EU - Ukraine Association Agreement (2014)
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(g) Grappa,

(h) Anis Portugués,

(i) Armagnac,

(j) Marsala,

(k) Malaga,

(l) Tokaj.

4. For a transitional period of seven years from the entry into force of this Agreement, the protection, pursuant to this Agreement, of the following geographical indications of the EU Party shall not preclude these geographical indications from being used in order to designate and present certain comparable products originating in Ukraine:

(a) Parmigiano Reggiano,

(b) Roquefort,

(c) Feta

Article 209. General Rules

1. The importation, exportation and commercialisation of any product referred to in Articles 202 and 203 of this Agreement shall be conducted in compliance with the laws and regulations applying in the territory of the Party in which the products are placed on the market.

2. Any matter arising from product specifications of registered geographical indications shall be dealt with in the GI Sub-Committee established pursuant to Article 211 of this Agreement.

3. The registration of geographical indications protected under this Agreement may only be cancelled by the Party in which the product originates.

4. A product specification referred to in this Sub-section shall be that which is approved, including any amendments also approved, by the authorities of the Party in whose territory the product originates.

Article 210. Cooperation and Transparency

1. The Parties shall, either directly or through the GI Sub-Committee established pursuant to Article 211 of this Agreement, maintain contact on all matters related to the implementation and functioning of this Agreement. In particular, a Party may request from the other Party information relating to product specifications and their modification, and contact points for control provisions.

2. Each Party may make publicly available the product specifications or a summary thereof and contact points for control provisions corresponding to geographical indications of the other Party protected pursuant to this Agreement.

Article 211. Sub-Committee on Geographical Indications

1. The Sub-Committee on Geographical Indications (GI Sub- Committee) is hereby established. It shall report on its activities to the Association Committee in its configuration under Article 465(4) of this Agreement. The GI Sub-Committee shall consist of representatives of the EU and Ukraine with the purpose of monitoring the development of this Agreement and of intensifying their cooperation and dialogue on geographical indications.

2. The GI Sub-Committee shall adopt its decisions by consensus. It shall determine its own rules of procedure. It shall meet at the request of either of the Parties, alternatively in the European Union and in Ukraine, at a time and a place and in a manner (which may include by videoconference) mutually determined by the Parties, but no later than 90 days after the request.

3. The GI Sub-Committee shall also see to the proper functioning of this Sub-section and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:

(a) amending Annex XXII-A Part A to this Agreement, as regards the references to the law applicable in the Parties;

(b) amending Annex XXII-A Part B to this Agreement, as regards the elements for registration and control of geographical indications;

(c) amending Annex XXII-B to this Agreement, as regards the criteria to be included in the objection procedure;

(d) modifying Annexes XXII-C and XXII-D to this Agreement as regards geographical indications;

(e) exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications;

(f) exchanging information on geographical indications for the purpose of considering their protection in accordance with this Agreement.

Subsection 4. Designs

Article 212. Definition

For the purposes of this Agreement:

(a) "design" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;

(b) "product" means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs;

(c) "complex product" means a product which is composed of multiple components that can be replaced, permitting disassembly and reassembly of the product.

Article 213. Requirements for Protection

1. The EU Party and Ukraine shall provide for the protection of independently created designs that are new and have individual character.

2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

3. A design shall be considered to be new if no identical design has been made available to the public:

(a) in the case of an unregistered design, before the date on which the design for which protection is claimed has first been made available to the public;

(b) in the case of a registered design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

Designs shall be deemed to be identical if their features differ only in immaterial details.

4. A design shall be considered to have individual character if the overall impression it produces on an informed user differs from the overall impression produced on such a user by any other design which has been made available to the public:

(a) in the case of an unregistered design, before the date on which the design for which protection is claimed has first been made available to the public;

(b) in the case of a registered design, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.

5. This protection shall be provided by registration, and shall confer exclusive rights upon their holders in accordance with the provisions of this Article. Unregistered designs made available to the public shall confer the same exclusive rights, but only if the contested use results from copying the protected design.

6. <A design shall be deemed to have been made available to the public if it has been published following registration or otherwise, or exhibited, used in trade or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the territory in which protection is claimed, before the date of filing of the application for registration or, if priority is claimed, the date of priority. In the case of unregistered design protection, a design shall be deemed to have been made available to the public if it has been published, exhibited, used in trade or otherwise disclosed in such way that, in the normal course of business, these events could reasonably have become known to the circles specialised in the sector concerned, operating within the territory in which protection is claimed.

A design shall not, however, be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality.

7. Disclosure shall not be taken into consideration for the purpose of applying paragraphs 3 and 4 of this Article if a design for which protection is claimed under a registered design right has been made available to the public:

(a) by the designer, his/her successor in title, or a third person as a result of information provided or action taken by the designer, or his/her successor in title; and

(b) during the twelve-month period preceding the date of filing of the application or, if priority is claimed, the date of priority.

8. Paragraph 7 of this Article shall also apply if a design has been made available to the public as a consequence of an abuse in relation to the designer or his/her successor in title.

Article 214. Term of Protection

1. The duration of protection available in the EU Party and Ukraine following registration shall amount to at least five years. The right holder may have the term of protection renewed for one or more periods of five years each, up to a total term of 25 years from the date of filing.

2. The duration of protection available in the EU Party and Ukraine for unregistered designs shall amount to at least three years as from the date on which the design was made available to the public in the territory of one of the Parties.

