EU - Kyrgyzstan Enhanced Partnership and Cooperation Agreement (2024)
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4. By way of derogation from paragraph 2 of this Article, a design shall, under the conditions set out in Article 113(1), subsist in a design which has the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system.

Article 117. Relationship to Copyright

Each Party shall ensure that a design, including unregistered design, is eligible for protection under its copyright law as from the date on which the design was created or fixed in any form. Each Party shall determine the extent to which, and the conditions under which, such protection is conferred, including the level of originality required.

Subsection 4. GEOGRAPHICAL INDICATIONS

Article 118. Scope

1. For the purposes of this Sub-Section, "geographical indication" means a geographical indication as defined in Article 22(1) of the TRIPS Agreement (17) .

2. This Sub-Section applies to the recognition and protection of geographical indications originating in the territories of the Parties.

3. Geographical indications of a Party which are to be protected by the other Party shall only be subject to this Sub-Section if covered by the scope of the legislation referred to in Article 119.

(17) For greater certainty, the Kyrgyz Republic reaffirms its commitments in the framework of the TRIPS Agreement and in particular that its legislation providing for appellations of origin of goods with a definition is in line with article 22(1) of the TRIPS Agreement.

Article 119. Procedures

1. Having examined the legislation of the Kyrgyz Republic listed in Section A of Annex 8-A, the European Union concludes that that legislation contains the elements for the registration and control of geographical indications set out in Section B of Annex 8-A.

2. Having examined the legislation of the European Union listed in Section A of Annex 8-A, the Kyrgyz Republic concludes that that legislation contains the elements for the registration and control of geographical indications set out in Section B of Annex 8-A.

3. Following the completion of an opposition procedure in accordance with the criteria set out in Annex 8-B and an examination of the geographical indications for products of the European Union to be protected in the Kyrgyz Republic listed in Section A of the Annex 8-C which have been registered by the European Union under the legislation referred to in paragraph 2 of this Article, the Kyrgyz Republic shall protect those geographical indications according to the level of protection laid down in this Sub-Section.

4. Following the completion of an opposition procedure in accordance with the criteria set out in Annex 8-B and an examination of the geographical indications for products of the Kyrgyz Republic to be protected in the European Union listed in Section B of the Annex 8-C which have been registered by the Kyrgyz Republic under the legislation referred to in paragraph 1 of this Article, the European Union shall protect those geographical indications according to the level of protection laid down in this Sub-Section.

Article 120. Amendment of the List of Geographical Indications

The Parties may amend the list of geographical indications to be protected in Annex 8-C in accordance with Article 27. New geographical indications shall be added following the completion of the opposition procedure and their examination as referred to in Article 119(3) or (4).

Article 121. Protection of Geographical Indications

1. The geographical indications listed in Annex 8-C, including the geographical indications added in accordance with Article 120, shall be protected against:

(a) any direct or indirect commercial use of a protected name:

(i) for comparable products not compliant with the product specification of the protected name; or

(ii) in so far as such use exploits the reputation of a geographical indication, including when that product is used as an ingredient;

(b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar, including when those products are used as an ingredient;

(c) any other false or misleading indication as to the origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin, including when those products are used as an ingredient; and

(d) any other practice liable to mislead the consumer as to the true origin of the product.

2. Geographical indications listed in Annex 8-C, including ones added in accordance with Article 120, shall not become generic in the territories of the Parties.

3. Nothing in this Agreement shall oblige a Party to protect a geographical indication of the other Party which is not, or ceases to be, protected in the territory of origin. Each Party shall notify the other Party if a geographical indication ceases to be protected in the territory of that Party of origin. Such notification shall take place in accordance with Article 154.

4. Nothing in this Agreement shall prejudice the right of any person to use, in the course of trade, the name of that person and/or the name of the predecessor of that person in business, except where that name is used in such a manner to mislead the public.

Article 122. Right of Use of Geographical Indications

1. A name protected under this Agreement may be used by any natural or legal person marketing a product which conforms to the corresponding specification.

2. Once a geographical indication is protected under this Sub-Section, the use of such protected name shall not be subject to any registration of users or related charges.

Article 123. Relationship to Trademarks

1. The Parties shall, where a geographical indication is protected under this Agreement, refuse to register a trademark the use of which would be contrary to Article 121(1), provided an application to register the trademark is submitted after the date of submission of the application for protection of the geographical indication in the territory of the Party concerned.

2. For geographical indications referred to in Article 119, the date of submission of the application for protection referred to in paragraph 1 of this Article shall be the date of entry into force of this Agreement.

3. Trademarks registered in breach of paragraph 1 shall be invalidated.

4. For geographical indications referred to in Article 120, the date of submission of the application for protection referred to in paragraph 1 of this Article shall be the date of the transmission of a request to the other Party to protect a geographical indication.

