Article 6.20. Information Exchange
1. In order to accelerate and to improve the efficiency of customs control, and in order to facilitate legitimate trade the Parties may explore the possibility to reach an agreement for electronic information exchange on goods and means of transport, moving across the customs border of the EAEU and China (hereinafter referred to as "the Agreement on Electronic Information Exchange").
2. The Parties will seek to reach consensus on the data elements for exchange and after that will endeavor to conclude the Agreement on Electronic Information Exchange as soon as possible.
3. On behalf of the EAEU, the Eurasian Economic Commission will coordinate the creation and facilitate the electronic information exchange.
Article 6.21. Enquiry Points
1. Each Party shall designate one or more enquiry points to receive enquiries from interested persons on customs related matters and shall make available on the Internet information concerning procedures for making such enquiries.
2. The Parties shall forward to each other the information on the designated enquiry points.
Article 6.22. Review and Appeal
Each Party shall, in accordance with its laws and regulations, provide that the importer, exporter or any other person affected by its administrative decisions on a customs matter, have access to:
(a) an administrative review of decisions by its customs authorities, higher than or independent of the official or office responsible for the decision under review; and
(b) ajudicial review of the decisions subject to its laws and regulations.
Article 6.23. Consultations
1. Each Party may at any time request consultations with the other Party, on any matter arising from the operation of this Chapter, in cases where there are the facts or reasonable grounds provided by the requesting Party.
2. The consultations shall be conducted through the relevant contact points to be established under Article 12.2 of this Agreement, and shall take place within 60 days upon receipt of the request, or any other possible time period that the Parties may mutually determine.
3. In the event that such consultations fail to resolve such matter, the requesting Party may refer the matter to the Sub-Committee referred to in Article 6.24 of this Chapter for further consideration.
Article 6.24. Sub-Committee on Customs Cooperation and Trade Facilitation
1. For the effective operation of this Chapter, the sub-committee on customs cooperation and trade facilitation (hereinafter referred to as the "Sub- Committee on CCTF") is hereby established, under the Joint Commission.
2. The Sub-Committee on CCTF shall exercise the following functions:
(a) ensure the proper functioning of this Chapter and resolve all issues arising from its application;
(b) review the operation of this Chapter with the purpose to identify areas related to this Chapter to be improved with a view to facilitating trade between the Parties;
(c) exchange information on customs strategic development of each Party to strengthen the cooperation between the Parties; and
(d) make recommendations and report to the Joint Commission.
3. The Sub-Committee on CCTF shall be composed of the representatives of the customs authorities and relevant authorities of the Parties. Upon mutual agreement of the Parties the Sub-Committee on CCTF may invite relevant experts to participate in the discussion.
4. The Sub-Committee on CCTF shall meet at such time and venue as may be agreed by the Parties.
Chapter 7. INTELLECTUAL PROPERTY RIGHTS
Article 7.1. Objectives
The Parties recognize the importance of protection and enforcement of intellectual property rights in order to incentivize research, development and creative activity which will promote economic and social development, as well as dissemination of knowledge and technology. The Parties also recognize the necessity of balance between the legitimate interest of right owners and the public at large.
Article 7.2.
Definitions For the purposes of this Chapter:
(a) "intellectual property" refers to all categories of intellectual property that are the subject of Article 7.1 through Article 7.27 of this Agreement;
(b) "nationals" means natural or legal persons who are domiciled or have a real and effective industrial or commercial establishment within the customs territories of the Parties;
(c) "WIPO" means the World Intellectual Property Organization, established in accordance with the Convention Establishing the World Intellectual Property Organization of 14 July 1967.
Article 7.3. International Agreements
1. The Parties which are party to the TRIPS Agreement reaffirm their obligations set out therein. The Parties which are not party to the TRIPS Agreement shall follow the principles of the TRIPS Agreement. The Parties reaffirm their commitments established in existing international agreements in the field of intellectual property rights, to which they are parties, including the following:
(a) the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised by the Stockholm Act of 1967 (hereinafter referred to as "the Paris Convention");
(b) the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886, as revised by the Paris Act of 1971 (hereinafter referred to as "the Berne Convention");
(c) the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms of 29 October 1971;
(d) the WIPO Copyright Treaty of 20 December 1996 (hereinafter referred to as "the WCT");
(e) the WIPO Performances and Phonograms Treaty of 20 December 1996 (hereinafter referred to as "the WPPT");
(f) the Madrid Agreement Concerning the International Registration of Marks of 14 April 1891 and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 28 June 1989;
(g) the Patent Cooperation Treaty of 19 June 1970, as revised by the Washington Act of 2001; and
(h) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of 28 April 1977.