Article 215. Invalidity or Refusal of Registration

1. The EU Party and Ukraine may only provide that a design is refused for registration or declared invalid after registration on substantive grounds in the following cases:

(a) if the design does not correspond to the definition under Article 212(a) of this Agreement;

(b) if it does not fulfil the requirements of Article 213 and Article 217 (paragraphs 3, 4 and 5) of this Agreement;

(c) if, by virtue of a court decision, the right holder is not entitled to the design;

(d) if the design is in conflict with a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, the date of priority of the design, and which is protected from a date prior to the said date by a registered design or an application for a design;

(e) if a distinctive sign is used in a subsequent design, and the law of the Party concerned governing that sign confers on the right holder of the sign the right to prohibit such use;

(f) if the design constitutes an unauthorised use of a work protected under the copyright law of the Party concerned;

(g) if the design constitutes an improper use of any of the items listed in Article 6 ter of the Paris Convention or of badges, emblems and escutcheons other than those covered by the said Article 6 ter and which are of particular public interest in the territory of a Party.

This paragraph is without prejudice to the right of the Parties to set formal requirements for design applications.

2. A Party may provide, as an altemative to invalidity, that a design, which may be invalidated for the reasons set out in paragraph 1 of this Article, may be limited in its use.

Article 216. Rights Conferred

The holder of a protected design shall at least have the exclusive right to use it and to prevent third parties not having his/her consent from using it, in particular to make, offer, put on the market, import, export or use a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

Article 217. Exceptions

1. The rights conferred by a design right upon registration shall not be exercised in respect of: (a) acts done privately and for non-commercial purposes;

(b) acts done for experimental purposes;

(c) acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.

2. In addition, the rights conferred by a design right upon registration shall not be exercised in respect of:

(a) the equipment on ships and aircraft registered in another country when these temporarily enter the territory of the Party concerned;

(b) the importation by the Party concerned of spare parts and acces- sories for the purpose of repairing such craft;

(c) the execution of repairs on such craft.

3. A design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.

4. A design right shall not subsist in features of appearance of a product which must necessarily be reproduced in their exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function.

5. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

Article 218. Relationship to Copyright

A design protected by a design right registered in a Party in accordance with this Sub-section shall also be eligible for protection under the law of copyright of that Party as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such protection is conferred, including the level of originality required, shall be determined by each Party.

Subsection 5. Patents

Article 219. Patents and Public Health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 (hereinafter referred to as the "Doha Declaration") by the Ministerial Conference of the WTO. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with the Doha Declaration.

2. The Parties shall contribute to the implementation of, and shall respect, the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Doha Declaration.

Article 220. Supplementary Protection Certificate

1. The Parties recognise that medicinal and plant protection products protected by a patent in their respective territory may be subject to an administrative authorisation procedure before being put on their market. They recognise that the period that elapses between the filing of the application for a patent and the first authorisation to place the product on their respective market, as defined for that purpose by the relevant legislation, may shorten the period of effective protection under the patent.

2. The Parties shall provide for a further period of protection for a medicinal or plant protection product which is protected by a patent and which has been subject to an administrative authorisation procedure, that period being equal to the period referred to in paragraph 1, reduced by a period of five years.

3. In the case of medicinal products for which paediatric studies have been carried out, and the results of those studies are reflected in the product information, the Parties shall provide for a further six-month extension of the period of protection referred to in paragraph 2 of this Article.

Article 221. Protection of Biotechnological Inventions

1. Parties shall protect biotechnological inventions under national patent law. They shall, if necessary, adjust their patent law to take account of the provisions of this Agreement. This Article shall be without prejudice to the obligations of the Parties pursuant to international agreements, and in particular the TRIPS Agreement and the Convention on Biological Diversity of 1992 (hereinafter referred to as the "CBD").

2. For the purposes of this Sub-section:

(a) "biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;

(b) "microbiological process" means any process involving or performed upon or resulting in microbiological material.

3. For the purposes of this Agreement: inventions which are new, which involve an inventive step and which are susceptible of industrial application shall be patentable even if they concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used.

Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature.

An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element. The industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application.

4. The following shall not be patentable:

(a) plant and animal varieties;

(b) essentially biological processes for the production of plants or animals;

(c) the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene.

Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety. Subparagraph (b) of this paragraph shall be without prejudice to the patentability of inventions which concern a microbiological or other technical process or a product obtained by means of such a process.

5. Inventions shall be considered unpatentable where their commercial exploitation would be contrary to public policy or public morality, however, exploitation shall not be thus deemed contrary merely because it is prohibited by law or regulation. The following, in particular, shall be considered unpatentable:

(a) processes for cloning human beings;

(b) processes for modifying the germ line genetic identity of human beings;

(c) uses of human embryos for industrial or commercial purposes;

(d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.

6. The protection conferred by a patent on a biological material possessing specific characteristics as a result of an invention shall extend to any biological material derived from that biological material through propagation or multiplication in an identical or divergent form and possessing those same characteristics.

7. The protection conferred by a patent on a process that enables a biological material possessing specific characteristics to be produced as a result of an invention shall extend to biological material directly obtained through that process and to any other biological material derived from the directly obtained biological material through propagation or multiplication in an identical or divergent form and possessing those same characteristics.

8. The protection conferred by a patent on a product containing or consisting of genetic information shall extend to all material, save as provided in paragraph 4(c) of this Article, in which the product is incorporated and in which the genetic information is contained and performs its function.