5. Without prejudice to paragraph 7, each Party shall protect geographical indications also where a prior trademark exists. A "prior trademark" means a trademark the use of which is contrary to Article 121(1) and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement.

6. A prior trademark may continue to be used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the invalidity or revocation of the trademark exist in the legislation on trademarks of each Party. In such cases, the use of the protected geographical indication as well as the use of the relevant trademarks shall be permitted.

7. A Party shall not be required to protect a name as a geographical indication under this Agreement if, in light of a trademark's reputation and renown and the length of time it has been used, that name is liable to mislead the consumer as to the true identity of the product.

Article 124. Enforcement of Protection

Each Party shall enforce the protection provided for in Articles 119 to 123 by appropriate administrative and judicial measures or at the request of an interested party to prevent or stop the unlawful use of a protected geographical indication.

Article 125. General Rules

1. This Agreement shall apply without prejudice to the rights and obligations of the Parties under the WTO Agreement.

2. A Party shall not be required to protect a name as a geographical indication under this Agreement if that name conflicts with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product.

3. A homonymous name which misleads consumers into believing that a product comes from another territory shall not be protected even if the name is accurate as far as the actual territory, region or place of origin of the product in question is concerned. Without prejudice to Article 23 of the TRIPS Agreement, the Parties shall mutually decide on the practical conditions of use under which wholly or partially homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

4. When a Party, in the context of bilateral negotiations with a third party, proposes to protect a geographical indication of that third party which is wholly or partially homonymous with a geographical indication of the other Party protected under this Agreement, it may inform the other Party thereof and give it an opportunity to comment before the geographical indication of the third party becomes protected.

5. Any matter arising from product specifications of protected geographical indications shall be dealt with in the Intellectual Property Rights Sub-Committee referred to in Article 154.

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

7. A product specification referred to in this Agreement shall be that which is approved, including any amendments also approved, by the authorities of the Party in which the product originates.

Article 126. Transitional Provisions

1. Nothing in this Chapter shall oblige a Party to implement the protection given to geographical indications listed in Annex 8-C as provided in Articles 118 to 125 during a transitional period of a maximum of seven years after the entry into force of this Agreement.

2. A Party shall refuse to register a trademark that corresponds to any of the situations referred to in Article 121 in relation to a protected geographical indication for like products, provided that an application for that trademark is submitted for protection in the territory concerned after the entry into force of this Title.

3. A trademark registered in breach of paragraph 2 shall be invalidated.

4. Subsequent to the transition period set in paragraph 1, for a transitional period of three years, the protection pursuant to this Agreement of the following geographical indications for products of the European Union shall not preclude those geographical indications from being used in order to designate and present certain comparable products originating in Kyrgyz Republic:

(a) Φέτα (Feta);

(b) Calvados;

(c) Asti;

(d) České pivo.

5. Subsequent to the transition period set in paragraph 1, for a transitional period of eight years, the protection pursuant to this Agreement of the following geographical indications for products of the European Union shall not preclude those geographical indications from being used in order to designate and present certain comparable products originating in the Kyrgyz Republic:

(a) Champagne;

(b) Cognac.

6. Products which were produced and labelled in conformity with law of a Party before this Agreement entered into force but which do not comply with the requirements of this Agreement, may continue to be sold until stocks run out.

7. Products which were produced and labelled, in conformity with a Party's law, with the geographical indications listed in paragraphs 4 and 5 after this Agreement entered into force and before the termination of the transitional periods referred to in paragraphs 4 and 5, but which do not comply with the requirements of this Sub-Section, may continue to be sold until stocks run out.

Article 127. Technical Assistance

For the purpose of facilitating the implementation of this Sub-Section in the Kyrgyz Republic, as well as assisting the industry of the Kyrgyz Republic, the European Union shall provide to the Kyrgyz Republic, subject to its request and according to its needs, adequate technical assistance in conformity with European Union law.

Subsection 5. PATENTS

Article 128. International Agreements

Each Party shall ensure that the procedures provided under the Patent Cooperation Treaty (PCT), done at Washington on 19 June 1970 are available in its territory and shall make all reasonable efforts to comply with the Patent Law Treaty, adopted in Geneva on 1 June 2000.

Article 129. Patents and Public Health

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

2. Each Party shall implement Article 31bis of the TRIPS Agreement, as well as the Annex to the TRIPS Agreement and Appendix to the Annex to the TRIPS Agreement, which entered into force on 23 January 2017.

Article 130. Further Protection for Medicinal Products (18)

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

2. Each Party shall provide for an adequate and effective mechanism to compensate the patent owner for the reduction in the effective patent life resulting from unreasonable delays (19) in the granting of the first marketing authorisation in its respective territory in accordance with its law.

