Capacities 5
  • Article   102 Collaboration on Animal Welfare 5
  • Article   103 Sub-committee on Sanitary and Phytosanitary Measures 5
  • Article   104 Dispute Settlement 5
  • Chapter   6 5
  • Article   105 Movement of Goods 5
  • Chapter   7 Exceptions 5
  • Article   106 Exceptions to the Title on Trade In Goods 5
  • Title   IV Trade In Services, Establishment and Electronic Commerce 5
  • Chapter   1 General Provisions 5
  • Article   107 Objective and Scope of Application 5
  • Article   108 Definitions 5
  • Article   109 Working Groups 6
  • Chapter   2 Establishment 6
  • Article   110 Definitions 6
  • Article   111 Scope of Application 6
  • Article   112 Market Access 6
  • Article   113 National Treatment 6
  • Article   114 List of Commitments 6
  • Article   115 Other Agreements 6
  • Article   116 Investment Promotion and Review 6
  • Chapter   3 Cross-border Supply of Services 6
  • Article   117 Definitions 6
  • Article   118 Scope of Application 6
  • Article   119 Market Access 6
  • Article   120 National Treatment 6
  • Article   121 List of Commitments 6
  • Chapter   4 Temporary Presence of Natural Persons for Business Purposes 6
  • Article   122 Scope of Application 6
  • Article   123 Definitions 6
  • Article   124 Key Personnel and Graduate Trainees 6
  • Article   125 Business Services Sellers 6
  • Article   126 Contractual Services Suppliers 6
  • Article   127 Independent Professionals 7
  • Article   128 Short Term Visitors for Business Purposes 7
  • Chapter   5 Regulatory Framework 7
  • Section   1 Provisions of General Application 7
  • Article   129 Mutual Recognition 7
  • Article   130 Transparency and Disclosure of Confidential Information 7
  • Article   131 Domestic Regulation 7
  • Section   2 Computer Services 7
  • Article   132 Understanding on Computer Services 7
  • Section   3 Postal and Courier Services 7
  • Article   133 Scope of Application 7
  • Article   134 Definitions 7
  • Article   135 Prevention of Anti-competitive Practices In the Postal and Courier Services Sector 7
  • Article   136 Universal Service 7
  • Article   137 Individual Licences 7
  • Article   138 Independence of Regulatory Bodies 8
  • Section   4 Telecommunications Services 8
  • Article   139 Scope of Application 8
  • Article   140 Definitions 8
  • Article   141 Competitive Safeguards on Major Suppliers 8
  • Article   142 Additional Obligations of Major Suppliers  (56) 8
  • Article   143 Regulatory Authorities 8
  • Article   144 Authorisation to Provide Telecommunications Services 8
  • Article   145 Interconnection 8
  • Article   146 Scarce Resources 8
  • Article   147 Universal Service 8
  • Article   148 Telephone Directories 8
  • Article   149 Confidentiality of Information 8
  • Article   150 Disputes between Suppliers 8
  • Section   5 Financial Services 8
  • Article   151 Scope of Application 8
  • Article   152 Definitions 8
  • Article   153 Clearing and Payment Systems 8
  • Article   154 Prudential Carve-out 8
  • Article   155 Effective and Transparent Regulation 8
  • Article   156 New Financial Services 9
  • Article   157 Data Processing 9
  • Article   158 Recognition of Prudential Measures 9
  • Article   159 Specific Exceptions 9
  • Section   6 International Maritime Transport Services 9
  • Article   160 Scope of Application and Principles 9
  • Article   161 Definitions 9
  • Chapter   6 Electronic Commerce 9
  • Article   162 Objective and Principles 9
  • Article   163 Regulatory Aspects of Electronic Commerce 9
  • Article   164 Protection of Personal Data 9
  • Article   165 Management of Paperless Trading 9
  • Article   166 Consumer Protection 9
  • Chapter   7 Exceptions 9
  • Article   167 General Exceptions 9
  • Title   V Current Payments and Capital Movements 9
  • Article   168 Current Account 9
  • Article   169 Capital Account 9
  • Article   170 Safeguard Measures 9
  • Article   171 Final Provisions 9
  • Title   VI Government Procurement 9
  • Article   172 Definitions 9
  • Article   173 Scope of Application 9
  • Article   174 Exceptions 10
  • Article   175 General Principles 10
  • Article   176 Publication of Procurement Information 10
  • Article   177 Publication of Notices 10
  • Article   178 Conditions for Participation 10
  • Article   179 Selective Tendering 10
  • Article   180 Multi-use List  (68) 10
  • Article   181 Technical Specifications 10
  • Article   182 Tender Documentation 10
