Moldova, Republic of - United Kingdom Strategic Partnership, Trade and Cooperation Agreement (2020)
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Article 279. 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, import or export of 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. (1)

(1) For the purpose of this Article, and for the avoidance of doubt, in the United Kingdom an "unregistered design" is one which is protected by Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, as last amended by Council Regulation (EC) No 1891/2006 of 18 December 2006 and converted into United Kingdom law.

Article 280. 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.

Article 281. Relationship to Copyright

A design shall also be eligible for protection under the copyright law of a 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 a protection is conferred, including the level of originality required, shall be determined by each Party.

Subsection 5. PATENTS

Article 282. International Agreements

The Parties shall adhere to the provisions of the WIPO Patent Cooperation Treaty and shall make all reasonable efforts to comply with the WIPO Patent Law Treaty.

Article 283. Patents and Public Health

1. The Parties recognise the importance of the Declaration of the Ministerial Conference of the WTO on the TRIPS Agreement and Public Health, adopted on 14 November 2001. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with that Declaration.

2. The Parties shall respect the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the declaration referred to in paragraph 1 of this Article and shall contribute to its implementation.

Article 284. Supplementary Protection Certificate

1. The Parties recognise that medicinal and plant protection products protected by a patent 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 domestic law, may shorten the period of effective protection under the patent.

2. Each Party 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 the second sentence of paragraph 1, reduced by a period of five years.

3. Notwithstanding paragraph 2, the duration of the further period of protection may not exceed five years.

4. In the case of medicinal products for which paediatric studies have been carried out, and provided that 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.

Article 285. Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market

1. Each Party 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. (1)

(1) For the purposes of this Article, "medicinal products" means: (i) any substance or combination of substances presented for treating or preventing disease in human beings; or (ii) any substance or combination of substances which may be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings. Medicinal products include, for example, chemical medicinal products, biological medicinal products (e.g. vaccines, (anti)toxins) including medicinal products derived from human blood or human plasma, advanced therapy medicinal products (e.g. gene therapy medicinal products and cell therapy medicinal products), herbal medicinal products, and radiopharmaceuticals.

2. Each Party shall ensure that any required information that is submitted to obtain an authorisation to put a medicinal product on the market remains undisclosed to third parties and benefits from protection against unfair commercial use.

To that end:

(a) during a period of at least five years, starting from the date of the grant of a marketing authorisation in the Party concerned, no person or entity, whether public or private, other than the person or entity who submitted such undisclosed data, shall be allowed to rely directly or indirectly on such data, without the explicit consent of the person or entity who submitted that data, in support of an application for the authorisation to put a medicinal product on the market;

(b) during a period of at least seven years, starting from the date of the grant ofa marketing authorisation in the Party concerned, a marketing authorisation for any subsequent application shall not be granted, unless the subsequent applicant submits his/her own data, or data used with authorisation of the holder of the first authorisation, meeting the same requirements as in the case of the first authorisation. Products registered without submission of such data shall be removed from the market until the requirements are met.

3. The seven-year period referred to in paragraph 2(b) shall be extended to a maximum of eight years if, during the first five years after obtaining the initial authorisation, the holder obtains an authorisation for one or more new therapeutic indications considered to be of significant clinical benefit in comparison with existing therapies.

4. The provisions of this Article shall not have retroactive effect. They shall not affect the marketing of medicinal products authorised before 1 September 2014 (1).

(1) This reflects the start date of the transitional period for the Parties to progressively establish a free trade area, as provided for in Article 120 of this Agreement.

Article 286. Data Protection on Plant Protection Products

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

2. Each Party shall assign a temporary data protection right to the owner of a test or study report submitted for the first time to obtain a marketing authorisation for a plant protection product.

During the period of validity of the data protection right, the test or study report shall 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 owner is provided.

3. The test or study report shall fulfil the following conditions:

(a) that it is necessary for the authorisation or for an amendment of an authorisation in order to allow the use on other crops; and

(b) that it is certified as compliant with the principles of good laboratory practice or of good experimental practice.

4. The period of data protection shall be at least 10 years from the first authorisation in the Party concerned. In case of low-risk plant protection products, the period may be extended to 13 years.

5. The periods referred to in paragraph 4 shall be extended by three months for each extension of authorisation for minor uses(') if the applications for such authorisations are made by the holder of the authorisation at the latest five years after the date of the first authorisation. The total period of data protection may in no case exceed 13 years. For low-risk plant protection products the total period of data protection may in no case exceed 15 years.

6. A test or study report 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.

Article 287. Plant Varieties

The Parties shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants including the optional exception to the breeder's right as referred to in Article 15(2) of the said Convention, and shall cooperate to promote and enforce those rights.

() For the purposes of this Article, the expression "minor use" means use of plant protection product in a Party on plants or plant products which are not widely grown in that Party or which are widely grown to meet an exceptional plant protection need.

Section 3. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Article 288. General Obligations

1. The Parties reaffirm their commitments under the TRIPS Agreement, in particular Part I thereof, and shall provide for the complementary measures, procedures and remedies set forth in this Section necessary to ensure the enforcement of intellectual property rights (1).

