(a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their works;
(b) any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof; and
(c) any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time indivi- dually chosen by them.
Article 282. Performers
Each Party shall provide for performers the exclusive right to:
(a) authorise or prohibit the fixation (1) of their performances;
(b) authorise or prohibit the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of fixations of their performances;
(c) make available to the public, by sale or otherwise, fixations of their performances;
(d) authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, of fixations of their performances;
(e) authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.
Article 283. Producers of Phonograms
Each Party shall provide for phonogram producers the exclusive right to:
(a) authorise or prohibit the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their phonograms;
(b) make available to the public, by sale or otherwise, their phonograms, including copies thereof; and
(c) authorise or prohibit the making available of their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.
Article 284. Broadcasting Organisations
Each Party shall provide for broadcasting organisations the exclusive right to authorise or prohibit:
(a) the fixation of their broadcasts;
(b) the reproduction of fixations of their broadcasts;
(c) the making available to the public, by wire or wireless means, of fixations of their broadcasts; and
(d) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broad- casts if such communication is made in places accessible to the public against payment of an entrance fee.
Article 285. Broadcasting and Communication to the Public
1. Each Party shall provide a right in order to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that that remuneration is shared between the relevant performers and phonogram producers.
2. Each Party may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of that remuneration between them.
Article 286. Term of Protection
1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his/her death, irrespective of the date when the work is lawfully made available to the public.
2. The term of protection of a musical composition with words shall expire 70 years after the death of the last of the following persons to survive, whether or not those persons are designated as co-authors: the author of the lyrics and the composer of the musical composition, provided that both contributions were specifically created for the respective musical composition with words.
3. The rights of performers shall expire no less than 50 years after the date of the performance. However;
(a) if a fixation of the performance, other than in a phonogram, is lawfully published or lawfully communicated to the public within that period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier;
(b) if a fixation of the performance in a phonogram is lawfully published or lawfully communicated to the public within that period, the rights shall expire 70 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
4. The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However;
(a) if a phonogram has been lawfully published within that period, the said rights shall expire no less than 70 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within that period, the said rights shall expire not less than 70 years from the date of the first lawful communication to the public;
(b) if 50 years after a phonogram is lawfully published or communicated to the public, the phonogram producer does not offer copies of the phonogram for sale in sufficient quantity, or does not make it available to the public, the performer may terminate the contract by which he/she has transferred or assigned his/her rights in the fixation of his/her performance to a phonogram producer.
5. The rights of broadcasting organisations shall expire no less than 50 years after the first transmission of a broadcast, whether that broadcast is transmitted by wire or wireless means, including by cable or satellite.
6. The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.
Article 287. Protection of Technological Measures
1. Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he/she is pursuing that objective.
2. Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components, or the provision of services which:
(a) are promoted, advertised or marketed for the purpose of circumvention of any effective technological measures;
(b) have only a limited commercially significant purpose or use other than to circumvent any effective technological measures; or
(c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.
3. For the purposes of this Agreement, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other protected subject matter, which are not authorised by the right holder of any copyright or related right as provided for by domestic law. Technological measures shall be deemed "effective" where the use of a work or other protected subject matter is controlled by the right holders through the application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.
Article 288. Protection of Rights Management Information
1. Each Party shall provide adequate legal protection against any person performing without authority any of the following acts:
(a) the removal or alteration of any electronic rights-management information;
(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority,
if that person knows, or has reasonable grounds to know, that by so doing he/she is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights as provided by domestic law.
2. For the purposes of this Chapter, the expression "rights-management information" means any information provided by right holders which identifies the work or other subject matter that is the object of protection under this Chapter, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information. Paragraph 1 shall apply when any of those items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter that is the object of protection under this Chapter.
Article 289. Exceptions and Limitations
1. In accordance with the conventions and international agreements to which they are parties, each Party may provide for limitations or exceptions to the rights set out in Articles 281 to 286 of this Agreement only in certain special cases which do not conflict with a normal exploitation of the protected subject matter and which do not unreasonably prejudice the legitimate interests of the right holders.