  • Article   183 Time Periods 10
  • Article   184 Negotiations 10
  • Article   185 Limited Tendering 10
  • Article   186 Electronic Auctions 10
  • Article   187 Treatment of Tenders and Award of Contracts 10
  • Article   188 Transparency of Procurement Information 10
  • Article   189 Disclosure of Information 10
  • Article   190 Domestic Review Procedures 10
  • Article   191 Modifications and Rectifications of Coverage 10
  • Article   192 Micro, Small and Medium Enterprises Participation 11
  • Article   193 Cooperation 11
  • Article   194 Sub-committee on Government Procurement 11
  • Title   VII Intellectual Property 11
  • Chapter   1 General Provisions 11
  • Article   195 Objectives 11
  • Article   196 Nature and Scope of the Obligations 11
  • Article   197 General Principles 11
  • Article   198 National Treatment 11
  • Article   199 Most Favoured Nation Treatment 11
  • Article   200 Exhaustion 11
  • Chapter   2 Protection of Biodiversity and Traditional Knowledge 11
  • Article   201 11
  • Chapter   3 Provisions Concerning Intellectual Property Rights 11
  • Section   1 Trademarks 11
  • Article   202 International Agreements 11
  • Article   203 Registration Requirements 11
  • Article   204 Registration Procedure 11
  • Article   205 Well-known Trademarks 11
  • Article   206 Exceptions to the Rights Conferred by a Trademark 11
  • Section   2 Geographical Indications 11
  • Article   207 Scope of Application of this Section 11
  • Article   208 Established Geographical Indications 11
  • Article   209 Addition of New Geographical Indications 11
  • Article   210 Scope of Protection of Geographical Indications 11
  • Article   211 Relationship with Trademarks 11
  • Article   212 General Rules 11
  • Article   213 Cooperation and Transparency 11
  • Article   214 11
  • Section   3 Copyright and Related Rights 11
  • Article   215 Protection Granted 11
  • Article   216 Moral Rights 11
  • Article   217 Collective Management Societies 12
  • Article   218 Duration of Rights of Authors 12
  • Article   219 Duration of Related Rights 12
  • Article   220 Broadcasting and Communication to the Public 12
  • Article   221 Protection of Technological Measures 12
  • Article   222 Protection of Rights Management Information 12
  • Article   223 Resale Right of Artists In Works of Arts 12
  • Section   4 Designs 12
  • Article   224 International Agreements 12
  • Article   225 Requirements for Protection of Designs  (76) 12
  • Article   226 Rights Conferred by Registration 12
  • Article   227 Term of Protection 12
  • Article   228 Exceptions 12
  • Article   229 Relationship to Copyright 12
  • Section   5 Patents 12
  • Article   230 12
  • Section   6 Protection of Data of Certain Regulated Products 12
  • Article   231 12
  • Section   7 Plant Varieties 12
  • Article   232 12
  • Section   8 Unfair Competition 12
  • Article   233 12
  • Chapter   4 Enforcement of Intellectual Property Rights 12
  • Section   1 General Provisions 12
  • Article   234 12
  • Section   2 Civil and Administrative Remedies and Procedures 12
  • Article   235 12
  • Article   236 Entitled Applicants 12
  • Article   237 Evidence 12
  • Article   238 Measures for Preserving Evidence 12
  • Article   239 Right of Information 12
  • Article   240 Provisional and Precautionary Measures 12
  • Article   241 Corrective Measures 12
  • Article   242 Injunctions 12
  • Article   243 Alternative Measures 12
  • Article   244 Damages 12
  • Article   245 Legal Costs 12
  • Article   246 Publication of Judicial Decisions 12
  • Article   247 Presumption of Authorship or Ownership 12
  • Article   248 Administrative Procedures 12
  • Article   249 Border Measures 12
  • Section   3 Liability of Intermediary Service Providers 12
  • Article   250 Use of Services of Intermediaries 13
  • Article   251 Liability of Intermediary Service Providers: "mere Conduit" 13
  • Article   252 Liability of Intermediary Service Providers: "caching" 13
  • Article   253 Liability of Intermediary Service Providers: "hosting" 13
  • Article   254 No General Obligation to Monitor 13
  • Chapter   5 Transfer of Technology 13
  • Article   255 13
  • Chapter   6 Cooperation 13
  • Article   256 13
  • Article   257 Sub-committee on Intellectual Property 13
  • Title   VIII Competition 13
  • Article   258 Definitions 13
  • Article   259 Objectives and Principles 13
  • Article   260 Competition Laws, Authorities and Policies 13
