Georgia - United Kingdom Strategic Partnership and Cooperation Agreement (2019)
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3. The expression "normal use"€™ in point (a) of paragraph 2 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 or from a date established in accordance with the Hague Agreement Concerning the International Deposit of Industrial Designs, without prejudice to the Paris Convention.

Article 174. 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 175. Relationship to Copyright

A design shall also be eligible for protection under the law of copyright 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 176. International Agreements

The Parties reaffirm their commitment to the WIPO Patent Cooperation Treaty.

Article 177. 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.

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 178. Supplementary Protection Certificate

1. The Parties recognise that medicinal and plant protection products protected by a patent on 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 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 the results of those studies are reflected in the product information, the Parties shall provide for a further six months extension of the period of protection referred to in paragraph 2.

Article 179. Protection of Data Submitted to Obtain a Marketing Authorisation for Medicinal Products  (1)

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

3. For that purpose, each Party shall not, for a period of at least six years from the date of the first authorisation in one of the Parties, permit other applicants to market the same or a similar product, on the basis of the marketing authorisation 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 his consent. During such period, the test data or studies submitted for the first authorisation shall not be used for the benefit of any subsequent applicant aiming to obtain a marketing authorisation for a medicinal product, except when the consent of the first applicant is provided.

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

(1) This Article shall be without prejudice to Georgian Governmental Regulation No 188 of 22 October 2009 on the establishment of the list of countries and relevant authorities eligible for the simplified regime of registration of medicinal products in Georgia. The list established by the above Regulation refers to the following countries/authorities: EMA - European Medicines Agency; Australia; Austria; Belgium; Bulgaria; Canada; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Iceland; Ireland; Italy; Japan; Korea; Latvia; Lithuania; Luxemburg; Malta; Netherlands; New Zealand; Norway; Poland; Portugal; Romania; Slovakia; Slovenia; Spain; Sweden; Switzerland; United Kingdom; USA.

Article 180. Protection of Data to Obtain a Marketing Authorisation for 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 ensure that data submitted for the first time by an applicant to obtain a marketing authorisation for a plant protection product benefits from protection against unfair commercial use and is not used for the benefit of any other person aiming to obtain a marketing authorisation, unless the proof of the explicit consent of the first holder is provided.

3. The test or study report submitted for the first time to obtain a marketing authorisation shall fulfil the following conditions:

(a) that it is 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 protection of data shall be at least ten years starting from the date of the first marketing authorisation in the Party concerned.

Article 181. Plant Varieties

The Parties shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants and shall cooperate to promote and enforce those rights.

Section 3. Enforcement of Intellectual Property Rights

Article 182. General Obligations

1. The Parties reaffirm their commitments under the TRIPS Agreement, and in particular Part III thereof, and shall provide for the complementary measures, procedures and remedies set out 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 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; trademark rights; design rights; patent rights, including rights derived from supplementary protection certificates; geographical indications; utility model rights; plant variety rights; trade names in so far as these are protected as exclusive rights by domestic law.

Article 183. 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 II 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 licencees, 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,

(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 184. 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 these 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.

3. Where measures to preserve evidence are adopted without the other party having been heard, the parties affected shall be given notice without delay and at the latest after the execution of the measures.

Article 185. 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 found to be producing, manufacturing or distributing infringing goods or to be providing services, through information provided by any person referred to in points (a), (b), or (c). 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, and

(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 186. Provisional 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 up 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 access, where appropriate, to banking, financial or commercial documents under the control of the alleged infringer.

Article 187. Measures Resulting from a Decision on the Merits of the Case

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.

3. Each Party shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer as well as against any 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.

4. 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 this Article, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in this Article 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 188. 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 that right holder as a result of the infringement. When the judicial authorities set the 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 moral prejudice, caused to the right holder by the infringement; or

(b) as an alternative to (a), they may, in appropriate cases, set the 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 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 189. 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 and without prejudice to exceptions provided by domestic procedural rules.