9. The protection referred to in paragraphs 7 and 8 of this Article shall not extend to biological material obtained from the propagation or multiplication of biological material placed on the market in the territory of the Parties by the holder of the patent or with his/her consent, where the multiplication or propagation necessarily results from the application for which the biological material was marketed, provided that the material obtained is not subsequently used for other propagation or multiplication.

10. By way of derogation from paragraphs 7 and 8 of this Article, the sale or any other form of commercialisation of plant propagating material to a farmer by the holder of the patent or with his/her consent for agricultural use implies authorisation for the farmer to use the product of his/her harvest for propagation or multiplication by him/her on his/her own farm. The extent and conditions of this derogation shall correspond to the conditions provided for in the Parties' national laws, regulations and practices concerning plant variety rights.

By way of derogation from paragraphs 7 and 8 of this Article, the sale or any other form of commercialisation of breeding stock or other animal reproductive material to a farmer by the holder of the patent or with his/her consent implies authorisation for the farmer to use the protected livestock for an agricultural purpose. This includes making the animal or other animal reproductive material available for the purposes of pursuing agricultural activity but not sale within the framework or for the purpose of a commercial reproduction activity. The extent and the conditions of the derogation provided for above shall be determined by national laws, regulations and practices.

11. The Parties shall provide for compulsory cross-licensing in the following cases:

(a) where a breeder cannot acquire or exploit a plant variety right without infringing a prior patent, he/she may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. The Parties shall provide that, where such a licence is granted, the holder of the patent will be entitled to a cross-licence on reasonable terms to use the protected variety;

(b) where the holder of a patent concerning a biotechnological invention cannot exploit it without infringing a prior plant variety right, he/she may apply for a compulsory licence for non-exclusive use of the plant variety protected by that right, subject to payment of an appropriate royalty. The Parties shall provide that, where such a licence is granted, the holder of the variety right will be entitled to a cross-licence on reasonable terms to use the protected invention.

12. Applicants for the licences referred to in paragraph 11 of this Article must demonstrate that:

(a) they have applied unsuccessfully to the holder of the patent or of the plant variety right to obtain a contractual licence;

(b) the plant variety or the invention constitutes significant technical progress of considerable economic interest compared with the invention claimed in the patent or the protected plant variety.

Article 222. Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market

1. The Parties shall implement a comprehensive system to guarantee the confidentiality, non-disclosure and non-reliance of data submitted for the purpose of obtaining an authorisation to put a medicinal product on the market.

2. For that purpose, when a Party requires the submission of test data or studies concerning the safety and efficacy of a medicinal product prior to granting approval for the marketing of such product, the Party shall not, for a period of at least five years from the date of the first approval in that Party, permit other applicants to market the same or a similar product, on the basis of the marketing approval granted to the applicant which had provided the test data or studies, unless the applicant which had provided the test data or studies has given consent. During such period, the test data or studies submitted for the first approval will not be used for the benefit of any subsequent applicant aiming to obtain a marketing approval for a medicinal product, except when the consent of the first applicant is given.

3. Ukraine shall undertake to align its legislation concerning data protection for medicinal products with that of the EU at a date to be decided by the Trade Committee.

Article 223. Data Protection on Plant Protection Products

1. The Parties shall determine safety and efficacy requirements before authorising the placing on the market of plant protection products.

2. The Parties shall recognise a temporary right to the owner of a test or study report submitted for the first time to achieve a marketing authorisation for a plant protection product. During such period, the test or study report will not be used for the benefit of any other person aiming to obtain a marketing authorisation for a plant protection product, except when the explicit consent of the first owner is given. This right will be hereinafter referred to as "data protection".

3. The Parties shall determine the conditions to be fulfilled by the test or study report.

4. The period of data protection should be at least 10 years starting from the date of the first authorisation in the Party concerned. The Parties may decide to provide an extension of the period of protection for low-risk plant protection products. In such a situation, the period can be extended to 13 years.

5. The Parties may decide that those periods shall be extended for each extension of authorisation for minor uses (1). In such a situation, the total period of data protection may in no case exceed 13 years or, for low-risk plant protection products, 15 years.

6. A test or study shall also be protected if it was necessary for the renewal or review of an authorisation. In those cases, the period for data protection shall be 30 months.

7. Rules to avoid duplicative testing on vertebrate animals will be laid down by the Parties. Any applicant intending to perform tests and studies involving vertebrate animals shall take the necessary measures to verify that those tests and studies have not already been performed or initiated.

8. A new applicant and the holder or holders of the relevant authorisations shall make every effort to ensure that they share tests and studies involving vertebrate animals. The costs of sharing the test and study reports shall be determined in a fair, transparent and non-discriminatory way. A new applicant is only required to share in the costs of information he/she is required to submit to meet the authorisation requirements.

9. Where the new applicant and the holder or holders of the relevant authorisations of plant protection products cannot reach agreement on the sharing of test and study reports involving vertebrate animals, the new applicant shall inform the Party.

10. Failure to reach agreement shall not prevent the Party concerned from using the test and study reports involving vertebrate animals for the purpose of the application of the new applicant.

11. The holder or holders of the relevant authorisation shall have a claim on the new applicant for a fair share of the costs incurred by him/her. The Party concerned may direct the parties involved to resolve the matter by formal and binding arbitration administered under national law.

(1) Minor use: use of a plant protection product in a particular Party on plants or plant products which are not widely grown in that particular Party or widely grown to meet an exceptional plant protection need.