3. As an alternative to paragraph 2, a Party may provide for further protection for a medicinal product which is protected by a patent and which has been subject to a marketing authorisation procedure, for a period equal to the period which elapsed between the date on which the application for a patent was filed and the date of the first marketing authorisation to place the product on the market in the Party, reduced by a period of five years. The duration of such further protection shall not exceed five years. That period may be extended for a further six months in the case of medicinal products for which paediatric studies have been carried out, and the results of those studies are reflected in the product information.

(18) For the purposes of this Chapter, "medicinal product" means at least any substance or combination of substances which: (a) are presented as having properties for treating or preventing disease in human beings or animals; or (b) may be used in or administered to human beings or animals either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
(19) For the purposes of this Article, an "unreasonable delay" includes at least a delay of more than two years in the first response to the applicant following the date of filing of the application for marketing authorisation. Any delays that occur in the granting of a marketing authorisation due to periods attributable to the applicant or any period that is out of control of the marketing authorisation authority need not be included in the determination of such delay.

Article 131. Extension of the Period of Protection Conferred by a Patent 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. The Parties recognise that plant protection products protected by a patent in their respective territories may be subject to an administrative authorisation procedure before being put on their market. The Parties recognise that the period that elapses between the filing of the application for a patent and the first authorisation to place the product on their respective market, as defined for that purpose by the relevant legislation, may shorten the period of effective protection under the patent.

3. Each Party shall provide for further protection for a plant protection product which is protected by a patent and which has been subject to an administrative authorisation procedure, for a period being equal to the period referred to in the second sentence of paragraph 2, reduced by five years.

4. Notwithstanding paragraph 3, the duration of the further period of protection shall not exceed five years.

Subsection 6. PROTECTION OF UNDISCLOSED INFORMATION

Article 132. Scope of Protection of Trade Secrets

1. In fulfilling its obligation to comply with the TRIPS Agreement, and in particular Article 39(1) and (2) of the TRIPS Agreement, each Party shall provide for appropriate civil judicial procedures and remedies for any trade secret holder to prevent, and obtain redress for, the acquisition, use or disclosure of a trade secret whenever carried out in a manner contrary to honest commercial practices.

2. For the purposes of this Sub-Section:

(a) "trade secret" means information that:

(i) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(ii) has commercial value because it is secret; and

(iii) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret;

(b) "trade secret holder" means any natural or legal person lawfully controlling a trade secret.

3. For the purposes of this Sub-Section, at least the following forms of conduct shall be considered contrary to honest commercial practices:

(a) the acquisition of a trade secret without the consent of the trade secret holder, whenever carried out by unauthorised access to, appropriation of, or copying of any documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced;

(b) the use or disclosure of a trade secret whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions:

(i) having acquired the trade secret in a manner referred to in point (a);

(ii) being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; or

(iii) being in breach of a contractual or any other duty to limit the use of the trade secret;

(c) the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of point (b).

4. Nothing in this Sub-Section shall be understood as requiring any Party to consider any of the following forms of conduct to be contrary to honest commercial practices:

(a) independent discovery or creation;

(b) reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;

(c) acquisition, use or disclosure of information required or allowed by the law of a Party;

(d) use by employees of their experience and skills honestly acquired in the normal course of their employment.

5. Nothing in this Sub-Section shall be understood as restricting freedom of expression and information, including media freedom as protected in the jurisdiction of each of the Parties.

Article 133. Civil Procedures and Remedies for Trade Secret Holders

1. Each Party shall ensure that any person participating in the civil judicial procedures referred to in Article 132, or who has access to documents which form part of those procedures, is not permitted to use or disclose any trade secret or alleged trade secret which the judicial authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which they have become aware as a result of such participation or access.

2. In the civil judicial procedures referred to in Article 132, each Party shall provide that its judicial authorities have the authority at least to:

(a) order provisional measures to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;

(b) order injunctive relief to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;

(c) order the person that knew or ought to have known that he, she or it was acquiring, using or disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade secret holder adequate damages to compensate for the actual prejudice suffered as a result of such acquisition, use or disclosure of the trade secret;

(d) take specific measures to preserve the confidentiality of any trade secret or alleged trade secret produced in civil judicial procedures relating to the alleged acquisition, use and disclosure of a trade secret in a manner contrary to honest commercial practices; such specific measures may include, in accordance with the law of a relevant Party, the possibility of:

(i) restricting access to certain documents in whole or in part;

(ii) restricting access to hearings and their corresponding records or transcript; and

(iii) making available a non-confidential version of judicial decision in which the passages containing trade secrets have been removed or redacted; and

(e) impose sanctions on any persons participating in the legal proceedings who fail or refuse to comply with the court orders concerning the protection of the trade secret or alleged trade secret.