2. Those complementary measures, procedures and remedies shall be fair and equitable, and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

3. Those complementary measures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

(1) For the purposes of this Sub-Section, the notion of "intellectual property rights" includes at least the following rights: copyright; rights related to copyright; sui generis right of a database maker; rights of the creator of the topographies of a semi-conductor product; trade-mark rights; design rights; patent rights, including rights derived from supplementary protection certificates; geographical indications; utility model rights; plant variety rights; and trade names in so far as these are protected as exclusive rights by domestic law.

Article 289. Entitled Applicants

Each Party shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:

(a) the holders of intellectual property rights in accordance with the provisions of the applicable law;

(b) all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law;

(c) intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law; and

(d) professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

Subsection 1. CIVIL ENFORCEMENT

Article 290. Measures for Preserving Evidence

1. Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support his/her claims that his/her intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

2. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of those goods and the documents relating thereto. Those measures shall be taken, if necessary, without the other party being heard, in particular where any delay is likely to cause irreparable harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

Article 291. Right of Information

1. Each Party shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order that information on the origin and distribution networks of the goods or services which infringe an intellectual property right be provided by the infringer and/or any other person who:

(a) was found in possession of the infringing goods on a commercial scale;

(b) was found to be using the infringing services on a commercial scale;

(c) was found to be providing on a commercial scale services used in infringing activities; or

(d) was indicated by the person referred to in sub-paragraph(a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.

2. The information referred to in paragraph 1 shall, as appropriate, comprise:

(a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

(b) information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

3. Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which:

(a) grant the right holder rights to receive fuller information;

(b) govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

(c) govern responsibility for misuse of the right of information;

(d) afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his/her own participation or that of his/her close relatives in an infringement of an intellectual property right; or

(e) govern the protection of confidentiality of information sources or the processing of personal data.

Article 292. Provisional and Precautionary Measures

1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by domestic law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. An interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right.

2. An interlocutory injunction may also be issued to order the seizure or delivery of goods suspected of infringing an intellectual property right, so as to prevent their entry into or movement within the channels of commerce.

3. In the case of an alleged infringement committed on a commercial scale, the Parties shall ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his/her bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

Article 293. Corrective Measures

1. Each Party shall ensure that the competent judicial authorities may order, at the request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, at least the definitive removal from the channels of commerce, or the destruction, of goods that they have found to be infringing an intellectual property right. If appropriate, the competent judicial authorities may also order the destruction of materials and implements predominantly used in the creation or manufacture of those goods.

2. The Parties' judicial authorities shall have the power to order that those measures shall be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

Article 294. Injunctions

Each Party shall ensure that, where a judicial decision has been taken, finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer, as well as against an intermediary whose services are used by a third party to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.

Article 295. Alternative Measures

The Parties may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in Article 293 and/or Article 294 of this Agreement, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in those two Articles if that person acted unintentionally and without negligence, if execution of the measures in question would cause him/her disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Article 296. Damages

1. Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages appropriate to the actual prejudice suffered by him/her as a result of the infringement. When the judicial authorities set the amount of damages:

(a) they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or

(b) as an alternative to sub-paragraph(a), they may, in appropriate cases, set the amount of damages as a lump sum on the basis of elements such as, at least, the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

2. Where the infringer did not knowingly, or with reasonable grounds to know, engage in the infringing activity, the Parties may lay down that the judicial authorities may order in favour of the injured party the recovery of profits or the payment of damages which may be pre-established.

Article 297. Legal Costs

Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this.

Article 298. Publication of Judicial Decisions

Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.

Article 299. Presumption of Authorship or Ownership

For the purposes of applying the measures, procedures and remedies provided for in this Section:

(a) for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his/her name to appear on the work in the usual manner;

(b) sub-paragraph (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

Subsection 2. OTHER PROVISIONS

Article 300. Border Measures

1. Each Party shall, unless otherwise provided for in this Sub-Section, adopt procedures to enable a right holder, who has valid grounds for suspecting that the importation, exportation, re-exportation, entry or exit of the customs territory, placement under a suspensive procedure or placement under a free zone or a free warehouse of goods infringing an intellectual property right (1) may take place, to lodge an application in writing with the competent authorities, whether administrative or judicial, for the suspension by the customs authorities of the release or detention of such goods.

(1) For the purposes of this Article, "goods infringing an intellectual property right" means: (a) "counterfeit goods", namely: (i) goods, including packaging, bearing without authorisation a trademark identical to the trademark duly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the trademark holder's rights; (ii) any trademark symbol such as a logo, label, sticker, brochure, instructions for use or guarantee document, even if presented separately, on the same conditions as the goods referred to in point (i); (iii) packaging materials bearing the trademark of counterfeit goods, presented separately, on the same conditions as the goods referred to in point (i); (b) "pirated goods", namely goods which are or contain copies made without the consent of the right holder or of a person duly authorised by the holder in the country of production, and which are made directly or indirectly from an article, where the making of that copy would have constituted an infringement of a copyright or related right or design right under the law of the country of importation, regardless of whether it is registered in domestic law; (c) goods which, according to the law of the Party in which the application for customs action is made, infringe a patent, a plant variety right, or a geographical indication.