Subsection 6. Topographies of Semiconductor Products

Article 224. Definition

For the purposes of this Sub-section:

(a) "semiconductor product" shall mean the final or an intermediate form of any product:

consisting of a body of material which includes a layer of semi-conducting material; and having one or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined three-dimensional pattern; and intended to perform, exclusively or together with other functions, an electronic function;

(b) the "topography" of a semiconductor product shall mean a series of related images, however fixed or encoded;

representing the three-dimensional pattern of the layers of which a semiconductor product is composed; and in which series, each image has the pattern or part of the pattern of a surface of the semiconductor product at any stage of its manufacture;

(c) "commercial exploitation" means the sale, rental, leasing or any other method of commercial distribution, or an offer for these purposes. However, for the purposes of Article 227 of this Agreement, commercial exploitation shall not include exploitation under conditions of confidentiality to the extent that no further distribution to third parties occurs.

Article 225. Requirements for Protection

1. The Parties shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the provisions of this Article.

2. The Parties shall provide for the protection of the topography of a semiconductor in so far as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, fulfils the abovementioned conditions.

Article 226. Exclusive Rights

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Article   3 1
  • Title   II POLITICAL DIALOGUE AND REFORM, POLITICAL ASSOCIATION, COOPERATION AND CONVERGENCE IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   4 Aims of Political Dialogue 1
  • Article   5 Fora for the Conduct of Political Dialogue 1
  • Article   6 Dialogue and Cooperation on Domestic Reform 1
  • Article   7 Foreign and Security Policy 1
  • Article   8 International Criminal Court 1
  • Article   9 Regional Stability 1
  • Article   10 Conflict Prevention, Crisis Management and Military-technological Cooperation 1
  • Article   11 Non-proliferation of Weapons of Mass Destruction 1
  • Article   12 Disarmament, Arms Controls, Arms Export Control and the Fight Against Illicit Trafficking of Arms 1
  • Article   13 Combating Terrorism 1
  • Title   III JUSTICE, FREEDOM AND SECURITY 1
  • Article   14 The Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   15 Protection of Personal Data 1
  • Article   16 Cooperation on Migration, Asylum and Border Management 1
  • Article   17 Treatment of Workers 2
  • Article   18 Mobility of Workers 2
  • Article   19 Movement of Persons 2
  • Article   20 Money Laundering and Terrorism Financing 2
  • Article   21 Cooperation In the Fight Against Illicit Drugs, and on Precursors and Psychotropic Substances 2
  • Article   22 Fight Against Crime and Corruption 2
  • Article   23 Cooperation In Fighting Terrorism 2
  • Article   24 Legal Cooperation 2
  • Title   IV TRADE AND TRADE-RELATED MATTERS 2
  • Chapter   1 National Treatment and Market Access for Goods 2
  • Section   1 Common Provisions 2
  • Article   25 Objective 2
  • Article   26 Scope and Coverage 2
  • Section   2 Elimination of Customs Duties, Fees and other Charges 2
  • Article   27 Definition of Customs Duties 2
  • Article   28 Classification of Goods 2
  • Article   29 Elimination of Customs Duties on Imports 2
  • Article   30 Standstill Neither Party May Increase Any Existing Customs Duty, or Adopt Any New 2
  • Article   31 Customs Duties on Exports 2
  • Article   32 Export Subsidies and Measures of Equivalent Effect 2
  • Article   33 Fees and other Charges 2
  • Section   3 Non-Tariff Measures 2
  • Article   34 National Treatment 2
  • Article   35 Import and Export Restrictions 2
  • Section   4 Specific Provisions Related to Goods 2
  • Article   36 General Exceptions 2
  • Section   5 Administrative Cooperation and Coordination with other Countries 2
  • Article   37 Special Provisions on Administrative Cooperation 2
  • Article   38 Management of Administrative Errors 2
  • Article   39 Agreements with other Countries 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Global Safeguard Measures 2
  • Article   40 General Provisions 2
  • Article   41 Transparency 2
  • Article   42 Application of Measures 2
  • Article   43 Developing Country 2
  • Section   2 Safeguard Measures on Passenger Cars 2
  • Article   44 Safeguard Measures on Passenger Cars 2
  • Article   45 Definitions 2
  • Section   3 Non-cumulation 3
  • Article   45bis Non-cumulation 3
  • Section   4 Anti-dumping and Countervailing Measures 3
  • Article   46 General Provisions 3
  • Article   47 Transparency 3
  • Article   48 Consideration of Public Interest 3
  • Article   49 Lesser Duty Rule 3
  • Article   50 Application of Measures and Reviews 3
  • Section   5 Consultations 3
  • Article   50bis Consultations 3
  • Section   6 Institutional Provisions 3
  • Article   51 Dialogue on Trade Remedies 3
  • Section   7 Dispute Settlement 3
  • Article   52 Dispute Settlement 3
  • Chapter   3 Technical Barriers to Trade 3
  • Article   53 Scope and Definitions 3
  • Article   54 Affirmation of the TBT Agreement 3
  • Article   55 Technical Cooperation 3
  • Article   56 Approximation of Technical Regulations, Standards, and Conformity Assessment 3