Article 190. Publication of Judicial Decisions

Each Party shall ensure that, either in legal proceedings instituted for infringement of an industrial property right or in legal proceedings instituted for infringement of copyright, or in both cases, 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 191. Presumption of Authorship or Ownership

For the purposes of applying the measures, procedures and remedies provided for in this Sub-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) the provision under point (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 192. Border Measures

1. This Article establishes the general principles of this Agreement governing the enforcement of intellectual property rights by customs authorities and the obligations of the customs authorities of the Parties to engage in cooperation.

2. When implementing border measures for the enforcement of intellectual property rights the Parties shall ensure consistency with their obligations under GATT 1994 and the TRIPS Agreement.

3. The provisions on border measures in this Article are of procedural nature. They set out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, under customs control. They shall not affect in any way the substantive law of the Parties on intellectual property.

4. To facilitate the effective enforcement of intellectual property rights, the customs authorities shall adopt a range of approaches to identify shipments containing goods suspected of infringing intellectual property rights. These approaches include risk analysis techniques based, inter alia, on information provided by rights holders, intelligence gathered and cargo inspections.

5. The Parties agree to effectively implement Article 69 of the TRIPS Agreement in respect of international trade in goods suspected of infringing intellectual property rights. For that purpose, the Parties shall establish and notify contact points in their customs administrations and shall be ready to exchange data and information on trade in such goods affecting both Parties. They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods. Without prejudice to the provisions of Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement customs authorities shall, where appropriate, exchange such information swiftly and with due respect to data protection laws of the Parties.

6. The customs authorities of each Party shall cooperate, upon request or upon their own initiative, to provide relevant available information to the customs authorities of the other Party, in particular for goods in transit through the territory of a Party destined for (or originating in) the other Party.

7. The Sub-Committee referred to in Article 72 of this Agreement shall establish the necessary practical arrangements concerning the exchange of data and information referred to in this Article. 8. Protocol II on Mutual Administrative Assistance in Customs Matters to this Agreement shall be applicable in respect to breaches of intellectual property rights, without prejudice to forms of cooperation resulting from the application of paragraphs 5 to 7 of this Article. 9. The Sub-Committee referred to in Article 72 of this Agreement shall act as the responsible Sub-Committee to ensure the proper functioning and implementation of this Article.

Article 193. 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;

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

Article 194. Cooperation

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

2. 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 experiences on legislative progress in those areas;

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

(c) exchange of experiences 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;

(e) 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) actively promoting awareness and education of the general public on policies concerning intellectual property rights: formulate effective strategies to identify key audiences and create 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

Article 195. Principles

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

Article 196. Antitrust and Mergers Legislation and Its 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 enterprises with dominant market power and which provide effective control of concentrations to avoid significant impediment to effective competition and abuse of dominant position.

2. Each Party shall maintain an authority responsible and appropriately equipped for the effective enforcement of the competition laws referred to in paragraph 1.

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 enterprises concerned.

Article 197. State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights

1. Nothing in this Chapter prevents a Party from designating or maintaining state monopolies, state enterprises or to entrust enterprises with special or exclusive rights in accordance with its respective laws.

2. With regard to state monopolies of a commercial character, state enterprises and enterprises entrusted with special or exclusive rights, each Party shall ensure that such enterprises are subject to the competition laws referred to in Article 196(1), 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 enterprises in question.

Article 198. Subsidies

1. For the purpose of this Article, a "€˜subsidy"€™ is a measure which fulfils the conditions of Article 1 of the SCM Agreement irrespective whether it is granted in relation to the production of goods or the supply of services and which is specific within the meaning of Article 2 of that Agreement.

2. Each Party shall ensure transparency in the area of subsidies. To that end, each Party shall report every two years to the other Party on the legal basis, the form, the amount or the budget and, where possible, the recipient of the subsidy granted by its government or a public body in relation to the production of goods. Such report is deemed to have been provided if the relevant information is made available by each Party on a publicly accessible website.

3. On request of a Party, the other Party shall promptly provide information and respond to questions pertaining to particular subsidies relating to the supply of services.

Article 199. Dispute Settlement

The provisions on the dispute settlement mechanism in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement shall not apply to Articles 195, 196 and 197 of this Agreement.