2. Each Party shall provide that when the customs authorities, in the course of their actions and before an application has been lodged by a right holder or granted, have sufficient grounds for suspecting that goods infringe an intellectual property right, they may suspend the release of the goods or detain them in order to enable the right holder to submit an application for action in accordance with paragraph 1.

3. Any rights or obligations concerning the importer which are established in domestic law for the implementation of this Article and of Section 4 of Part III of the TRIPS Agreement shall be also applicable to the exporter or to the holder of the goods.

4. Each Party shall provide that its competent authorities require a right holder who requests the procedures described in paragraph 1 to provide adequate evidence to satisfy the competent authorities that, under the law of the Party providing the procedures, there is a prima facie infringement of the right holder’s intellectual property right, and to supply sufficient information that may reasonably be expected to be within the right holder’s knowledge to make the suspect goods reasonably recognisable by the competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to the procedures described in paragraph 1.

5. With a view to establishing whether an intellectual property right has been infringed, the customs office shall inform the right holder, at his/her request and if known, of the names and addresses of the consignee, the consignor or the holder of the goods and the origin and provenance of goods suspected of infringing an intellectual property right.

The customs office shall also give the applicant the opportunity to inspect goods whose release has been suspended or which have been detained. When examining goods, the customs office may take samples and hand them over or send them to the right holder, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure.

6. The customs authorities shall be active in targeting and identifying shipments containing goods suspected of infringing an intellectual property right on the basis ofrisk analysis techniques. They shall set up systems for close cooperation with right holders, including effective mechanisms to collect information for the risk analysis.

7. The Parties agree to cooperate with a view to eliminating international trade in goods infringing intellectual property rights. In particular, for that purpose, they shall, where appropriate, exchange information and arrange for cooperation between their competent authorities with regard to trade in goods infringing intellectual property rights.

8. For goods in transit through the territory of a Party destined for the territory of the other Party, the former Party shall provide information to the latter Party to enable effective enforcement against shipments of goods suspected of infringing an intellectual property right.

9. Without prejudice to other forms of cooperation, Protocol IT on Mutual Administrative Assistance in Customs Matters will be applicable with regard to paragraphs 7 and 8 of this Article with respect to breaches of customs legislation related to intellectual property rights.

10. The Customs Sub-Committee referred to in Article 176 of this Agreement shall act as the responsible Committee to ensure the proper functioning and implementation of this Article.

Article 301. Codes of Conduct

The Parties shall encourage:

(a) the development by trade or professional associations or organisations of codes of conduct aimed at contributing towards the enforcement of intellectual property rights; and

(b) the submission to the competent authorities of the Parties of draft codes of conduct and of any evaluations of the application of those codes of conduct.

Article 302. Cooperation

1. The Parties agree to cooperate with a view to supporting implementation of the commitments and obligations undertaken under this Chapter.

2. Subject to the provisions of Articles 5 and 6 of this Agreement, areas of cooperation include, but are not limited to, the following activities:

(a) exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement; exchange of experience on legislative progress in those areas;

(b) exchange of experience and information on enforcement of intellectual property rights;

(c) exchange of experience on central and sub-central enforcement by customs, police, administrative and judiciary bodies; coordination to prevent exports of counterfeit goods, including with other countries;

(d) capacity-building; exchange and training of personnel; (ce) promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; public awareness of consumers and right holders;

(f) enhancement of institutional cooperation, for example between intellectual property offices;

(g) active promotion of awareness and education of the general public on policies concerning intellectual property rights; formulation of effective strategies to identify key audiences, and the creation of communication programmes to increase consumer and media awareness on the impact of intellectual property violations, including the risk to health and safety and the connection to organised crime.

Chapter 10. COMPETITION

Section 1. ANTITRUST AND MERGERS

Article 303. Definitions

For the purposes of this Section:

(1) "competition authority" means for the UK, the Competition and Markets Authority, and for the Republic of Moldova, the Competition Council;

(2) "competition laws" means:

(a) for the UK, the Competition Act 1998 (c. 41), and Part 3 (excluding any provisions of that Part insofar as they relate to interventions in mergers on public interest grounds) of the Enterprise Act 2002 (c.40);

(b) for the Republic of Moldova, Competition Law No 183 of 11 July 2012 and its implementing regulations or amendments; and

(c) any changes that the instruments referred to in points (a) and (b) may undergo after the entry into force of this Agreement.

Article 304. Principles

The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business practices have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalisation.

Article 305. Implementation

1. Each Party shall maintain in its respective territory comprehensive competition laws which effectively address anti-competitive agreements, concerted practices and anti-competitive unilateral conduct of undertakings with dominant market power and provide effective control of concentrations.

2. Each Party shall maintain an operationally independent authority with adequate human and financial resources in order to effectively enforce the competition laws referred to in Article 303(2).