3. Each Party shall not be required to provide for the civil judicial procedures and remedies referred to in Article 132 when the conduct contrary to honest commercial practices is carried out, in accordance with the relevant law of a Party, to reveal misconduct, wrongdoing or illegal activity or for the purpose of protecting a legitimate interest recognised by its law.

Article 134. Data Protection for Medicinal Products (20)

1. In order to implement Article 39 of the TRIPS Agreement, and in the course of ensuring effective protection against unfair competition as provided for in Article 10bis of the Paris Convention, each Party shall protect commercially confidential information submitted to obtain an authorisation to place medicinal product on the market (hereinafter referred to as the "marketing authorisation") against disclosure to third parties, unless steps are taken to ensure that the data are protected against unfair commercial use and except where the disclosure is necessary for an overriding public interest.

2. If a Party requires, as a condition for approving the marketing of medicinal product, the submission of undisclosed test data or other data, the origination of which involves a considerable effort, the Party shall protect such data against unfair commercial use. In addition, each Party shall protect such data against disclosure, except where necessary to protect the public interest.

3. Each Party shall ensure that, for a period of at least five years, the authority responsible for the granting of the marketing authorisation does not accept any subsequent application for a marketing authorisation that refers to the data referred to in paragraph 2 submitted in the application for the first marketing authorisation without explicit consent of the holder of the first marketing authorisation, except where necessary to protect the public interest.

(20) For the purposes of this Article, "public interest" includes public health in accordance with the Doha Declaration and domestic legislation.

Article 135. Data Protection for Plant Protection Products

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

2. The test or study report should be:

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

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

3. The period of data protection shall be at least 10 years from the first authorisation granted by the concerned authority in the Party concerned. For low-risk plant protection products, the period can be extended to 13 years.

4. The period of data protection shall be extended by three months for each extension of authorisation for minor uses if the applications for such authorisations are made by the authorisation holder 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.

5. 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 of data protection shall be 30 months.

6. Notwithstanding paragraphs 3, 4 and 5, the public body responsible for the granting of a marketing authorisation shall not take into account the information referred to in paragraphs 1 and 2 for any successive marketing authorisation, regardless of whether or not it has been made available to the public.

7. Each Party shall lay down measures obliging the applicant and holders of previous authorisations established in the Parties' respective territories, to share proprietary information, so as to avoid duplicative testing on vertebrate animals.

Subsection 7. PLANT VARIETIES

Article 136. General Provisions

Each Party shall protect plant variety rights, in accordance with the International Convention for the Protection of New Varieties of Plants (hereinafter referred to as the "UPOV Convention"), including the optional exceptions to the breeder's right as referred to in Article 15(2) of the UPOV Convention, and co-operate to promote and enforce those rights.

Section C. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Subsection 1. CIVIL AND ADMINISTRATIVE ENFORCEMENT

Article 137. General Obligations

1. The Parties reaffirm their commitments under the TRIPS Agreement and in particular Part III thereof, and shall provide for the measures, procedures and remedies necessary to ensure that intellectual property rights are enforced. Such 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. For the purposes of Section C of this Chapter, the term "intellectual property rights" shall not include rights covered by Sub-Section 6 of Section B of this Chapter.

2. The measures, procedures and remedies referred to in paragraph 1 shall be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to trade and the Parties shall provide for safeguards against their abuse.

Article 138. Persons Entitled to Request the Application of Measures, Procedures and Remedies

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

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

Article 139. Evidence

1. Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the judicial authorities are able, on application by a person who has presented reasonably available evidence to support his or her claims that his or her intellectual property right has been infringed or is about to be infringed, to order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information. In ordering provisional measures, the judicial authorities shall take into account the legitimate interests of the alleged infringer.

2. The provisional measures referred to in paragraph 1 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 or distribution of such goods and the documents relating thereto.

3. Each Party shall take the measures necessary, in cases of infringement of an intellectual property right committed on a commercial scale, to enable the judicial authorities to order, where appropriate, on application by a person, the communication of banking, financial or commercial documents under the control of the opposing person, subject to the protection of confidential information.

Article 140. Right of Information

1. Each Party shall ensure that, during civil judicial procedures concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the judicial authorities are able to order the infringer or any other person which is party to a litigation or a witness therein to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right.