  • Article   57 Agreement on Conformity Assessment and Acceptance of Industrial Products 3
  • Article   58 Marking and Labelling 3
  • Chapter   4 Sanitary and Phytosanitary Measures 3
  • Article   59 Objective 3
  • Article   60 Multilateral Obligations 3
  • Article   61 Scope 3
  • Article   62 Definitions 3
  • Article   63 Competent Authorities 4
  • Article   64 Regulatory Approximation 4
  • Article   65 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 4
  • Article   66 Determination of Equivalence 4
  • Article   67 Transparency and Exchange of Information 4
  • Article   68 Notification, Consultation and Facilitation of Communication 4
  • Article   69 Trade Conditions 4
  • Article   70 Certification Procedure 4
  • Article   71 Verification 4
  • Article   72 Import Checks and Inspection Fees 4
  • Article   73 Safeguard Measures 4
  • Article   74 Sanitary and Phytosanitary Management (SPS) Sub-Committee 4
  • Chapter   5 Customs and Trade Facilitation 4
  • Article   75 Objectives 4
  • Article   76 Legislation and Procedures 4
  • Article   77 Relations with the Business Community 5
  • Article   78 Fees and Charges 5
  • Article   79 Customs Valuation 5
  • Article   80 Customs Cooperation 5
  • Article   81 Mutual Administrative Assistance In Customs Matters 5
  • Article   82 Technical Assistance and Capacity-building 5
  • Article   83 Customs Sub-Committee 5
  • Article   84 Approximation of Customs Legislation 5
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 5
  • Section   1 General Provisions 5
  • Article   85 Objective, Scope and Coverage 5
  • Article   86 Definitions 5
  • Section   2 Establishment 5
  • Article   87 Scope 5
  • Article   88 National Treatment and Most Favourable Nation Treatment 5
  • Article   89 Review 5
  • Article   90 Other Agreements 5
  • Article   91 Standard of Treatment for Branches and Representative Offices 5
  • Section   3 Cross-Border Supply of Services 5
  • Article   92 Scope 5
  • Article   93 Market Access 6
  • Article   94 National Treatment 6
  • Article   95 Lists of Commitments 6
  • Article   96 Review 6
  • Section   4 Temporary Presence of Natural Persons for Business Purposes 6
  • Article   97 Scope 6
  • Article   98 Key Personnel 6
  • Article   99 Graduate Trainees 6
  • Article   100 Business Services Sellers 6
  • Article   101 Contractual Services Suppliers 6
  • Article   102 Independent Professionals 6
  • Section   5 Regulatory Framework 6
  • Subsection   1 Domestic Regulation 6
  • Article   103 Scope and Definitions 6
  • Article   104 Conditions for Licensing 6
  • Article   105 Licensing Procedures 6
  • Subsection   2 Provisions of General Application 6
  • Article   106 Mutual Recognition 6
  • Article   107 Transparency and Disclosure of Confidential Information 6
  • Subsection   3 Computer Services 6
  • Article   108 Understanding on Computer Services 6
  • Subsection   4 Postal and Courier Services 6
  • Article   109 Scope and Definitions 6
  • Article   110 Prevention of Anti-competitive Practices In the Postal and Courier Sector 6
  • Article   111 Universal Service 6
  • Article   112 Licences 7
  • Article   113 Independence of the Regulatory Body 7
  • Article   114 Regulatory Approximation 7
  • Subsection   5 Electronic Communications 7
  • Article   115 Scope and Definitions 7
  • Article   116 Regulatory Authority 7
  • Article   117 Authorisation to Provide Electronic Communication Services 7
  • Article   118 Access and Interconnection 7
  • Article   119 Scarce Resources 7
  • Article   120 Universal Service 7
  • Article   121 Cross-border Provision of Electronic Communication Services 7
  • Article   122 Confidentiality of Information 7
  • Article   123 Disputes between Service Suppliers 7
  • Article   124 Regulatory Approximation 7
  • Subsection   6 Financial Services 7
  • Article   125 Scope and Definitions 7
  • Article   126 Prudential Carve-out 7
  • Article   127 Effective and Transparent Regulation 7
  • Article   128 New Financial Services 7
  • Article   129 Data Processing 7
  • Article   130 Specific Exceptions 7
  • Article   131 Self-regulatory Organisations 7
  • Article   132 Clearing and Payment Systems 7
  • Article   133 Regulatory Approximation 7
  • Subsection   7 Transport Services 8
  • Article   134 Scope 8
  • Article   135 International Maritime Transport 8
  • Article   136 Road, Rail and Inland Waterways Transport 8
  • Article   137 Air Transport 8
  • Article   138 Regulatory Approximation 8
  • Section   6 Electronic Commerce 8
  • Article   139 Objective and Principles 8
  • Article   140 Regulatory Aspects of Electronic Commerce 8
  • Section   7 Exceptions 8
  • Article   141 General Exceptions 8
  • Article   142 Taxation Measures 8
  • Article   143 Security Exceptions 8
  • Chapter   7 Current Payments and Movement of Capital 8
  • Article   144 Current Payments 8
  • Article   145 Capital Movements 8
  • Article   146 Safeguard Measures 8
  • Article   147 Facilitation and Further Liberalization Provisions 8
  • Chapter   8 Public Procurement 8
  • Article   148 Objectives 8
  • Article   149 Scope 8
  • Article   150 Institutional Background 8
  • Article   151 Basic Standards Regulating the Award of Contracts 8
  • Article   152 Planning of Legislative Approximation 9
  • Article   153 Legislative Approximation 9
  • Article   154 Market Access 9