3. The Parties recognise the importance of applying their respective competition laws in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and rights of defence of the undertakings concerned.

Article 306. State Monopolies, Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights

1. Nothing in this Chapter prevents a Party from designating or maintaining state monopolies or public undertakings or entrusting undertakings with special or exclusive rights according to their respective laws.

2. With regard to state monopolies of a commercial character, public undertakings and undertakings entrusted with special or exclusive rights, each Party shall ensure that such undertakings are subject to the competition laws referred to in Article 303(2), in so far as the application of those laws does not obstruct the performance, in law or in fact, of the particular tasks of public interest assigned to the undertakings in question.

Article 307. Cooperation and Exchange of Information

1. The Parties recognise the importance of cooperation and coordination between their respective competition authorities to enhance effective competition law enforcement, and to fulfil the objectives of this Agreement through the promotion of competition and the curtailment of anti-competitive business conduct or anti- competitive transactions.

2. To that end, each competition authority may inform the other competition authority of its willingness to cooperate with respect to the enforcement activity of any of the Parties. Neither Party shall be prevented from taking autonomous decisions on the matters subject to the cooperation.

3. With a view to facilitating the effective enforcement of their respective competition laws, the competition authorities may exchange non-confidential information. All exchange of information shall be subject to the standards of confidentiality applicable in each Party. Whenever the Parties exchange information under this Article, they shall take into account the limitations imposed by the requirements of professional and business secrecy in their respective jurisdictions.

Article 308. Dispute Settlement

The provisions on the dispute settlement mechanism in Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement shall not apply to this Section.