Article 200. Relationship with the WTO

The provisions of this Chapter are without prejudice to the rights and obligations of a Party under the WTO Agreement, in particular the SCM Agreement and the Dispute Settlement Understanding (DSU).

Article 201. Confidentiality

When exchanging information under this Chapter the Parties shall take into account the limitations imposed by the requirements of professional and business secrecy in their respective jurisdictions.

Chapter 11. Trade-related Energy Provisions

Article 202. Definitions

For the purposes of this Chapter:

(a) "€˜energy goods"€™ means crude oil (HS code 27.09), natural gas (HS code 27.11) and electrical energy (HS code 27.16);

(b) "€˜energy transport facilities"€™ means high-pressure natural gas transmission pipelines; high-voltage electricity transmission grids and lines, including interconnectors used to connect different gas or electricity transmission networks; crude oil transmission pipelines, railways and other fixed facilities handling the transit of energy goods.

(c) "€˜transit"€™ means the passage of energy goods across the territory of a Party, with

or without trans-shipment, ware- housing, breaking bulk, or change in the mode of transport, where such passage is only a portion of a complete journey beginning and terminating beyond the frontier of the Party across whose territory the traffic passes.

(d) "unauthorised taking"€™ means any activity consisting of the unlawful taking of energy goods from energy transport facilities.

Article 203. Transit

The Parties shall ensure transit, consistent with their international commitments in accordance with the provisions of GATT 1994 and the Energy Charter Treaty.

Article 204. Unauthorised Taking of Goods In Transit

Each Party shall take all necessary measures to prohibit and address any unauthorised taking of energy goods in transit through its territory by any entity subject to that Party's control or jurisdiction.

Article 205. Uninterrupted Transit

1. A Party shall not take from or interfere otherwise with the transit of energy goods through their territory, except where such taking or other interference is specifically provided for in a contract or other agreement governing such transit or where a continued operation of the energy transport facilities without prompt corrective action creates an unreasonable threat to public security, cultural heritage, health, safety or the environment, subject to the requirement that such action is not carried out in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of international trade.

2. In the event of a dispute over any matter involving the Parties or one or more entities subject to the control or jurisdiction of one of the Parties, a Party through the territory of which the transit of energy goods takes place shall not, prior to the conclusion of a dispute resolution procedure under the relevant contract or of an emergency procedure under Annex XIV to this Agreement or under Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, interrupt or reduce such transit, or permit any entity subject to its control or jurisdiction, including a state trading enterprise, to interrupt or reduce such transit, except under the circumstances provided in paragraph 1.

3. A Party shall not be held liable for an interruption or reduction of transit pursuant to this Article where that Party is unable to supply or to transit energy goods as a result of actions attributable to a third country or an entity under the control or jurisdiction of a third country.

Article 206. Transit Obligation for Operators

Each Party shall ensure that operators of energy transport facilities take the necessary measures to:

(a) minimise the risk of accidental interruption or reduction of transit;

(b) expeditiously restore the normal operation of such transit, which has been accidentally interrupted or reduced.

