Done at Brussels on the twenty-second day of May in the year two thousand.
For the European Community
For the People's Republic of Bangladesh
Attachments
ANNEX I. Joint declaration on article 4(5) of the agreement
Under the Agreement, the Parties agree that intellectual, industrial and commercial property comprises, in particular, copyright, including copyright in computer programs, and neighbouring rights, trademarks, service marks and geographical indications, including designation of origin, industrial designs and models, patents, configuration plans (topographies) of integrated circuits, sui generis protection of databases, protection of undisclosed information and protection against unfair competition.
ANNNEX II. International conventions on intellectual, industrial and commercial property protection referred to in article 4(5)
Article 4(5)
1. Article 4(5)(b) concerns the following multilateral conventions:
- Berne Convention for the Protection of Literary and Artistic Work as last revised at Paris (Paris Act 1971).
- Madrid Agreement Concerning the International Registration of Marks as last revised at Stockholm (Stockholm Act 1967).
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989).
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention 1961).
- Patent Cooperation Treaty (PCT Union) as modified in 1984.
- Trademark Law Treaty (1994).
2. Article 4(5)(c) concerns the following multilateral conventions:
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks as revised at Geneva (Geneva Act 1977).
- Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977).
- International Convention for the Protection of New Varieties of Plants (UPOV) as revised at Geneva (Geneva Act 1991).
- WIPO Copyright Treaty (Geneva 1996).
- WIPO Performances and Phonograms Treaty (Geneva 1996).
3. The Joint Commission may decide that Article 4(5)(b) and (c) shall apply to other multilateral conventions.
(a) For the purposes of the interpretation and practical application of this Agreement, the Parties agree that the cases of special urgency referred to in Article 16 of the Agreement mean cases of material breach of the Agreement by one of the two Parties. A material breach of the Agreement consists of:
- Repudiation of the Agreement not sanctioned by the general rules of international law,
- Violation of the essential elements of the Agreement set out in Article 1.
(b) The Parties agree that the appropriate measures referred to in Article 16 are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency pursuant to Article 16, the other Party may avail itself of the dispute settlement procedure.