Section 2. STATE AID

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Title   II POLITICAL DIALOGUE AND REFORM, COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Political Dialogue 1
  • Article   4 Domestic Reform 1
  • Article   5 1
  • Article   6 1
  • Article   7 Foreign and Security Policy 1
  • Article   8 International Criminal Court 1
  • Article   9 Conflict Prevention and Crisis Management 1
  • Article   10 Regional Stability 1
  • Article   11 Weapons of Mass Destruction 1
  • Article   12 Small Arms and Light Weapons and Conventional Arms Export Control 1
  • Article   13 International Cooperation In the Fight Against Terrorism 1
  • Title   II FREEDOM, SECURITY AND JUSTICE 1
  • Article   14 Rule of Law 1
  • Article   15 Protection of Personal Data 1
  • Article   16 Cooperation on Migration, Asylum and Border Management 1
  • Article   17 Movement of Persons 1
  • Article   18 Preventing and Combating Organised Crime, Corruption and other Illegal Activities 1
  • Article   19 Tackling Illicit Drugs 1
  • Article   20 Preventing and Combating Money Laundering and Financing of Terrorism 1
  • Article   21 Combating Terrorism 1
  • Article   22 Legal Cooperation 1
  • Title   IV ECONOMIC AND OTHER SECTORAL COOPERATION 1
  • Chapter   1 PUBLIC ADMINISTRATION REFORM 1
  • Article   23 2
  • Article   24 2
  • Article   25 2
  • Chapter   2 ECONOMIC DIALOGUE 2
  • Article   26 2
  • Article   27 2
  • Article   28 2
  • Chapter   3 COMPANY LAW, ACCOUNTING AND AUDITING AND CORPORATE GOVERNANCE 2
  • Article   29 2
  • Article   30 2
  • Article   31 2
  • Chapter   4 EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES 2
  • Article   32 2
  • Article   33 2
  • Article   34 2
  • Article   35 2
  • Article   36 2
  • Article   37 2
  • Chapter   5 CONSUMER PROTECTION 2
  • Article   38 2
  • Article   39 2
  • Chapter   6 STATISTICS 2
  • Article   40 2
  • Article   41 2
  • Article   42 2
  • Article   43 2
  • Article   44 2
  • Chapter   7 MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL, FINANCIAL INSPECTION AND EXTERNAL AUDIT 2
  • Article   45 2
  • Article   46 Budget and Accounting Systems 2
  • Article   47 Internal Control, Financial Inspection and External Audit 2
  • Article   48 Fight Against Fraud and Corruption 2
  • Article   49 2
  • Chapter   8 TAXATION 2
  • Article   50 2
  • Article   51 2
  • Article   52 2
  • Article   53 2
  • Article   54 2
  • Chapter   9 FINANCIAL SERVICES 2
  • Article   55 2
  • Article   56 2
  • Article   57 2
  • Chapter   10 INDUSTRIAL AND ENTERPRISE POLICY 2
  • Article   58 2
  • Article   59 2
  • Article   60 2
  • Chapter   11 MINING AND RAW MATERIALS 2
  • Article   61 2
  • Article   62 3
  • Chapter   12 AGRICULTURE AND RURAL DEVELOPMENT 3
  • Article   63 3
  • Article   64 3
  • Chapter   13 FISHERIES AND MARITIME POLICY 3
  • Section   1 FISHERIES POLICY 3
  • Article   66 3
  • Article   67 3
  • Article   68 3
  • Section   2 MARITIME POLICY 3
  • Article   69 3
  • Article   70 3
  • Chapter   14 ENERGY COOPERATION 3
  • Article   71 3
  • Article   72 3
  • Article   73 3
  • Chapter   15 TRANSPORT 3
  • Article   74 3
  • Article   75 3
  • Article   76 3
  • Article   77 3
  • Chapter   16 ENVIRONMENT 3
  • Article   78 3
  • Article   79 3
  • Article   80 3
  • Article   81 3
  • Article   82 3
  • Chapter   17 CLIMATE ACTION 3
  • Article   83 3
  • Article   84 3
  • Article   85 3
  • Article   86 3
  • Article   87 3
  • Chapter   18 INFORMATION SOCIETY 3
  • Article   88 3
  • Article   89 3
  • Article   90 4
  • Article   91 4
  • Chapter   19 TOURISM 4
  • Article   92 4
  • Article   93 4
  • Article   94 4
  • Article   95 4
  • Chapter   20 REGIONAL DEVELOPMENT 4
  • Article   96 4
  • Chapter   21 PUBLIC HEALTH 4
  • Article   97 4
  • Article   98 4
  • Chapter   22 CIVIL PROTECTION 4
  • Article   99 4
  • Article   100 4
  • Article   101 4
  • Article   1012 4
  • Article   103 4
  • Chapter   23 COOPERATION ON EDUCATION, TRAINING, MULTILINGUALISM, YOUTH AND SPORT 4
  • Article   104 4
  • Article   105 4
  • Article   106 4
  • Article   107 4
  • Article   108 4
  • Chapter   24 COOPERATION IN RESEARCH, TECHNOLOGICAL DEVELOPMENT AND DEMONSTRATION 4
  • Article   109 4
  • Article   110 4
  • Chapter   25 COOPERATION ON CULTURE, AUDIO-VISUAL POLICY AND MEDIA 4
  • Article   111 4
  • Article   112 4
  • Article   113 4
  • Chapter   26 CIVIL SOCIETY COOPERATION 4
  • Article   114 4
  • Article   115 4
  • Article   116 4
  • Chapter   27 COOPERATION IN THE PROTECTION AND PROMOTION OF THE RIGHTS OF THE CHILD 4
  • Article   117 4
  • Article   118 4
  • Article   119 4
  • Title   V TRADE AND TRADE-RELATED MATTERS 4
  • Chapter   1 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 4
  • Section   1 COMMON PROVISIONS 4
  • Article   120 Objective 4
  • Article   121 Scope and Coverage 4
  • Section   2 ELIMINATION OF CUSTOMS DUTIES, FEES AND OTHER CHARGES 4
  • Article   122 Definition of Customs Duties 4
  • Article   123 Classification of Goods 4
  • Article   124 Elimination of Customs Duties on Imports 4
  • Article   125 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 5
  • Article   126 Standstill 5
  • Article   127 Customs Duties on Exports 5
  • Article   128 Fees and other Charges 5
  • Section   3 NON-TARIFF MEASURES 5
  • Article   129 National Treatment 5
  • Article   130 Import and Export Restrictions 5