  • Article   261 Cooperation and Exchange of Information 13
  • Article   262 Notification 13
  • Article   263 Designated Monopolies and State Enterprises 13
  • Article   264 Technical Assistance 13
  • Article   265 Consultations 13
  • Article   266 Dispute Settlement 13
  • Title   IX Trade and Sustainable Development 13
  • Article   267 Context and Objectives 13
  • Article   268 Right to Regulate and Levels of Protection 13
  • Article   269 Multilateral Labour Standards and Agreements 13
  • Article   270 Multilateral Environmental Standards and Agreements 13
  • Article   271 Trade Favouring Sustainable Development 13
  • Article   272 Biological Diversity 13
  • Article   273 Trade In Forest Products 13
  • Article   274 Trade In Fish Products 14
  • Article   275 Climate Change 14
  • Article   276 Migrant Workers 14
  • Article   277 Upholding Levels of Protection 14
  • Article   278 Scientific Information 14
  • Article   279 Review of Sustainability Impacts 14
  • Article   280 Institutional and Monitoring Mechanism 14
  • Article   281 Domestic Mechanisms 14
  • Article   282 Dialogue with Civil Society 14
  • Article   283 Governmental Consultations  (93) 14
  • Article   284 Group of Experts 14
  • Article   285 Report of the Group of Experts  (95) 14
  • Article   286 Cooperation on Trade and Sustainable Development 14
  • Title   X Transparency and Administrative Proceedings 14
  • Article   287 Cooperation to Promote Transparency 14
  • Article   288 Publication 14
  • Article   289 Confidential Information 14
  • Article   290 Exchange of Information 14
  • Article   291 Administrative Proceedings 14
  • Article   292 Review and Appeal 14
  • Article   293 Transparency on Subsidies 14
  • Article   294 Specific Rules 14
  • Title   XI General Exceptions 14
  • Article   295 Security Exception 14
  • Article   296 Taxation 14
  • Article   297 Balance of Payments 14
  • Title   XII Dispute Settlement 14
  • Chapter   1 Objectives, Scope of Application and Definitions 14
  • Article   298 Objective 14
  • Article   299 Scope of Application 14
  • Article   300 Definitions 15
  • Chapter   2 Consultations 15
  • Article   301 Consultations 15
  • Chapter   3 Dispute Settlement Procedures 15
  • Article   302 Initiation of Arbitration Proceedings 15
  • Article   303 Establishment of the Arbitration Panel 15
  • Article   304 List of Arbitrators 15
  • Article   305 Objection, Removal and Substitution 15
  • Article   306 Consolidation of Arbitration Proceedings 15
  • Article   307 Arbitration Panel Ruling 15
  • Article   308 Implementation of the Arbitration Ruling 15
  • Article   309 Review of Any Measure Adopted to Comply with the Arbitration Ruling 15
  • Article   310 Temporary Remedies In Case of Non-compliance 15
  • Article   311 Review of Any Measure Adopted after the Suspension of Benefits or Compensation for Non-compliance 15
  • Article   312 Request for Clarification of a Ruling 15
  • Article   313 Suspension and Termination of Arbitration Proceedings 15
  • Chapter   4 General Provisions 15
  • Article   314 Mutually Agreed Solution 15
  • Article   315 Rules of Procedure and Code of Conduct 15
  • Article   316 Information and Technical Advice 15
  • Article   317 Rules of Interpretation 15
  • Article   318 Arbitration Panel Decisions and Rulings 15
  • Article   319 Relation with Wto Rights and Choice of Forum 15
  • Article   320 Time Limits 15
  • Article   321 Modification of the Rules of Procedure and Code of Conduct 15
  • Article   322 Mediation Mechanism 15
  • Article   323 Good Offices, Conciliation and Mediation 15
  • Title   XIII Technical Assistance and Trade-capacity Building 15
  • Article   324 Objectives 15
  • Article   325 Scope and Means 15
  • Article   326 Trade Committee Functions Regarding Cooperation Under this Title 15
  • Title   XIV Final Provisions 15
  • Article   327 Annexes, Appendices, Declarations and Footnotes 15
  • Article   328 Accession of New Member States to the European Union 15
  • Article   329 Accession to this Agreement by other Member Countries of the Andean Community 15
  • Article   330 Entry Into Force 15
  • Article   331 Duration and Withdrawal 16
  • Article   332 Depositary 16
  • Article   333 Modifications to the Wto Agreement 16
  • Article   334 Amendments 16
  • Article   335 Reservations 16
  • Article   336 Rights and Obligations Under this Agreement 16
  • Article   337 Authentic Texts 16