2. Each Party shall provide that temporary acts of reproduction referred to in Articles 282 to 285 of this Agreement, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:
(a) a transmission in a network between third parties by an intermediary; or
(b) a lawful use of a work or other protected subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 282 to 285 of this Agreement.
Article 290. Artists' Resale Right In Works of Art
1. Each Party shall provide, for the benefit of the author of an original work of art, a resale right, to be defined as an inalienable right which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author.
2. The right referred to in paragraph 1 shall apply to all acts of resale involving as sellers, buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art.
3. Each Party may provide that the right referred to in paragraph 1 shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed a certain minimum amount.
4. The royalty shall be payable by the seller. Each Party may provide that one of the natural or legal persons referred to in paragraph 2, other than the seller, shall alone be liable or shall share liability with the seller for payment of the royalty. 5. The protection provided may be claimed to the extent permitted by the Party where that protection is claimed. The procedure for collection and the amounts shall be matters for determination by domestic law. Article 291 Cooperation on collective management of rights The Parties shall endeavour to promote dialogue and cooperation between their respective collective management societies for the purpose of promoting the availability of works and other protected subject matter and the transfer of royalties for the use of such works or other protected subject matter.
Subsection 2. Trademarks
Article 292. International Agreements
The Parties shall:
(a) comply with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the WIPO Trademark Law Treaty and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and
(b) make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.
Article 293. Registration Procedure
1. Each Party shall provide for a system for the registration of trademarks in which each final negative decision taken by the relevant trademark administration shall be communicated to the applicant in writing and shall be duly reasoned.
2. Each Party shall provide for the possibility to oppose applications to register trademarks. Such opposition proceed- ings shall be adversarial.
3. The Parties shall provide a publicly available electronic database of applications and registrations of trademarks.
Article 294. Well-known Trademarks
For the purpose of giving effect to Article 6bis of the Paris Convention and Article 16(2) and (3) of the TRIPS Agreement on the protection of well-known trademarks, the Parties shall apply the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organisation (WIPO) at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO (September 1999).
Article 295. Exceptions to the Rights Conferred by a Trademark
Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive terms, the protection of geographical indications as provided for in Article 303 of this Agreement, or other limited exceptions that take account of the legitimate interests of the owner of the trademark and of third parties.
Subsection 3. Geographical Indications
Article 296. Scope
1. This Sub-Section applies to the recognition and protection of geographical indications which are originating in the territories of the Parties.
2. In order for a geographical indication of a Party to be protected by the other Party, it shall cover products within the scope of the legislation of that Party referred to in Article 297 of this Agreement.
3. "Geographical indication" means an indication as defined in Article 22(1) of the TRIPS Agreement, which also includes "designations of origin".
Article 297. Established Geographical Indications
1. Having examined the legislation of the Republic of Moldova on the protection of geographical indications listed in Part A of Annex XXX-A of this Agreement, the Union concludes that that legislation meets the elements laid down in Part C of Annex XXX-A to this Agreement.
2. Having examined the legislation of the Union on the protection of geographical indications listed in Part B of Annex XXX-A to this Agreement, the Republic of Moldova concludes that that legislation meets the elements laid down in Part C of Annex XXX-A to this Agreement.
3. The Government of the Republic of Moldova, after having completed an objection procedure in accordance with the criteria set out in Annex XXX-B to this Agreement, and after having examined the geographical indications for agricultural products and foodstuffs of the Union listed in Annex XXX-C to this Agreement and the geographical indications for wines, aromatised wines and spirit drinks of the Union listed in Annex XXX-D to this Agreement, which have been registered by the Union under the legislation referred to in paragraph 2 of this Article, shall protect those geographical indications according to the level of protection laid down in this Sub-Section.
4. The Union, after having completed an objection procedure in accordance with the criteria set out in Annex XXX-B to this Agreement and after having examined the geographical indications for agricultural products and foodstuffs of the Republic of Moldova listed in Annex XXX-C to this Agreement and the geographical indications for wines, aromatised wines and spirit drinks of the Republic of Moldova listed in Annex XXX-D to this Agreement, which have been registered by the Republic of Moldova under the legislation referred to in paragraph 1 of this Article, shall protect those geographical indications according to the level of protection laid down in this Sub-Section.