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 General Principles 1
  • Title   II Strategic Political Dialogue and Reform, Cooperation In the Field of Foreign and Security Policy 1
  • Article   3 Aims of Strategic Political Dialogue 1
  • Article   4 Cooperation on Developing Democratic Institutions 1
  • Article   5 Foreign and Security Policy 1
  • Article   6 Peaceful Conflict Resolution 1
  • Article   7 Serious Crimes of International Concern 1
  • Article   8 Conflict Prevention and Crisis Management 1
  • Article   9 Regional Stability 1
  • Article   10 Weapons of Mass Destruction 1
  • Article   11 Small Arms and Light Weapons and Conventional Arms Exports Control 1
  • Article   12 Fight Against Terrorism 1
  • Title   III Freedom, Security and Justice 1
  • Article   13 Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   14 Protection of Personal Data 1
  • Article   15 Cooperation on Migration, Asylum and Border Management 1
  • Article   16 Law Enforcement and Security 1
  • Article   17 Illicit Drugs 1
  • Article   18 Money Laundering and Terrorism Financing 1
  • Article   19 Cooperation In the Fight Against Terrorism 1
  • Article   20 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   21 Objective 2
  • Article   22 Scope and Coverage 2
  • Section   2 Elimination of Customs Duties, Fees and other Charges 2
  • Article   23 Definition of Customs Duties 2
  • Article   24 Classification of Goods 2
  • Article   25 Elimination of Customs Duties on Imports 2
  • Article   26 Anti-circumvention Mechanism for Agricultural Products and Processed Agricultural Products 2
  • Article   27 Standstill 2
  • Article   28 Customs Duties on Exports 2
  • Article   29 Fees and other Charges 2
  • Section   3 Non - Tariff Measures 2
  • Article   30 National Treatment 2
  • Article   31 Import and Export Restrictions 2
  • Section   4 Specific Provisions Related to Goods 2
  • Article   32 General Exceptions 2
  • Section   5 Administrative Cooperation and Coordination with other Countries 2
  • Article   33 Temporary Withdrawal of Preferences 2
  • Article   34 Management of Administrative Errors 2
  • Article   35 Agreements with other Countries 2
  • Chapter   2 Trade Remedies 2
  • Section   1 Global Safeguard Measures 2
  • Article   36 General Provisions 2
  • Article   37 Transparency 2
  • Article   38 Application of Measures 2
  • Section   2 Anti-dumping and Countervailing Measures 2
  • Article   39 General Provisions 2
  • Article   40 Transparency 2
  • Article   41 Consideration of Public Interest 2
  • Article   42 Lesser Duty Rule 2
  • Chapter   3 Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment 2
  • Article   43 Scope and Definitions 2
  • Article   44 Affirmation of the TBT Agreement 2
  • Article   45 Technical Cooperation 2
  • Article   46 Technical Regulations, Standards, and Conformity Assessment 2
  • Article   47 Agreement on Conformity Assessment and Acceptance of Industrial Products 2
  • Article   48 Marking and Labelling 2
  • Chapter   4 Sanitary and Phytosanitary Measures 2
  • Article   49 Objective 2
  • Article   50 Multilateral Obligations 2
  • Article   51 Scope 2
  • Article   52 Definitions 2
  • Article   53 Competent Authorities 3
  • Article   54 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 3
  • Article   55 Recognition of Equivalence 3
  • Article   56 Transparency and Exchange of Information 3
  • Article   57 Notification, Consultation and Facilitation of Communication 3
  • Article   58 Trade Conditions 3
  • Article   59 Certification Procedure 3
  • Article   60 Verification 3
  • Article   61 Import Checks and Inspection Fees 3
  • Article   62 Safeguard Measures 3
  • Article   63 Sanitary and Phytosanitary Sub-Committee 3
  • Chapter   5 Customs and Trade Facilitation 3
  • Article   64 Objectives 3
  • Article   65 Legislation and Procedures 3
  • Article   66 Relations with the Business Community 4
  • Article   67 Fees and Charges 4
  • Article   68 Customs Valuation 4
  • Article   69 Customs Cooperation 4
  • Article   70 Mutual Administrative Assistance In Customs Matters 4