  • Article   155 Information 9
  • Article   156 Cooperation 9
  • Chapter   9 Intellectual Property 9
  • Section   1 General Provisions 9
  • Article   157 Objectives 9
  • Article   158 Nature and Scope of Obligations 9
  • Article   159 Transfer of Technology 9
  • Article   160 Exhaustion 9
  • Section   2 Standards Concerning Intellectual Property Rights 9
  • Subsection   1 Copyright and Related Rights 9
  • Article   161 Protection Granted 9
  • Article   162 Duration of Authors' Rights 9
  • Article   163 Duration of Protection of Cinematographic or Audiovisual Works 9
  • Article   164 Duration of Related Rights 9
  • Article   165 Protection of Previously Unpublished Works 9
  • Article   166 Critical and Scientific Publications 9
  • Article   167 Protection of Photographs 9
  • Article   168 Cooperation on Collective Management of Rights 9
  • Article   169 Fixation Right 9
  • Article   170 Broadcasting and Communication to the Public 9
  • Article   171 Distribution Right 9
  • Article   172 Limitations 9
  • Article   173 Reproduction Right 9
  • Article   174 Right of Communication to the Public of Works and Right of Making Available to the Public other Subject-matter 9
  • Article   175 Exceptions and Limitations 9
  • Article   176 Protection of Technological Measures 9
  • Article   177 Protection of Rights Management Information 9
  • Article   178 Right Holders and Subject Matter of Rental and Lending Right 9
  • Article   179 Unwaivable Right to Equitable Remuneration 9
  • Article   180 Protection of Computer Programmes 9
  • Article   181 Authorship of Computer Programmes 10
  • Article   182 Restricted Acts Relating to Computer Programmes 10
  • Article   183 Exceptions to the Restricted Acts Relating to Computer Programs 10
  • Article   184 Decompilation 10
  • Article   185 Protection of Databases 10
  • Article   186 Object of Protection 10
  • Article   187 Database Authorship 10
  • Article   188 Restricted Acts Relating to Databases 10
  • Article   189 Exceptions to Restricted Acts Relating to Databases 10
  • Article   190 Resale Right 10
  • Article   191 Broadcasting of Programmes by Satellite 10
  • Article   192 Cable Retransmission 10
  • Subsection   2 Trade-Marks 10
  • Article   193 Registration Procedure 10
  • Article   194 Well-known Trade-marks 10
  • Article   195 Rights Conferred by a Trade-mark 10
  • Article   196 Exceptions to the Rights Conferred by a Trade-mark 10
  • Article   197 Use of Trade-marks 10
  • Article   198 Grounds for Revocation 10
  • Article   199 Partial Refusal, Revocation or Invalidity 10
  • Article   200 Term of Protection 10
  • Subsection   3 Geographical Indications 10
  • Article   201 Scope of the Sub-section 10
  • Article   202 Established Geographical Indications 10
  • Article   203 Addition of New Geographical Indications 10
  • Article   204 Scope of Protection of Geographical Indications 10
  • Article   205 Right of Use of Geographical Indications 10
  • Article   206 Relationship with Trade-marks 10
  • Article   207 Enforcement of Protection 10
  • Article   208 Temporary Measures 10
  • Article   209 General Rules 11
  • Article   210 Cooperation and Transparency 11
  • Article   211 Sub-Committee on Geographical Indications 11
  • Subsection   4 Designs 11
  • Article   212 Definition 11
  • Article   213 Requirements for Protection 11
  • Article   214 Term of Protection 11
  • Article   215 Invalidity or Refusal of Registration 11
  • Article   216 Rights Conferred 11
  • Article   217 Exceptions 11
  • Article   218 Relationship to Copyright 11
  • Subsection   5 Patents 11
  • Article   219 Patents and Public Health 11
  • Article   220 Supplementary Protection Certificate 11
  • Article   221 Protection of Biotechnological Inventions 11
  • Article   222 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 11
  • Article   223 Data Protection on Plant Protection Products 11
  • Subsection   6 Topographies of Semiconductor Products 11
  • Article   224 Definition 11
  • Article   225 Requirements for Protection 11
  • Article   226 Exclusive Rights 12
  • Article   227 Term of Protection 12
  • Subsection   7 Other Provisions 12
  • Article   228 Plant Varieties 12
  • Article   229 Genetic Resources, Traditional Knowledge and Folklore 12
  • Section   3 Enforcement of Intellectual Property Rights 12
  • Article   230 General Obligations 12
  • Article   231 Entitled Applicants 12
  • Subsection   1 Civil Measures, Procedures and Remedies 12
  • Article   232 Presumption of Authorship or Ownership 12
  • Article   233 Evidence 12
  • Article   234 Measures for Preserving Evidence 12
  • Article   235 Right to Information 12
  • Article   236 Provisional and Precautionary Measures 12
  • Article   237 Corrective Measures 12
  • Article   238 Injunctions 12
  • Article   239 Alternative Measures 12
  • Article   240 Damages 12
  • Article   241 Legal Costs 12
  • Article   242 Publication of Judicial Decisions 12
  • Article   243 Administrative Procedures 12
  • Subsection   2 Liability of Intermediary Service Providers 12
  • Article   244 Use of Intermediaries' Services 12
  • Article   245 Liability of Intermediary Service Providers: "Mere Conduit" 12
  • Article   246 Liability of Intermediary Service Providers: "Caching" 12
  • Article   247 Liability of Intermediary Service Providers: "Hosting" 12
  • Article   248 No General Obligation to Monitor 12