5. The decisions of the Joint Committee set up by Article 11 of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs concerning the amendment of Annexes III and IV to that Agreement, which are taken before the entry into force of this Agreement, shall be deemed to be decisions of the Geographical Indications Sub-Committee, and the geographical indications added to Annexes III and IV to that Agreement shall be deemed to be part of Annexes XXX-C and XXX-D to this Agreement. Accordingly, the Parties shall protect those geographical indications as established geographical indications under this Agreement.
Article 298. Addition of New Geographical Indications
1. The Parties agree on the possibility to add new geographical indications to be protected in Annexes XXX-C and XXX-D to this Agreement in accordance with the procedure set out in Article 306(3) of this Agreement after having completed the objection procedure and after having examined the geographical indications as referred to in Article 297(3) and 297(4) of this Agreement to the satisfaction of both Parties.
2. A Party shall not be required to protect as a geographical indication a name that conflicts with the name of a plant variety, including a wine grape variety, or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product.
Article 299. Scope of Protection of Geographical Indications
1. The geographical indications listed in Annexes XXX-C and XXX-D to this Agreement, as well as those added pursuant to Article 298 of this Agreement, shall be protected against:
(a) any direct or indirect commercial use of a protected name:
(i) for comparable products not compliant with the product specification of the protected name; or
(ii) in so far as such use exploits the reputation of a geographical indication;
(b) any misuse, imitation or evocation (1), even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;
(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; and
(d) any other practice liable to mislead the consumer as to the true origin of the product.
2. If geographical indications are wholly or partially homonymous, protection shall be granted to each indication provided that it has been used in good faith and with due regard for local and traditional usage and the actual risk of confusion. Without prejudice to Article 23 of the TRIPS Agreement, the Parties shall mutually decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the product in question is concerned.
3. 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 the other Party, the latter shall be consulted and given the opportunity to comment before the name is protected.
4. Nothing in this Sub-Section shall oblige a Party to protect a geographical indication of the other Party which is not or ceases to be protected in its country of origin. The Parties shall notify each other if a geographical indication ceases to be protected in its country of origin.
5. The provisions of this Sub-Section shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where that name is used in such a manner as to mislead consumers.
Article 300. Right of Use of Geographical Indications
1. A name protected under this Sub-Section may be used by any operator marketing, producing, processing or preparing agricultural products, foodstuffs, wines, aromatised wines or spirit drinks conforming to the corresponding product specification.
2. Once a geographical indication is protected under this Sub-Section, the use of such protected name shall not be subject to any registration of users or further charges.
Article 301. Enforcement of Protection
The Parties shall enforce the protection provided for in Articles 297 to 300 of this Agreement by appropriate adminis- trative actions or legal proceedings, as appropriate, including at the customs border (export and import), in order to prevent and stop any unlawful use of the protected geographical indications. They shall also enforce such protection at the request of an interested party.
Article 302. Implementation of Complementary Actions
Without prejudice to the Republic of Moldova's previous commitments to grant protection for the Union geographical indications derived from international agreements on the protection of geographical indications and the enforcement thereof, including the commitments undertaken in the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, and in accordance with Article 301 of this Agreement, the Republic of Moldova shall benefit from a transitional period of five years from 1 April 2013 to put in place all complementary actions necessary to stop any unlawful use of the protected geographical indications, in particular the measures at the customs border.
Article 303. Relationship with Trademarks
1. The Parties shall refuse to register or shall invalidate, ex officio or at the request of any interested party in accordance with the legislation of each Party, a trademark that corresponds to any of the situations referred to in Article 299(1) of this Agreement in relation to a protected geographical indication for like products, provided an application to register the trademark is submitted after the date of application for protection of the geographical indication in the territory concerned.
2. For geographical indications referred to in Article 297 of this Agreement, the date of application for protection shall be 1 April 2013.
3. For geographical indications referred to in Article 298 of this Agreement, the date of application for protection shall be the date of the transmission of a request to the other Party to protect a geographical indication.