  • Title   I OBJECTIVES AND GENERAL PRINCIPLES 1
  • Article   1 Objectives 1
  • Article   2 General Principles 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 Democracy and the Rule of Law 1
  • Article   5 Human Rights and Fundamental Freedoms 1
  • Article   6 Civil Society 1
  • Article   7 Foreign and Security Policy 1
  • Article   8 Serious Crimes of Concern to the International Community 1
  • Article   9 Conflict Prevention and Crisis Management 1
  • Article   10 Regional Cooperation and Peaceful Resolution of Conflicts 1
  • Article   11 Countering Proliferation of WMD 1
  • Article   12 Small Arms and Light Weapons and Conventional Arms Export Control 1
  • Title   III JUSTICE, FREEDOM AND SECURITY 1
  • Article   13 Protection of Personal Data 1
  • Article   14 Cooperation on Migration, Asylum and Border Management 1
  • Article   15 Readmission and the Fight Against Illegal Migration 1
  • Article   16 Anti-money Laundering and Combating the Financing of Terrorism 1
  • Article   17 Illicit Drugs 1
  • Article   18 Fight Against Organised Crime and Corruption 1
  • Article   19 Counter-terrorism 1
  • Article   20 Judicial and Legal Cooperation 1
  • Article   21 Consular Protection 1
  • Title   IV TRADE AND TRADE RELATED MATTERS 2
  • Chapter   1 HORIZONTAL PROVISIONS 2
  • Article   22 Objectives 2
  • Article   23 Definitions 2
  • Article   24 Relation to other International Agreements 2
  • Article   25 References to Laws and Regulations and other Agreements 2
  • Article   26 Right of Action Under Domestic Law 2
  • Article   27 Specific Tasks of the Cooperation Council Acting In Its Trade Configuration 2
  • Article   28 Specific Tasks of the Cooperation Committee Acting In Its Trade Configuration 2
  • Article   29 Coordinators 2
  • Article   30 Sub-Committees 2
  • Chapter   2 TRADE IN GOODS 2
  • Article   31 Scope 2
  • Article   32 Definitions 2
  • Article   33 Most-favoured-nation Treatment 2
  • Article   34 National Treatment 2
  • Article   35 Import and Export Restrictions 2
  • Article   36 Export Duties, Taxes or other Charges 2
  • Article   37 Dual-use Export Controls 2
  • Article   38 Fees and Formalities 2
  • Article   39 Remanufactured Goods 2
  • Article   40 Temporary Admission of Goods 2
  • Article   41 Transit 2
  • Article   42 Import and Export Monopolies 2
  • Article   43 Origin Marking 2
  • Article   44 Import Licensing Procedures 2
  • Article   45 Export Licensing Procedures (5) 2
  • Article   46 Trade Remedies 2
  • Article   47 Transparency of Trade Defence Instruments 3
  • Chapter   3 CUSTOMS 3
  • Article   48 Customs Cooperation 3
  • Article   49 Mutual Administrative Assistance 3
  • Article   50 Customs Valuation 3
  • Chapter   4 TECHNICAL BARRIERS TO TRADE 3
  • Article   51 Objective 3
  • Article   52 Scope 3
  • Article   53 Relationship with the TBT Agreement 3
  • Article   54 Technical Regulations 3
  • Article   55 Standards 3
  • Article   56 Conformity Assessment 3
  • Article   57 Cooperation In the Field of Technical Barriers to Trade 3
  • Article   58 Transparency 3
  • Article   59 Marking and Labelling 3
  • Article   60 Consultations 3
  • Article   61 TBT Chapter Coordinator 3
  • Chapter   5 SANITARY AND PHYTOSANITARY MATTERS 3
  • Article   62 Objective 3
  • Article   63 Multilateral Obligations 3
  • Article   64 Principles 3
  • Article   65 Import Requirements 3
  • Article   66 Measures Linked to Animal and Plant Health 3
  • Article   67 Inspections and Audits 3
  • Article   68 Exchange of Information and Cooperation 3
  • Article   69 Transparency 3
  • Chapter   6 TRADE IN SERVICES AND INVESTMENT 4
  • Article   70 Objective, Scope and Coverage 4
  • Article   71 Definitions 4
  • Article   72 Most-favoured-nation Treatment and National Treatment 4
  • Article   73 Horizontal Limitation on Services 4
  • Article   74 Prudential Carve-out 4
  • Article   75 Denial of Benefits 4
  • Article   76 Intra-corporate Transferees 4
  • Article   77 Progressive Liberalisation of Investment 4
  • Article   78 Standstill Clause 4
  • Article   79 Cross-border Supply of Services 4
  • Article   80 Cooperation for a Market-oriented Service Sector In the Kyrgyz Republic 4
  • Article   81 Maritime Transport Services 4
  • Article   82 Other Transport Services 4
  • Chapter   7 CAPITAL MOVEMENTS, PAYMENTS AND TRANSFERS AND TEMPORARY SAFEGUARD MEASURES 4
  • Article   83 Current Account 4
  • Article   84 Capital Movements 4
  • Article   85 Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers 4
  • Article   86 Temporary Safeguard Measures 4
  • Article   87 Restrictions In Case of Balance-of-payments and External Financing Difficulties 4