2. The Parties recognize the principles established in the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO.
Article 7.4. National Treatment
Each Party shall accord to the nationals of the other Party treatment no less favorable than that it accords to its own nationals with regard to the protection of intellectual property subject to the provisions and exceptions provided in Article 3 and Article 5 of the TRIPS Agreement.
Article 7.5. Most Favored Nation Treatment
Each Party shall accord to the nationals of the other Party treatment no less favorable than that it accords to the nationals of any other country with regard to the protection of intellectual property in accordance with the TRIPS Agreement.
Article 7.6. Copyright and Related Rights
Without prejudice to the obligations set out in the international agreements to which the Parties are party, each Party shall, in accordance with its respective laws and regulations, grant and ensure adequate and effective protection to authors, performers, producers of phonograms and broadcasting organizations for their works, performances, phonograms and broadcasts, respectively.
Article 7.7. Technological Measures of Copyright and Related Rights Protection™  (1)
1. Each Party shall provide adequate legal protection and effective legal remedies against circumvention of effective technological measures that are used by authors, performers or producers of phonograms in connection with the exercise of their rights.
2. Each Party shall establish in its laws and regulations legal prohibitions on intentional manufacturing, import, making available to the public of any technology, any technical devices or their components primarily used to circumvent or sabotage technological measures in respect of works, performances or phonograms.
3. Any exceptions to the obligations set out in this Article may only be applied when are provided for in national laws or regulations and only to the extent that they do not impair the adequacy of legal protection or the effectiveness of legal remedies against the circumvention of technological measures.
Article 7.8. Rights Management Information
Each Party shall provide adequate and effective legal remedies against any person knowingly performing any act, in accordance with Article 12 of the WCT and Article 19 of the WPPT, knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by the Berne Convention, the WCT, or the WPPT.
Article 7.9. Trademarks
1. Each Party shall provide adequate and effective legal protection of trademarks for goods and services in accordance with its respective laws and regulations, and the international agreements to which it is party and the TRIPS Agreement, in particular Article 15 through Article 21.
2. The exclusive right to a trademark may be disposed for individualization of goods or services with respect of which the trademark is registered, including by placing the trademark:
(a) on products, including labels, packages of goods, which are manufactured, offered for sale, being sold, or otherwise introduced into circulation in the territories in which the trademark is registered, or stored or transported for this purpose, or imported into the territories in which the trademark is registered;
(b) when demonstrated at exhibitions and fairs in the territories of the Parties in which the trademark is registered;
(c) while rendering services;
(d) on documents related to the introduction of goods into circulation;
(e) while offering goods for sale, services for rendering, as well as in announcements, on signboards and in advertising; and
(f) on the Internet, and other means of addressing.
3. In respect of trademarks Parties shall provide legal means for interested persons of the other Party to prevent the use without permission of the right holder of signs identical or confusingly similar to its trademark in respect of goods for the individualization of which the trademark is registered or similar goods, if a likelihood of confusion arises as a result of such use.
Article 7.10. Well-Known Trademarks
1. No Party may require as a condition for determining that a trademark is well-known that the trademark has been registered in that Party or in another jurisdiction.
2. The Parties shall provide protection for well-known trademarks at least in accordance with Article 16.2 and Article 16.3 of the TRIPS Agreement and Article 6bis of the Paris Convention.
Article 7.11. Registration of Trademarks
1. Each Party shall provide a system for registration of trademarks, which shall include:
(a) a requirement to provide to the applicant a communication in writing about the reasons for a refusal to register a trademark. Such communication may be provided electronically;
(b) a requirement that decisions on cancellation proceedings be reasoned and provided in writing. Such written decisions may be provided electronically; and
(c) an opportunity for interested persons to seek cancellation and invalidation of a trademark after it has been registered.
2. Each Party shall endeavor to provide:
(a) a system for electronic application for, and electronic processing, registering, and maintenance of trademarks; and
(b) a publicly available electronic database, including an online database of trademark applications and registrations.
Article 7.12. Geographical Indications and Appellations of Origin of Goods
Each Party shall ensure in its territory adequate and effective legal protection of geographical indications/appellations of origin of goods in accordance with its respective domestic laws, regulations and rules, and the TRIPS Agreement, in particular Article 22 and Article 23 (2).