  • Article   71 Technical Assistance and Capacity Building 4
  • Article   72 Customs Sub-Committee 4
  • Chapter   6 Establishment, Trade In Services and Electronic Commerce 4
  • Section   1 General Provisions 4
  • Article   73 Objective, Scope and Coverage 4
  • Article   74 Definitions 4
  • Section   2 Establishment 4
  • Article   75 Scope 4
  • Article   76 National Treatment and Most Favoured Nation Treatment 4
  • Article   77 Review 4
  • Article   78 Other Agreements 4
  • Article   79 Standard of Treatment for Branches and Representative Offices 4
  • Section   3 Cross-border Supply of Services 4
  • Article   80 Scope 4
  • Article   81 Market Access 4
  • Article   82 National Treatment 5
  • Article   83 Lists of Commitments 5
  • Article   84 Review 5
  • Section   4 Temporary Presence of Natural Persons for Business Purposes 5
  • Article   85 Scope and Definitions 5
  • Article   86 Key Personnel and Graduate Trainees 5
  • Article   87 Business Sellers 5
  • Article   88 Contractual Service Suppliers 5
  • Article   89 Independent Professionals 5
  • Section   5 Regulatory Framework 5
  • Subsection   1 Domestic Regulation 5
  • Article   90 Scope and Definitions 5
  • Article   91 Conditions for Licencing and Qualification 5
  • Article   92 Licencing and Qualification Procedures 5
  • Subsection   2 Provisions of General Application 5
  • Article   93 Mutual Recognition 5
  • Article   94 Transparency and Disclosure of Confidential Information 5
  • Subsection   3 Computer Services 5
  • Article   95 Understanding on Computer Services 5
  • Subsection   4 Postal and Courier Services 5
  • Article   96 Scope and Definitions 5
  • Article   97 Universal Service 5
  • Article   98 Licences 5
  • Article   99 Independence of the Regulatory Body 5
  • Subsection   5 Electronic Communication Networks and Services 5
  • Article   100 Scope and Definitions 5
  • Article   101 Regulatory Authority 6
  • Article   102 Authorisation to Provide Electronic Communication Services 6
  • Article   103 Access and Interconnection 6
  • Article   104 Scarce Resources 6
  • Article   105 Universal Service 6
  • Article   106 Cross-border Provision of Electronic Communication Services 6
  • Article   107 Confidentiality of Information 6
  • Article   108 Disputes between Services Suppliers 6
  • Subsection   6 Financial Services 6
  • Article   109 Scope and Definitions 6
  • Article   110 Prudential Carve-out 6
  • Article   111 Effective and Transparent Regulation 6
  • Article   112 New Financial Services 6
  • Article   113 Data Processing 6
  • Article   114 Specific Exceptions 6
  • Article   115 Self-regulatory Organisations 6
  • Article   116 Clearing and Payment Systems 6
  • Article   117 International Standards 6
  • Subsection   7 Transport Services 6
  • Article   118 Scope 6
  • Article   119 International Maritime Transport 6
  • Article   120 Air Transport 6
  • Section   6 Electronic Commerce 7
  • Subsection   1 General Provisions 7
  • Article   121 Objective and Principles 7
  • Article   122 Cooperation In Electronic Commerce 7
  • Subsection   2 Liability of Intermediary Service Providers 7
  • Article   123 Use of Intermediaries' Services 7
  • Article   124 Liability of Intermediary Service Providers: "mere Conduit" 7
  • Article   125 Liability of Intermediary Service Providers: "caching" 7
  • Article   126 Liability of Intermediary Service Providers: "hosting" 7
  • Article   127 No General Obligation to Monitor 7
  • Section   7 Exceptions 7
  • Article   128 General Exceptions 7
  • Article   129 Recognition and Taxation Measures 7
  • Article   130 Security Exceptions 7
  • Chapter   7 Current Payments and Movement of Capital 7
  • Article   131 Current Payments 7
  • Article   132 Capital Movements 7
  • Article   133 Safeguard Measures 7
  • Article   134 Facilitation and Evolution Provisions 7
  • Chapter   8 Public Procurement 7
  • Article   135 Objectives 7
  • Article   136 Scope 7
  • Article   137 Institutional Background 7
  • Article   138 Basic Standards Regulating the Award of Contracts 7
  • Article   139 Market Access 7