  • Chapter   8 Intellectual Property Rights 4
  • Section   A GENERAL PROVISIONS 4
  • Article   88 Objectives 4
  • Article   89 Nature and Scope of Obligations 4
  • Article   90 Exhaustion 4
  • Article   91 National Treatment 4
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 5
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 5
  • Article   92 International Agreements 5
  • Article   93 Authors 5
  • Article   94 Performers 5
  • Article   95 Producers of Phonograms 5
  • Article   96 Broadcasting Organisations 5
  • Article   97 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes (15) 5
  • Article   98 Term of Protection 5
  • Article   99 Resale Right 5
  • Article   100 Collective Management of Rights 5
  • Article   101 Exceptions and Limitations 5
  • Article   102 Protection of Technological Measures 5
  • Article   103 Obligations Concerning Rights Management Information 5
  • Subsection   2 TRADEMARKS 5
  • Article   104 International Agreements 5
  • Article   105 Signs of Which a Trademark May Consist 5
  • Article   106 Rights Conferred by a Trademark, Including on Goods In Transit 5
  • Article   107 Registration Procedure 5
  • Article   108 Well-known Trademarks 5
  • Article   109 Exceptions to the Rights Conferred by a Trademark 5
  • Article   110 Grounds for Revocation 5
  • Article   111 Bad-faith Applications 5
  • Subsection   3 DESIGNS 5
  • Article   112 International Agreements 5
  • Article   113 Protection of Registered Designs 5
  • Article   114 Duration of Protection 5
  • Article   115 Protection of Unregistered Designs 5
  • Article   116 Exceptions and Exclusions 5
  • Article   117 Relationship to Copyright 6
  • Subsection   4 GEOGRAPHICAL INDICATIONS 6
  • Article   118 Scope 6
  • Article   119 Procedures 6
  • Article   120 Amendment of the List of Geographical Indications 6
  • Article   121 Protection of Geographical Indications 6
  • Article   122 Right of Use of Geographical Indications 6
  • Article   123 Relationship to Trademarks 6
  • Article   124 Enforcement of Protection 6
  • Article   125 General Rules 6
  • Article   126 Transitional Provisions 6
  • Article   127 Technical Assistance 6
  • Subsection   5 PATENTS 6
  • Article   128 International Agreements 6
  • Article   129 Patents and Public Health 6
  • Article   130 Further Protection for Medicinal Products (18) 6
  • Article   131 Extension of the Period of Protection Conferred by a Patent on Plant Protection Products 6
  • Subsection   6 PROTECTION OF UNDISCLOSED INFORMATION 6
  • Article   132 Scope of Protection of Trade Secrets 6
  • Article   133 Civil Procedures and Remedies for Trade Secret Holders 6
  • Article   134 Data Protection for Medicinal Products (20) 6
  • Article   135 Data Protection for Plant Protection Products 6
  • Subsection   7 PLANT VARIETIES 6
  • Article   136 General Provisions 6
  • Section   C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 6
  • Subsection   1 CIVIL AND ADMINISTRATIVE ENFORCEMENT 6
  • Article   137 General Obligations 6
  • Article   138 Persons Entitled to Request the Application of Measures, Procedures and Remedies 6
  • Article   139 Evidence 6
  • Article   140 Right of Information 6
  • Article   141 Provisional and Precautionary Measures 7
  • Article   142 Remedies 7
  • Article   143 Injunctions 7
  • Article   144 Alternative Measures 7
  • Article   145 Damages 7
  • Article   146 Legal Costs 7
  • Article   147 Publication of Judicial Decisions 7
  • Article   148 Presumption of Authorship or Ownership 7
  • Article   149 Administrative Procedures 7
  • Subsection   2 BORDER ENFORCEMENT 7
  • Article   150 Border Measures 7
  • Article   151 Consistency with GATT 1994 and the TRIPS Agreement 7
  • Section   D FINAL PROVISIONS 7
  • Article   152 Cooperation 7
  • Article   153 Voluntary Stakeholder Initiatives 7
  • Article   154 Institutional Provisions 7
  • Chapter   9 GOVERNMENT PROCUREMENT 7
  • Article   155 Definitions 7
  • Article   156 Scope 7
  • Article   157 Security and General Exceptions 7
  • Article   158 General Principles 8
  • Article   159 Information on the Procurement System 8
  • Article   160 Notices 8
  • Article   161 Conditions for Participation 8
  • Article   162 Qualification of Suppliers 8
  • Article   163 Technical Specifications and Tender Documentation 8
  • Article   164 Time Periods 9
  • Article   165 Negotiation 9
  • Article   166 Limited Tendering 9
  • Article   167 Electronic Auctions 9
  • Article   168 Treatment of Tenders and Awarding of Contracts 9
  • Article   169 Transparency of Procurement Information 9
  • Article   170 Disclosure of Information 9