4. For geographical indications referred to in Article 298 of this Agreement, the Parties shall have no 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.
5. Without prejudice to paragraph 4 of this Article, the Parties shall protect geographical indications also where a prior trademark exists. A prior trademark shall mean a trademark, the use of which corresponds to one of the situations referred to in Article 299(1) of this Agreement, which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of one of the Parties before the date on which the application for protection of the geographical indication is submitted by the other Party under this Sub-Section. Such trademark may continue to be used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the legislation on trademarks of the Parties.
Article 304. General Rules
1. This Sub-Section shall apply without prejudice to the rights and obligations of the Parties under the WTO Agreement.
2. Notwithstanding Article 302 of this Agreement, the import, export and marketing of any product referred to in Articles 297 and 298 of this Agreement shall be conducted in compliance with the laws and regulations applying in the territory of the importing Party.
3. Any matter arising from technical specifications of registered names shall be dealt with in the Geographical Indications Sub-Committee established pursuant to Article 306 of this Agreement.
4. Geographical indications protected under this Sub-Section may only be cancelled by the Party in which the product originates.
5. A product specification referred to in this Sub-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 305. Cooperation and Transparency
1. The Parties shall, either directly or through the Geographical Indications Sub-Committee established pursuant to Article 306 of this Agreement, maintain contact on all matters relating to the implementation and the functioning of this Sub-Section. 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 Article.
Article 306. Geographical Indications Sub-Committee
1. The Geographical Indications Sub-Committee is hereby established.
2. The Geographical Indications Sub-Committee shall consist of representatives of the Parties with the purpose of monitoring the development of this Sub-Section and of intensifying their cooperation and dialogue on geographical indications. It shall report to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement.
3. The Geographical Indications Sub-Committee adopts its decisions by consensus. It shall determine its own rules of procedure. It shall meet at least once a year and at the request of either of the Parties, alternatively in the EU and in the Republic of Moldova, at a time and place and in a manner (which may include videoconference) mutually determined by the Parties, but no later than 90 days after the request.
4. The Geographical Indications 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 Part A and Part B of Annex XXX-A to this Agreement as regards the references to the law applicable in the Parties;
(b) amending Annexes XXX-C and XXX-D to this Agreement as regards geographical indications;
(c) exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications;
(d) exchanging information on geographical indications for the purpose of considering their protection in accordance with this Sub-Section; and
(e) monitoring the latest developments regarding the enforcement of the protection of the geographical indications listed in Annexes XXX-C and XXX-D to this Agreement.
Subsection 4. Designs
Article 307. International Agreements
The Parties shall comply with the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999.
Article 308. Protection of Registered Designs
1. Each Party shall provide for the protection of independently created designs that are new and original (1). That protection shall be provided by registration, which shall confer an exclusive right upon the holders of a registered design in accordance with the provisions of this Article.
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 original:
(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the product; and
(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and originality.
3. The expression "normal use" in paragraph 2(a) shall mean use by the end user, excluding maintenance, servicing or repair work.
4. The holder of a registered design shall have the right to prevent third parties not having the owner's consent from, at a minimum, making, offering for sale, selling, importing, exporting, stocking or using a product bearing or embodying the protected design when such acts are undertaken for commercial purposes, unduly prejudice the normal exploitation of the design, or are not compatible with fair trade practices.
5. The duration of protection available shall amount to 25 years from the date of filing of the application for registration.
Article 309. Protection Conferred to Unregistered Designs
1. Each Party shall provide the legal means to prevent the use of unregistered designs, only if the contested use results from copying the unregistered appearance of the product. For the purposes of this Article, the term "use" includes the offering for sale, putting on the market, importing or exporting the product.
2. The duration of protection available for unregistered designs shall amount to at least three years from the date on which the design was made available to the public in one of the Parties.
Article 310. Exceptions and Exclusions
1. Each Party may provide limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.
2. Design protection shall not extend to designs dictated essentially by technical or functional considerations. In particular a design right shall not subsist in features of appearance of a product which are required to 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.