  • Section   4 SPECIFIC PROVISIONS RELATED TO GOODS 5
  • Article   131 General Exceptions 5
  • Section   5 ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES 5
  • Article   132 Special Provisions on Administrative Cooperation 5
  • Article   133 Management of Administrative Errors 5
  • Article   134 Agreements with other Countries 5
  • Chapter   2 TRADE REMEDIES 5
  • Section   1 GLOBAL SAFEGUARD MEASURES 5
  • Article   135 General Provisions 5
  • Article   136 Transparency 5
  • Article   137 Application of Measures 5
  • Section   2 ANTI-DUMPING AND COUNTERVAILING MEASURES 5
  • Article   138 General Provisions 5
  • Article   139 Transparency 5
  • Article   140 Consideration of Public Interest 5
  • Article   141 Lesser Duty Rule 5
  • Section   3 BILATERAL SAFEGUARD MEASURES 5
  • Article   142 Application of a Bilateral Safeguard Measure 5
  • Article   143 Conditions and Limitations 5
  • Article   144 Provisional Measures 5
  • Article   145 Compensation 5
  • Article   146 Definitions 5
  • Chapter   3 TECHNICAL BARRIERS TO TRADE, STANDARDISATION, METROLOGY, ACCREDITATION AND CONFORMITY ASSESSMENT 5
  • Article   147 Scope and Definitions 5
  • Article   148 Affirmation of the TBT Agreement 5
  • Article   149 Technical Cooperation 5
  • Article   150 Technical Regulations, Standards and Conformity Assessment 5
  • Article   151 Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) 5
  • Article   152 Marking and Labelling 5
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   153 Objective 5
  • Article   154 Multilateral Obligations 5
  • Article   155 Scope 5
  • Article   156 Definitions 5
  • Article   157 Competent Authorities 6
  • Article   158 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 6
  • Article   159 Recognition of Equivalence 6
  • Article   160 Transparency and Exchange of Information 6
  • Article   161 Notification, Consultation and Facilitation of Communication 6
  • Article   162 Trade Conditions 6
  • Article   163 Certification Procedure 6
  • Article   164 Verification 6
  • Article   165 Import Checks and Inspection Fees 6
  • Article   166 Safeguard Measures 6
  • Article   167 Sanitary and Phytosanitary Sub-Committee 6
  • Chapter   5 CUSTOMS AND TRADE FACILITATION 6
  • Article   168 Objectives 6
  • Article   169 Legislation and Procedures 6
  • Article   170 Relations with the Business Community 7
  • Article   171 Fees and Charges 7
  • Article   172 Customs Valuation 7
  • Article   173 Customs Cooperation 7
  • Article   174 Mutual Administrative Assistance In Customs Matters 7
  • Article   175 Technical Assistance and Capacity Building 7
  • Article   176 Customs Sub-Committee 7
  • Chapter   6 ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 7
  • Section   1 GENERAL PROVISIONS 7
  • Article   177 Objective, Scope and Coverage 7
  • Article   178 Definitions 7
  • Section   2 ESTABLISHMENT 7
  • Article   179 Scope 7
  • Article   180 National Treatment and Most-favoured-nation Treatment 7
  • Article   181 Review 7
  • Article   182 Other Agreements 7
  • Article   183 Standard of Treatment for Branches and Representative Offices 7
  • Section   3 CROSS-BORDER SUPPLY OF SERVICES 7
  • Article   184 Scope 7
  • Article   185 Market Access 7
  • Article   186 National Treatment 7
  • Article   187 Lists of Commitments 8
  • Article   188 Review 8
  • Section   4 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 8
  • Article   189 Scope and Definitions 8
  • Article   190 Key Personnel and Graduate Trainees 8
  • Article   191 Business Sellers 8
  • Article   192 Contractual Service Suppliers 8
  • Article   193 Independent Professionals 8
  • Section   5 REGULATORY FRAMEWORK 8
  • Subsection   1 DOMESTIC REGULATION 8
  • Article   194 Scope and Definitions 8
  • Article   195 Conditions for Licencing and Qualification 8
  • Article   196 Licencing and Qualification Procedures 8
  • Subsection   2 PROVISIONS OF GENERAL APPLICATION 8
  • Article   197 Mutual Recognition 8
  • Article   198 Transparency and Disclosure of Confidential Information 8
  • Subsection   3 COMPUTER SERVICES 8
  • Article   199 Understanding on Computer Services 8
  • Subsection   4 POSTAL AND COURIER SERVICES 8
  • Article   200 Scope and Definitions 8
  • Article   201 Prevention of Anti-competitive Practices In the Postal and Courier Sector 8
  • Article   202 Universal Service 8
  • Article   203 Licences 8
  • Article   204 Independence of the Regulatory Body 8
  • Subsection   5 ELECTRONIC COMMUNICATION NETWORKS AND SERVICES 8
  • Article   205 Scope and Definitions 8
  • Article   206 Regulatory Authority 9
  • Article   207 Authorisation to Provide Electronic Communication Services 9
  • Article   208 Access and Interconnection 9
  • Article   209 Scarce Resources 9
  • Article   210 Universal Service 9
  • Article   211 Cross-border Provision of Electronic Communication Services 9
  • Article   212 Confidentiality of Information 9
  • Article   213 Disputes between Services Suppliers 9
  • Subsection   6 FINANCIAL SERVICES 9
  • Article   214 Scope and Definition 9
  • Article   215 Prudential Carve-out 9
  • Article   216 Effective and Transparent Regulation 9
  • Article   217 New Financial Services 9
  • Article   218 Data Processing 9
  • Article   219 Specific Exceptions 9
  • Article   220 Self-regulatory Organisations 9
  • Article   221 Clearing and Payment Systems 9