  • Article   171 Domestic Review Procedures 9
  • Article   172 Modifications and Rectifications to Coverage 9
  • Article   173 Institutional Provisions 9
  • Article   174 Transitional Period 10
  • Chapter   10 TRADE AND SUSTAINABLE DEVELOPMENT 10
  • Article   175 Context and Objectives 10
  • Article   176 Right to Regulate and Levels of Protection 10
  • Article   177 Multilateral Environmental Agreements and Labour Conventions 10
  • Article   178 Trade and Investment Favouring Sustainable Developments 10
  • Article   179 Dispute Settlement 10
  • Chapter   11 ANTICOMPETITIVE CONDUCT, MERGER CONTROL AND SUBSIDIES 10
  • Article   180 Principles 10
  • Article   181 Competitive Neutrality 10
  • Article   182 Economic Activities 10
  • Section   A ANTICOMPETITIVE CONDUCT AND MERGER CONTROL 10
  • Article   183 Legislative Framework 10
  • Article   184 Services of General Economic Interest 10
  • Article   185 Implementation 10
  • Article   186 Cooperation 10
  • Article   187 Non-application of Dispute Settlement 10
  • Section   B SUBSIDIES 10
  • Article   188 Definition and Scope 10
  • Article   189 Relationship with the WTO 10
  • Article   190 Transparency 10
  • Article   191 Consultations 10
  • Article   192 Subsidies Subject to Conditions 10
  • Article   193 Use of Subsidies 10
  • Chapter   12 STATE-OWNED ENTERPRISES, ENTERPRISES GRANTED SPECIAL RIGHTS OR PRIVILEGES, AND DESIGNATED MONOPOLIES 10
  • Article   194 Definitions 10
  • Article   195 Scope 10
  • Article   196 General Provisions 10
  • Article   197 Non-discriminatory Treatment and Commercial Considerations 10
  • Article   198 Regulatory Framework 10
  • Article   199 Transparency 11
  • Chapter   13 Transparency 11
  • Article   200 Definitions 11
  • Article   201 Objective 11
  • Article   202 Publication 11
  • Article   203 Enquiries 11
  • Article   204 Administration of Measures of General Application 11
  • Article   205 Review 11
  • Article   206 Regulatory Quality, Performance and Good Regulatory Practices 11
  • Article   207 Specific Provisions 11
  • Chapter   14 DISPUTE SETTLEMENT 11
  • Section   A OBJECTIVE AND SCOPE 11
  • Article   208 Objective 11
  • Article   209 Scope 11
  • Article   210 Definitions 11
  • Section   B CONSULTATIONS 11
  • Article   211 Consultations 11
  • Section   C PANEL PROCEDURES 11
  • Article   212 Initiation of Panel Procedures 11
  • Article   213 Establishment of a Panel 11
  • Article   214 Lists of Panellists 11
  • Article   215 Requirements for Panellists 11
  • Article   216 Functions of the Panel 11
  • Article   217 Terms of Reference 11
  • Article   218 Decision on Urgency 11
  • Article   219 Interim Report 11
  • Article   220 Final Report 11
  • Article   221 Compliance Measures 11
  • Article   222 Reasonable Period of Time 11
  • Article   223 Compliance Review 11
  • Article   224 Temporary Remedies 11
  • Article   225 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies 12
  • Article   226 Replacement of Panellists 12
  • Article   227 Rules of Procedure 12
  • Article   228 Suspension and Termination 12
  • Article   229 Receipt of Information 12
  • Article   230 Rules of Interpretation 12
  • Article   231 Reports and Decisions of the Panel 12
  • Article   232 Choice of Forum 12
  • Section   D MEDIATION MECHANISM 12
  • Article   233 Objective 12
  • Article   234 Request for Information 12
  • Article   235 Initiation of the Mediation Procedure 12
  • Article   236 Selection of the Mediator 12
  • Article   237 Rules of the Mediation Procedure 12
  • Article   238 Confidentiality 12
  • Article   239 Relationship to Dispute Settlement Procedures 12
  • Section   E COMMON PROVISIONS 12
  • Article   240 Mutually Agreed Solution 12
  • Article   241 Time Periods 12
  • Article   242 Costs 12
  • Article   243 Annexes 12
  • Chapter   15 EXCEPTIONS 12
  • Article   244 General Exceptions 12
  • Article   245 Taxation 12
  • Article   246 Disclosure of Information 12
  • Article   247 WTO Waivers 12
  • Title   V COOPERATION IN THE AREA OF ECONOMIC AND SUSTAINABLE DEVELOPMENT 12
  • Article   248 General Cooperation Objectives 12
  • Article   249 General Cooperation Principles 12
  • Article   250 Management of Public Finances, Financial Control and External Audit 12
  • Article   251 Cooperation In the Area of Taxation 13
  • Article   252 Cooperation In the Area of Statistics 13
  • Article   253 General Energy Cooperation Objectives 13
  • Article   254 Cooperation In the Energy Sector 13
  • Article   255 Renewable Energy Sources 13
  • Article   256 Energy Efficiency and Energy Savings 13
  • Article   257 General Transport Cooperation Objectives 13