  • Article   140 Information 7
  • Article   141 Cooperation 7
  • Chapter   9 Intellectual Property Rights 7
  • Section   1 General Provisions 7
  • Article   142 Objectives 7
  • Article   143 Nature and Scope of Obligations 7
  • Article   144 Exhaustion 7
  • Section   2 Standards Concerning Intellectual Property Rights 8
  • Subsection   1 Copyright and Related Rights 8
  • Article   145 Protection Granted 8
  • Article   146 Authors 8
  • Article   147 Performers 8
  • Article   148 Producers of Phonograms 8
  • Article   149 Broadcasting Organisations 8
  • Article   150 Broadcasting and Communication to the Public 8
  • Article   151 Term of Protection 8
  • Article   152 Protection of Technological Measures 8
  • Article   153 Protection of Rights Management Information 8
  • Article   154 Exceptions and Limitations 8
  • Article   155 Artists' Resale Right In Works of Art 8
  • Article   156 Cooperation on Collective Management of Rights 8
  • Subsection   2 Trademarks 8
  • Article   157 International Agreements 8
  • Article   158 Registration Procedure 8
  • Article   159 Well-known Trademarks 8
  • Article   160 Exceptions to the Rights Conferred by a Trademark 8
  • Subsection   3 Geographical Indications 8
  • Article   161 Scope 8
  • Article   162 Established Geographical Indications 8
  • Article   163 Addition of New Geographical Indications 8
  • Article   164 Scope of Protection of Geographical Indications 8
  • Article   165 Protection of Transcription of Geographical Indications 8
  • Article   166 Right of Use of Geographical Indications 8
  • Article   167 Enforcement of Protection 8
  • Article   168 Relationship with Trademarks 8
  • Article   169 General Rules 8
  • Article   170 Cooperation and Transparency 8
  • Article   171 Geographical Indications Sub-Committee 8
  • Subsection   4 Designs 8
  • Article   172 International Agreements 8
  • Article   173 Protection of Registered Designs 8
  • Article   174 Exceptions and Exclusions 9
  • Article   175 Relationship to Copyright 9
  • Subsection   5 Patents 9
  • Article   176 International Agreements 9
  • Article   177 Patents and Public Health 9
  • Article   178 Supplementary Protection Certificate 9
  • Article   179 Protection of Data Submitted to Obtain a Marketing Authorisation for Medicinal Products  (1) 9
  • Article   180 Protection of Data to Obtain a Marketing Authorisation for Plant Protection Products 9
  • Article   181 Plant Varieties 9
  • Section   3 Enforcement of Intellectual Property Rights 9
  • Article   182 General Obligations 9
  • Article   183 Entitled Applicants 9
  • Subsection   1 Civil Enforcement 9
  • Article   184 Measures for Preserving Evidence 9
  • Article   185 Right of Information 9
  • Article   186 Provisional Measures 9
  • Article   187 Measures Resulting from a Decision on the Merits of the Case 9
  • Article   188 Damages 9
  • Article   189 Legal Costs 9
  • Article   190 Publication of Judicial Decisions 9
  • Article   191 Presumption of Authorship or Ownership 9
  • Subsection   2 Other Provisions 9
  • Article   192 Border Measures 9
  • Article   193 Codes of Conduct 9
  • Article   194 Cooperation 9
  • Chapter   10 Competition 9
  • Article   195 Principles 9
  • Article   196 Antitrust and Mergers Legislation and Its Implementation 9
  • Article   197 State Monopolies, State Enterprises and Enterprises Entrusted with Special or Exclusive Rights 9
  • Article   198 Subsidies 9
  • Article   199 Dispute Settlement 9
  • Article   200 Relationship with the WTO 9
  • Article   201 Confidentiality 9
  • Chapter   11 Trade-related Energy Provisions 9
  • Article   202 Definitions 9
  • Article   203 Transit 9
  • Article   204 Unauthorised Taking of Goods In Transit 9
  • Article   205 Uninterrupted Transit 9
  • Article   206 Transit Obligation for Operators 9
  • Article   207 Regulatory Authorities 10
  • Article   208 Organisation of Markets 10
  • Article   209 Access to Energy Transport Facilities 10
  • Article   210 Relationship with the Energy Community Treaty 10
  • Chapter   12 Transparency 10
  • Article   211 Definitions 10