  • Article   222 International Standards 9
  • Subsection   7 TRANSPORT SERVICES 9
  • Article   223 Scope 9
  • Article   224 International Maritime Transport 9
  • Article   225 Air Transport 9
  • Section   6 ELECTRONIC COMMERCE 9
  • Section   1 GENERAL PROVISIONS 10
  • Article   226 Objective and Principles 10
  • Article   227 Cooperation In Electronic Commerce 10
  • Subsection   2 LIABILITY OF INTERMEDIARY SERVICE PROVIDERS 10
  • Article   228 Use of Intermediaries' Services 10
  • Article   229 Liability of Intermediary Service Providers: "mere Conduit" 10
  • Article   230 Liability of Intermediary Service Providers: "caching" 10
  • Article   231 Liability of Intermediary Service Providers: "hosting" 10
  • Article   232 No General Obligation to Monitor 10
  • Section   7 EXCEPTIONS 10
  • Article   233 General Exceptions 10
  • Article   234 Recognition and Taxation Measures 10
  • Article   235 Security Exceptions Nothing In this Agreement Shall Be Construed To: 10
  • Chapter   7 CURRENT PAYMENTS AND MOVEMENT OF CAPITAL 10
  • Article   236 Current Payments 10
  • Article   237 Capital Movements 10
  • Article   238 Safeguard Measures 10
  • Article   239 Facilitation and Evolution Provisions 10
  • Chapter   8 PUBLIC PROCUREMENT 10
  • Article   240 Objectives 10
  • Article   241 Scope 10
  • Article   242 Institutional Background 10
  • Article   243 Basic Standards Regulating the Award of Contracts 10
  • Article   244 Market Access 10
  • Article   245 Information 10
  • Article   246 Cooperation 10
  • Chapter   9 INTELLECTUAL PROPERTY RIGHTS 10
  • Section   1 GENERAL PROVISIONS AND PRINCIPLES 10
  • Article   247 Objectives 10
  • Article   248 Nature and Scope of Obligations 10
  • Article   249 Exhaustion 10
  • Section   2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 10
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 10
  • Article   250 Protection Granted 10
  • Article   251 Authors 11
  • Article   252 Performers 11
  • Article   253 Producers of Phonograms 11
  • Article   254 Broadcasting Organisations 11
  • Article   255 Broadcasting and Communication to the Public 11
  • Article   256 Term of Protection 11
  • Article   257 Protection of Technological Measures 11
  • Article   258 Protection of Rights-management Information 11
  • Article   259 Exceptions and Limitations 11
  • Article   260 Artists' Resale Right In Works of Art 11
  • Article   261 Cooperation on Collective Management of Rights 11
  • Subsection   2 TRADEMARKS 11
  • Article   262 International Agreements 11
  • Article   263 Registration Procedure 11
  • Article   264 Well-known Trademarks 11
  • Article   265 Exceptions to the Rights Conferred by a Trademark 11
  • Subsection   3 GEOGRAPHICAL INDICATIONS 11
  • Article   266 Scope 11
  • Article   267 Established Geographical Indications 11
  • Article   268 Addition of New Geographical Indications 11
  • Article   269 Scope of Protection of Geographical Indications 11
  • Article   270 Right of Use of Geographical Indications 11
  • Article   271 Enforcement of Protection 11
  • Article   272 Implementation of Complementary Actions 11
  • Article   273 Relationship with Trademarks 11
  • Article   274 General Rules 11
  • Article   275 Cooperation and Transparency 11
  • Article   276 Geographical Indications Sub-Committee 11
  • Subsection   4 DESIGNS 11
  • Article   277 International Agreements 11
  • Article   278 Protection of Registered Designs 11
  • Article   279 Protection Conferred to Unregistered Designs 12
  • Article   280 Exceptions and Exclusions 12
  • Article   281 Relationship to Copyright 12
  • Subsection   5 PATENTS 12
  • Article   282 International Agreements 12
  • Article   283 Patents and Public Health 12
  • Article   284 Supplementary Protection Certificate 12
  • Article   285 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 12
  • Article   286 Data Protection on Plant Protection Products 12
  • Article   287 Plant Varieties 12
  • Section   3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 12
  • Article   288 General Obligations 12
  • Article   289 Entitled Applicants 12
  • Subsection   1 CIVIL ENFORCEMENT 12
  • Article   290 Measures for Preserving Evidence 12
  • Article   291 Right of Information 12
  • Article   292 Provisional and Precautionary Measures 12
  • Article   293 Corrective Measures 12
  • Article   294 Injunctions 12
  • Article   295 Alternative Measures 12
  • Article   296 Damages 12
  • Article   297 Legal Costs 12
  • Article   298 Publication of Judicial Decisions 12
  • Article   299 Presumption of Authorship or Ownership 12
  • Subsection   2 OTHER PROVISIONS 12
  • Article   300 Border Measures 12
  • Article   301 Codes of Conduct 12
  • Article   302 Cooperation 12
  • Chapter   10 COMPETITION 12
  • Section   1 ANTITRUST AND MERGERS 12
  • Article   303 Definitions 12
  • Article   304 Principles 12
  • Article   305 Implementation 12
  • Article   306 State Monopolies, Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights 12
  • Article   307 Cooperation and Exchange of Information 12
  • Article   308 Dispute Settlement 12
  • Section   2 STATE AID 13
  • Article   309 General Principles and Scope 13
  • Article   310 Transparency 13
  • Article   311 Confidentiality 13
  • Article   312 Review Clause 13
  • Chapter   11 TRADE-RELATED ENERGY 13
  • Article   313 Definitions 13