  • Article   258 Cooperation In the Area of Transport 13
  • Article   259 General Environment Cooperation Objectives 13
  • Article   260 Cooperation In the Area of the Environment 13
  • Article   261 Integration of the Environment Into other Sectors 13
  • Article   262 Environmental Cooperation at Regional and International Level 13
  • Article   263 General Climate Change Cooperation Objectives 13
  • Article   264 Measures at Domestic, Regional and International Level 13
  • Article   265 Cooperation on Climate Change 13
  • Article   266 General Industrial and Enterprise Policy Cooperation Objectives 13
  • Article   267 Cooperation In the Area of Industrial and Enterprise Policy 13
  • Article   268 General Cooperation Objectives In the Area of Company Law 13
  • Article   269 Cooperation In the Area of Company Law 13
  • Article   270 General Cooperation Objectives In the Area of Financial Services and Markets 13
  • Article   271 General Cooperation Objectives In the Area of the Digital Economy and Society 13
  • Article   272 Cooperation In the Area of the Digital Economy and Society 13
  • Article   273 Cooperation between Regulators In the Field of Information and Communication Technologies 13
  • Article   274 General Cooperation Objectives In the Area of Tourism 13
  • Article   275 Principles of Cooperation In the Area of Sustainable Tourism 13
  • Article   276 Cooperation In the Area of Tourism 13
  • Article   277 General Agriculture and Rural Development Cooperation Objectives 13
  • Article   278 Cooperation In the Area of Agriculture and Rural Development 14
  • Article   279 General Cooperation Objectives In the Areas of Mining and Raw Materials 14
  • Article   280 Cooperation In the Areas of Mining and Raw Materials 14
  • Article   281 Areas of Research and Innovation Cooperation and General Objectives 14
  • Article   282 Cooperation In the Area of Research and Innovation 14
  • Article   283 Synergies with other Activities 14
  • Title   VI OTHER AREAS OF COOPERATION 14
  • Article   284 Cooperation In the Area of Consumer Protection 14
  • Article   285 General Cooperation Objectives In the Area of Employment, Social Security and Equal Opportunities 14
  • Article   286 ILO Conventions and Involvement of Stakeholders 14
  • Article   287 Cooperation In the Area of Employment, Social Security and Equal Opportunities 14
  • Article   288 Cooperation on the Responsible Management of Supply Chains 14
  • Article   289 General Cooperation Objectives In the Area of Health 14
  • Article   290 Cooperation In the Area of Health 14
  • Article   291 General Cooperation Objectives In the Area of Education and Training 14
  • Article   292 Cooperation In the Area of Education and Training 14
  • Article   293 Cooperation In the Area of Youth Policy 14
  • Article   294 Objectives for Cooperation In the Area of Youth Policy 14
  • Article   295 Cooperation In the Area of Culture 14
  • Article   296 Cooperation In the Areas of Media and Audiovisual Policy 14
  • Article   297 Cooperation In the Area of Sport and Physical Activity 14
  • Article   298 Cooperation In the Area of Regional Development 14
  • Article   299 Regional Policy and Cross-border Cooperation 14
  • Article   300 Cross-border Cooperation In other Areas 14
  • Article   301 Sustainable Connectivity 14
  • Article   302 Cooperation In the Area of Legislative Approximation 14
  • Article   303 Technical Assistance 14
  • Article   304 Financial and Technical Assistance 14
  • Article   305 General Principles 14
  • Article   306 Donor Coordination 14
  • Article   307 Prevention and Communication 14
  • Article   308 Cooperation with OLAF 14
  • Article   309 Investigation and Prosecution 14
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 14
  • Article   310 Cooperation Council 14
  • Article   311 Cooperation Committee 14
  • Article   312 Subcommittees and other Bodies 15
  • Article   313 Parliamentary Cooperation Committee 15
  • Article   314 Participation of Civil Society 15
  • Article   315 Territorial Application 15
  • Article   316 Fulfilment of Obligations 15
  • Article   317 Security Exception 15
  • Article   318 Entry Into Force and Provisional Application 15
  • Article   319 Other Agreements 15
  • Article   320 Annexes and Protocols 15
  • Article   321 Accession of New Member States of the European Union 15
  • Article   322 Private Rights 15
  • Article   323 Public Access to Official Documents 15
  • Article   324 Duration 15
  • Article   325 Termination 15
  • Article   326 Authentic Texts 15
  • ANNEX 14-A   RULES OF PROCEDURE 15
  • ANNEX 14-B   CODE OF CONDUCT FOR PANELLISTS AND MEDIATORS 16