  • Article   212 Objective 10
  • Article   213 Publication 10
  • Article   214 Enquiries and Contact Points 10
  • Article   215 Administration of Measures of General Application 10
  • Article   216 Review and Appeal 10
  • Article   217 Regulatory Quality and Performance and Good Administrative Behaviour 10
  • Article   218 Specific Rules 10
  • Chapter   13 Trade and Sustainable Development 10
  • Article   219 Context and Objectives 10
  • Article   220 Right to Regulate and Levels of Protection 10
  • Article   221 Multilateral Labour Standards and Agreements 10
  • Article   222 Multilateral Environmental Governance and Agreements 10
  • Article   223 Trade and Investment Promoting Sustainable Development 10
  • Article   224 Biological Diversity 10
  • Article   225 Sustainable Management of Forests and Trade In Forest Products 10
  • Article   226 Trade In Fish Products 10
  • Article   227 Upholding Levels of Protection 10
  • Article   228 Scientific Information 10
  • Article   229 Transparency 10
  • Article   230 Review of Sustainability Impacts 10
  • Article   231 Working Together on Trade and Sustainable Development 10
  • Article   232 Institutional Set-up and Overseeing Mechanisms 10
  • Article   233 Joint Civil Society Dialogue Forum 10
  • Article   234 Government Consultations 10
  • Article   235 Panel of Experts 11
  • Chapter   14 Dispute Settlement 11
  • Section   1 Objective and Scope 11
  • Article   236 Objective 11
  • Article   237 Scope of Application 11
  • Section   2 Consultations and Mediation 11
  • Article   238 Consultations 11
  • Article   239 Mediation 11
  • Section   3 Dispute Settlement Procedures 11
  • Subsection   1 Arbitration Procedure 11
  • Article   240 Initiation of the Arbitration Procedure 11
  • Article   241 Establishment of the Arbitration Panel 11
  • Article   242 Preliminary Ruling on Urgency 11
  • Article   243 Arbitration Panel Report 11
  • Article   244 Conciliation for Urgent Energy Disputes 11
  • Article   245 Notification of the Ruling of the Arbitration Panel 11
  • Subsection   2 Compliance 11
  • Article   246 Compliance with the Arbitration Panel Ruling 11
  • Article   247 Reasonable Period of Time for Compliance 11
  • Article   248 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 11
  • Article   249 Temporary Remedies In Case of Non-compliance 11
  • Article   250 Remedies for Urgent Energy Disputes 11
  • Article   251 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance 11
  • Article   252 Replacement of Arbitrators 11
  • Subsection   3 Common Provisions 11
  • Article   253 Suspension and Termination of Arbitration and Compliance Procedures 11
  • Article   254 Mutually Agreed Solution 11
  • Article   255 Rules of Procedure 11
  • Article   256 Information and Technical Advice 11
  • Article   257 Rules of Interpretation 11
  • Article   258 Decisions and Rulings of the Arbitration Panel 11
  • Section   4 General Provisions 11
  • Article   259 Lists of Arbitrators 11
  • Article   260 Relation with WTO Obligations 11
  • Article   261 Time-limits 11
  • Title   V Economic Cooperation 11
  • Chapter   1 Economic Dialogue 11
  • Article   262 11
  • Article   263 11
  • Chapter   2 Management of Public Finances and Financial Control 11
  • Article   264 11
  • Chapter   3 Taxation 11
  • Article   265 11
  • Article   266 11
  • Article   267 11
  • Article   268 11
  • Article   269 11
  • Chapter   4 Statistics 11
  • Article   270 11
  • Article   271 12
  • Article   272 12
  • Article   273 12
  • Article   274 12
  • Title   VI Other Cooperation Policies 12
  • Chapter   1 Transport 12
  • Article   275 12
  • Article   276 12
  • Article   277 12
  • Article   278 12
  • Chapter   2 Energy Cooperation 12
  • Article   279 12
  • Article   280 12
  • Article   281 12
  • Chapter   3 Environment 12
  • Article   282 12
  • Article   283 12
  • Article   284 12
  • Article   285 12
  • Article   286 12
  • Chapter   4 Climate Action 12
  • Article   287 12
  • Article   288 12
  • Article   289 12
  • Article   290 12
  • Article   291 12