  • Article   314 Domestic Regulated Prices 13
  • Article   315 Prohibition of Dual Pricing 13
  • Article   316 Transit 13
  • Article   317 Transport 13
  • Article   318 Unauthorised Taking of Goods In Transit 13
  • Article   319 Uninterrupted Transit 13
  • Article   320 Transit Obligation for Operators 13
  • Article   321 Regulatory Authority for Electricity and Natural Gas 13
  • Chapter   12 TRANSPARENCY 13
  • Article   322 Definitions for the Purposes of this Chapter: 13
  • Article   323 Objective and Scope 13
  • Article   324 Publication 13
  • Article   325 Enquiries and Contact Points 13
  • Article   326 Administration of Measures of General Application 13
  • Article   327 Review and Appeal 13
  • Article   328 Regulatory Quality and Performance and Good Administrative Behaviour 13
  • Article   329 Specific Rules 13
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 13
  • Article   330 Context and Objectives 13
  • Article   331 Right to Regulate and Levels of Protection 13
  • Article   332 Multilateral Labour Standards and Agreements 13
  • Article   333 Multilateral Environmental Governance and Agreements 13
  • Article   334 Trade and Investment Promoting Sustainable Development 13
  • Article   335 Biological Diversity 13
  • Article   336 Sustainable Management of Forests and Trade In Forest Products 13
  • Article   337 Trade In Fish Products 13
  • Article   338 Upholding Levels of Protection 13
  • Article   339 Scientific Information 13
  • Article   340 Transparency 13
  • Article   341 Review of Sustainability Impacts 13
  • Article   342 Working Together on Trade and Sustainable Development 13
  • Article   343 Institutional and Overseeing Mechanisms 14
  • Article   344 Joint Civil Society Dialogue Forum 14
  • Article   345 Government Consultations 14
  • Article   346 Panel of Experts 14
  • Chapter   14 DISPUTE SETTLEMENT 14
  • Section   1 OBJECTIVE AND SCOPE 14
  • Article   347 Objective 14
  • Article   348 Scope of Application 14
  • Section   2 CONSULTATIONS AND MEDIATION 14
  • Article   349 Consultations 14
  • Article   350 Mediation 14
  • Section   3 DISPUTE SETTLEMENT PROCEDURES 14
  • Subsection   1 ARBITRATION PROCEDURE 14
  • Article   351 Initiation of the Arbitration Procedure 14
  • Article   352 Establishment of the Arbitration Panel 14
  • Article   353 Preliminary Ruling on Urgency 14
  • Article   354 Arbitration Panel Report 14
  • Article   355 Conciliation for Urgent Energy Disputes 14
  • Article   356 Notification of the Ruling of the Arbitration Panel 14
  • Subsection   2 COMPLIANCE 14
  • Article   357 Compliance with the Arbitration Panel Ruling 14
  • Article   358 Reasonable Period of Time for Compliance 14
  • Article   359 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 14
  • Article   360 Temporary Remedies In Case of Non-compliance 14
  • Article   361 Remedies for Urgent Energy Disputes 14
  • Article   362 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 14
  • Subsection   3 COMMON PROVISIONS 14
  • Article   363 Replacement of Arbitrators 14
  • Article   364 Suspension and Termination of Arbitration and Compliance Procedures 14
  • Article   365 Mutually Agreed Solution 14
  • Article   366 Rules of Procedure 14
  • Article   367 Information and Technical Advice 14
  • Article   368 Rules of Interpretation 14
  • Article   369 Decisions and Rulings of the Arbitration Panel 14
  • Section   4 GENERAL PROVISIONS 14
  • Article   370 Lists of Arbitrators 14
  • Article   371 Relation with WTO Obligations 14
  • Article   372 Timeframes-limits 14
  • Title   VI INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 14
  • Chapter   1 INSTITUTIONAL FRAMEWORK 14
  • Article   373 14
  • Article   374 14
  • Article   375 14
  • Article   376 15
  • Chapter   2 GENERAL AND FINAL PROVISIONS 15
  • Article   377 Access to Courts and Administrative Organs 15
  • Article   378 Access to Official Documents 15
  • Article   379 Security Exceptions 15
  • Article   380 Non-discrimination 15
  • Article   381 Monitoring 15
  • Article   382 Results of Monitoring 15
  • Article   383 Fulfilment of Obligations 15
  • Article   384 Dispute Settlement 15
  • Article   385 Appropriate Measures In Case of Non-fulfilment of Obligations 15
  • Article   386 Amendments 15
  • Article   387 Retained Law 15
  • Article   388 Annexes and Protocols 15
  • Article   389 Duration 15
  • Article   390 Definition of the Parties 15
  • Article   391 Territorial Application 15
  • Article   392 Entry Into Force and Provisional Application 15
  • ANNEX XI  LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS 15
  • ANNEX XI-A  LIST OF RESERVATIONS ON ESTABLISHMENT (UK) 15
  • ANNEX XI-E  LIST OF RESERVATIONS ON ESTABLISHMENT (REPUBLIC OF MOLDOVA) 16
  • ANNEX XV  MEDIATION MECHANISM 16
  • 1 Objective 16
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 16
  • 2 Request for Information 16
  • 3 Initiation of the Procedure 16
  • 4 Selection of the Mediator 16
  • 5 Rules of the Mediation Procedure 16
  • Section   2 IMPLEMENTATION 16
  • 6 Implementation of a Mutually Agreed Solution 16
  • Section   3 GENERAL PROVISIONS 16
  • 7 Confidentiality and Relationship to Dispute Settlement 16
  • 8 Time Limits 16
  • 9 Costs 16
  • ANNEX XVI  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 16
  • ANNEX XVII  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 17