  • Article   249 Transitional Period 12
  • Subsection   3 Other Provisions 12
  • Article   250 Border Measures 12
  • Article   251 Codes of Conduct and Forensic Cooperation 12
  • Article   252 Cooperation 12
  • Chapter   16 Competition 12
  • Section   1 Antitrust and Mergers 12
  • Article   253 Definitions 12
  • Article   254 Principles 13
  • Article   255 Implementation 13
  • Article   256 Approximation of Law and Enforcement Practice 13
  • Article   257 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights 13
  • Article   258 State Monopolies 13
  • Article   259 Exchange of Information and Enforcement Cooperation 13
  • Article   260 Consultations 13
  • Article   261 13
  • Section   2 State Aid 13
  • Article   262 General Principles 13
  • Article   263 Transparency 13
  • Article   264 Interpretation 13
  • Article   265 Relationship with WTO 13
  • Article   266 Scope 13
  • Article   267 Domestic System of State Aid Control 13
  • Chapter   1 Trade-Related Energy 13
  • Article   268 Definitions 13
  • Article   269 Domestic Regulated Prices 13
  • Article   270 Prohibition of Dual Pricing 13
  • Article   271 Customs Duties and Quantitative Restrictions 13
  • Article   272 Transit 13
  • Article   273 Transport 13
  • Article   274 Cooperation on Infrastructure 13
  • Article   275 Unauthorised Taking of Energy Goods 13
  • Article   276 Interruption 13
  • Article   277 Regulatory Authority for Electricity and Gas 13
  • Article   278 Relationship with the Energy Community Treaty 13
  • Article   279 Access to and Exercise of the Activities of Prospecting, Exploring for and Producing Hydrocarbons 13
  • Article   280 Licensing and Licensing Conditions 13
  • Chapter   12 Transparency 13
  • Article   281 Definitions 13
  • Article   282 Objective and Scope 13
  • Article   283 Publication 14
  • Article   284 Enquiries and Contact Points 14
  • Article   285 Administrative Proceedings 14
  • Article   286 Review and Appeal 14
  • Article   287 Regulatory Quality and Performance and Good Administrative Behaviour 14
  • Article   288 Non-discrimination 14
  • Chapter   13 Trade and Sustainable Development 14
  • Article   289 Context and Objectives 14
  • Article   290 Right to Regulate 14
  • Article   291 Multilateral Labour Standards and Agreements 14
  • Article   292 Multilateral Environmental Agreements 14
  • Article   293 Trade Favouring Sustainable Development 14
  • Article   294 Trade In Forest Products 14
  • Article   295 Trade In Fish Products 14
  • Article   296 Upholding Levels of Protection 14
  • Article   297 Scientific Information 14
  • Article   298 Review of Sustainability Impacts 14
  • Article   299 Civil Society Institutions 14
  • Article   300 Institutional and Monitoring Mechanisms 14
  • Article   301 Group of Experts 14
  • Article   302 Cooperation on Trade and Sustainable Development 14
  • Chapter   14 Dispute Settlement  (1) 14
  • Article   303 Objective 14
  • Article   304 Scope 14
  • Article   305 Consultations 14
  • Section   1 Arbitration Procedure 14
  • Article   306 Initiation of the Arbitration Procedure 14
  • Article   307 Composition of the Arbitration Panel 14
  • Article   308 Interim Panel Report 14
  • Article   309 Conciliation for Urgent Energy Disputes 14
  • Article   310 Arbitration Panel Ruling 14
  • Section   2 Compliance 14
  • Article   311 Compliance with the Arbitration Panel Ruling 14
  • Article   312 Reasonable Period of Time for Compliance 14
  • Article   313 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 14
  • Article   314 Remedies for Urgent Energy Disputes 15
  • Article   315 Temporary Remedies In Case of Non-compliance 15
  • Article   316 Review of Any Measure Taken to Comply after the Suspension of Obligations 15
  • Section   3 Common Provisions 15
  • Article   317 Mutually Agreed Solution 15
  • Article   318 Rules of Procedure 15
  • Article   319 Information and Technical Advice 15
  • Article   320 Rules of Interpretation 15
  • Article   321 Arbitration Panel Decisions and Rulings 15
  • Article   322 Dispute Settlement Relating to Regulatory Approximation 15
  • Section   4 General Provisions 15
  • Article   323 Arbitrators 15
  • Article   324 Relation with WTO Obligations 15
  • Article   325 Time Limits 15
  • Article   326 Modification of the Chapter 15
  • Chapter   15 Mediation Mechanism 15
  • Article   327 Objective and Scope 15
  • Section   1 Procedure Under the Mediation Mechanism 15
  • Article   328 Request for Information 15
  • Article   329 Initiation of the Procedure 15
  • Article   330 Selection of the Mediator 15
  • Article   331 Rules of the Mediation Procedure 15
  • Section   2 Implementation 15
  • Article   332 Implementation of a Mutually Agreed Solution 15
  • Section   3 General Provisions 15
  • Article   333 Relationship to Dispute Settlement 15
  • Article   334 Time Limits 15
  • Article   335 Costs 15
  • Article   336 Review 15
  • Title   V TITLE V ECONOMIC AND SECTOR COOPERATION 15
  • Chapter   1 Energy Cooperation, Including Nuclear Issues 15
  • Article   337 15
  • Article   338 15
  • Article   339 15
  • Article   340 15
  • Article   341 15
  • Article   342 15
  • Chapter   2 Macro-Economic Cooperation 15
  • Article   343 15
  • Article   344 15
  • Article   345 16
  • Chapter   3 Management of Public Finances: Budget Policy, Internal Control and External Audit. 16