  • Chapter   5 Industrial and Enterprise Policy, Innovation and Mining 12
  • Article   292 12
  • Article   293 12
  • Article   294 12
  • Chapter   6 Company Law, Accounting and Auditing and Corporate Governance 12
  • Article   295 12
  • Article   296 12
  • Article   297 12
  • Chapter   7 Financial Services 12
  • Article   298 12
  • Article   299 12
  • Article   300 12
  • Article   301 12
  • Chapter   8 Cooperation In the Field of Information Society 12
  • Article   302 12
  • Article   303 12
  • Article   304 12
  • Chapter   9 Tourism 12
  • Article   305 13
  • Article   306 13
  • Article   307 13
  • Article   308 13
  • Chapter   10 Agriculture and Rural Development 13
  • Article   309 13
  • Article   310 13
  • Article   311 13
  • Chapter   11 Fisheries and Maritime Governance 13
  • Section   1 Fisheries Policy 13
  • Article   312 13
  • Article   313 13
  • Article   314 13
  • Section   2 Maritime Policy 13
  • Article   315 13
  • Article   316 13
  • Article   317 13
  • Chapter   12 Cooperation In Research, Technological Development and Demonstration 13
  • Article   318 13
  • Article   319 13
  • Chapter   13 Consumer Policy 13
  • Article   320 13
  • Article   321 13
  • Chapter   14 Employment, Social Policy and Equal Opportunities 13
  • Article   322 13
  • Article   323 13
  • Article   324 13
  • Article   325 13
  • Article   326 13
  • Article   327 13
  • Chapter   15 Public Health 13
  • Article   328 13
  • Article   329 13
  • Chapter   16 Education, Training and Youth 13
  • Article   330 13
  • Article   331 13
  • Article   332 13
  • Chapter   17 Cooperation In the Cultural Field 13
  • Article   333 13
  • Article   334 13
  • Chapter   18 Cooperation In the Audiovisual and Media Fields 13
  • Article   335 13
  • Article   336 13
  • Article   337 14
  • Article   338 14
  • Chapter   19 Cooperation In the Field of Sport and Physical Activity 14
  • Article   339 14
  • Chapter   20 Civil Society Cooperation 14
  • Article   340 14
  • Article   341 14
  • Article   342 14
  • Chapter   21 Regional Development and Regional Level Cooperation 14
  • Article   343 14
  • Article   344 14
  • Chapter   22 Civil Protection 14
  • Article   345 14
  • Article   346 14
  • Article   347 14
  • Article   348 14
  • Title   VII Financial Assistance, and Anti-fraud and Control Provisions 14
  • Chapter   1 Financial Assistance 14
  • Article   349 14
  • Article   350 14
  • Article   351 14
  • Title   VII Institutional, General, and Final Provisions 14
  • Chapter   1 Institutional Framework 14
  • Article   352 14
  • Article   353 Strategic Partnership and Cooperation Forum 14
  • Article   354 14
  • Article   355 14
  • Chapter   2 General and Final Provisions 14
  • Article   356 Access to Courts and Administrative Organs 14
  • Article   357 Security Exceptions 14
  • Article   358 Non-discrimination 14
  • Article   359 Fulfilment of Obligations 14
  • Article   360 Dispute Settlement 14
  • Article   361 Appropriate Measures In Case of Non-fulfilment of Obligations 14
  • Article   362 14
  • Article   363 Annexes and Protocols 14
  • Article   364 Duration 14
  • Article   365 Territorial Application 14
  • Article   366 Entry Into Force and Provisional Application 14
  • Article   367 Reference to EU Law 14
  • Article   368 Authentic Texts 14
  • 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 14
  • Annex XI-A  LIST OF RESERVATIONS ON ESTABLISHMENT (United Kingdom) 15
  • Annex XI-E  LIST OF RESERVATIONS ON ESTABLISHMENT (GEORGIA)  (1) 15
  • Annex XV  MEDIATION MECHANISM 15
  • I Objective 15
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 15
  • 2 Request for Information 15
  • 3 Initiation of the Procedure 15
  • 4 Selection of the Mediator 15
  • 5 Rules of the Mediation Procedure 15
  • Section   2 IMPLEMENTATION 15
  • 6 Implementation of a Mutually Agreed Solution 15
  • Section   3 GENERAL PROVISIONS 15
  • 7 Confidentiality and Relationship to Dispute Settlement 15
  • 8 Time-limits 15
  • 9 Costs 15
  • Annex XVI  RULES OF PROCEDURE FOR DISPUTE SETTLEMENT 15
  • Annex XVII  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 16