  • Article   346 16
  • Article   347 16
  • Article   348 16
  • Chapter   4 Taxation 16
  • Article   349 16
  • Article   350 16
  • Article   351 16
  • Article   352 16
  • Article   353 16
  • Article   354 16
  • Chapter   5 Statistics 16
  • Article   355 16
  • Article   356 16
  • Article   357 16
  • Article   358 16
  • Article   359 16
  • Chapter   6 Environment 16
  • Article   360 16
  • Article   361 16
  • Article   362 16
  • Article   363 16
  • Article   364 16
  • Article   365 16
  • Article   366 16
  • Chapter   7 Transport 16
  • Article   367 16
  • Article   368 16
  • Article   369 16
  • Article   370 16
  • Chapter   8 Space 16
  • Article   371 16
  • Article   372 16
  • Article   373 16
  • Chapter   9 Cooperation In Science and Technology 16
  • Article   374 16
  • Article   375 16
  • Article   376 16
  • Article   377 17
  • Chapter   10 Industrial and Enterprise Policy 17
  • Article   378 17
  • Article   379 17
  • Article   380 17
  • Chapter   11 Mining and Metals 17
  • Article   381 17
  • Article   382 17
  • Chapter   12 Financial Services 17
  • Article   383 17
  • Article   384 17
  • Article   385 17
  • Article   386 17
  • Chapter   13 Company Law, Corporate Governance, Accounting and Auditing 17
  • Article   387 17
  • Article   388 17
  • Chapter   14 Information Society 17
  • Article   389 17
  • Article   390 17
  • Article   391 17
  • Article   392 17
  • Article   393 17
  • Article   394 17
  • Article   395 17
  • Chapter   15 Audio-Visual Policy 17
  • Article   396 17
  • Article   397 17
  • Article   398 17
  • Chapter   16 Tourism 17
  • Article   399 17
  • Article   400 17
  • Article   401 Cooperation Shall Focus on the Following Aspects: 17
  • Article   402 17
  • Chapter   17 Agriculture and Rural Development 17
  • Article   403 17
  • Article   404 17
  • Article   405 17
  • Article   406 17
  • Chapter   18 Fisheries and Maritime Policies 17
  • Section   1 Fisheries Policy 17
  • Article   407 17
  • Article   408 17
  • Article   409 17
  • Article   410 17
  • Section   2 Maritime Policy 17
  • Article   411 17
  • Article   412 18
  • Section   3 Regular Dialogue on Fisheries and Maritime Policies 18
  • Article   413 18
  • Chapter   19 Danube River 18
  • Article   414 18
  • Chapter   26 Consumer Protection 18
  • Article   415 18
  • Article   416 18
  • Article   417 18
  • Article   418 18
  • Chapter   21 Cooperation on Employment, Social Policy and Equal Opportunities 18
  • Article   419 18
  • Article   420 18
  • Article   421 18
  • Article   422 18
  • Article   423 18
  • Article   424 18
  • Article   425 18
  • Chapter   22 Public Health 18
  • Article   426 18
  • Article   427 18
  • Article   428 18
  • Article   429 18
  • Chapter   23 Education, Training, and Youth 18
  • Article   430 18
  • Article   431 18
  • Article   432 18
  • Article   433 18
  • Article   434 18
  • Article   435 18
  • Article   436 18
  • Chapter   24 Culture 18
  • Article   437 18
  • Article   438 18
  • Article   439 18
  • Article   440 18
  • Chapter   25 Cooperation In the Field of Sport and Physical Activity 18
  • Article   441 18
  • Article   442 18
  • Chapter   26 Civil Society Cooperation 18
  • Article   443 18
  • Article   444 18
  • Article   445 18
  • Chapter   27 Cross-Border and Regional Cooperation 18
  • Article   446 18
  • Article   447 18
  • Article   448 18
  • Article   449 18
  • Chapter   28 Participation In European Union Agencies and Programmes 18
  • Article   450 18
  • Article   451 18
  • Article   452 18
  • Title   VI FINANCIAL COOPERATION, WITH ANTI-FRAUD PROVISIONS 19
  • Article   453 19
  • Article   454 19
  • Article   455 19
  • Article   456 19
  • Article   457 19
  • Article   458 19
  • Article   459 19
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 19
  • Chapter   1 Institutional Framework 19
  • Article   460 19
  • Article   461 19
  • Article   462 19
  • Article   463 19
  • Article   464 19
  • Article   465 19
  • Article   466 19
  • Article   467 19
  • Article   468 19
  • Article   469 19
  • Article   470 19
  • Chapter   2 General and Final Provisions 19
  • Article   471 Access to Courts and Administrative Organs 19
  • Article   472 Measures Related to Essential Security Interests 19
  • Article   473 Non-discrimination 19
  • Article   474 Gradual Approximation 19
  • Article   475 Monitoring 19
  • Article   476 Fulfilment of Obligations 19
  • Article   477 Dispute Settlement 19
  • Article   478 Appropriate Measures In Case of Non-fulfilment of Obligations 19
  • Article   479 Relation to other Agreements 19
  • Article   480 Annexes and Protocols 19
  • Article   481 Duration 19
  • Article   482 Definition of the Parties 19
  • Article   483 Territorial Application 19
  • Article   484 Depository of the Agreement 19
  • Article   485 Authentic Texts 19
  • Article   486 Entry Into Force and Provisional Application 19
  • ANNEX XVI TO CHAPTER 6  LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS 20
  • ANNEX XVI-A TO CHAPTER 6  EU PARTY RESERVATIONS ON ESTABLISHMENT (Referred to in Article 88(2)) 20
  • ANNEX XVI-D TO CHAPTER 6  UKRAINE RESERVATIONS TO ESTABLISHMENT (Referred to in Article 88(1)) 21
  • ANNEX XXIV TO CHAPTER 14  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 21
  • ANNEX XXV TO CHAPTER 15  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 22