Both Parties will continue discussion and develop further cooperation on the above issue.
Article 7.13. Patentability
1. Subject to the provisions of paragraphs 2 and 3 of this Article, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step, and are capable of industrial application.
2. Each Party may exclude from patentability inventions, the prevention of the commercial exploitation of which on its territory is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by its law.
3. Each Party may also exclude from patentability:
(a) diagnostic, therapeutic, and surgical methods for the treatment of humans or animals; and
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
4. Each Party shall ensure that any patent application is not rejected solely on the ground that the subject matter claimed in the application includes a computer program. Patent applications for invention relating to computer programs, which forms a technical solution, may be included to the patentable subject matter according to its laws and regulations.
Article 7.14. Compulsory Licenses
No provisions of this Chapter shall affect the right of each Party to grant compulsory licenses subject to Article 31 and Article 31bis of the TRIPS Agreement.
Article 7.15. Inventions and Utility Models
1. Each Party shall provide adequate and effective legal protection of inventions in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Article 27 through Article 34.
2. Each Party shall provide adequate and effective legal protection of utility models in accordance with its respective laws and regulations and the international agreements to which it is party.
Article 7.16. Industrial Designs
Each Party shall provide adequate and effective legal protection of industrial designs in accordance with its respective laws and regulations, the international agreements to which it is party and the TRIPS Agreement, in particular Article 25 and Article 26.
Article 7.17. Graphical User Interfaces
Each Party shall ensure that graphical user interfaces can be protected as industrial design in accordance with its respective laws and regulations.
Article 7.18. Electronic Patent Applications
Each Party shall endeavor to provide the possibility to file patent applications electronically.
Article 7.19. Layout Designs (Topographies) of Integrated Circuits
Each Party shall provide adequate and effective legal protection of layout designs (topographies) of integrated circuits in accordance with its respective laws and regulations, and the international agreements to which it is party and the TRIPS Agreement, in particular Article 35 through Article 38.
Article 7.20. Genetic Resources, Traditional Knowledge and Folklore
1. The Parties recognize the contribution made by genetic resources, traditional knowledge and folklore to scientific, cultural and economic development.
2. Subject to each Party's international obligations and its laws and regulations, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore.
3. The Parties agree to further discuss relevant issues concerning genetic resources, traditional knowledge and folklore, taking into account future developments in their respective laws and regulations and in international agreements.
Article 7.21. New Varieties of Plants
1. The Parties shall grant adequate and effective protection to breeders of new plant varieties at least on a level equivalent to the level provided for by the International Convention for the Protection of New Varieties of Plants, as revised on October 23, 1978.
2. At least the following acts in respect of the propagating material of the protected variety shall require the authorization of the breeder:
(a) production or reproduction (multiplication) for the purposes of commercial marketing;
(b) conditioning for the purpose of commercial propagation;
(c) offering for sale;
(d) selling or other marketing; and
(e) importing or exporting.
Article 7.22. Protection Against Unfair Competition
Each Party shall ensure protection against unfair competition in accordance with its respective laws and regulations and Article 10bis of the Paris Convention.
Article 7.23. Documents and Information Required for Registration of Intellectual Property Objects
The Parties shall provide access to the documents and data required for the registration of intellectual property objects in accordance with their respective laws and regulations.
Article 7.24. Enforcement of Intellectual Property Rights
1. The Parties shall ensure that the enforcement of intellectual property rights complies with their respective laws and regulations and the international agreements to which it is party.
2. The Parties shall make available to right holders civil, administrative and judicial procedures concerning the enforcement of intellectual property rights.
3. The Parties shall endeavor to provide enforcement of intellectual property rights in digital environment.
4. The Parties shall cooperate with each other in order to enhance the enforcement practices regarding intellectual property rights, in particular regarding copyright and related rights, trademarks, inventions, utility models and industrial designs.
Article 7.25. Customs Measures
1. Each Party shall ensure effective enforcement of customs measures in accordance with its respective laws and regulations and international agreements to which it is party in respect of counterfeit trademark goods (3) and pirated copyright goods (4).
2. Each Party shall ensure that the requirements for a right holder necessary to initiate procedures to suspend the release of goods suspected of being counterfeit trademark or pirated copyright goods shall not unreasonably deter recourse to these procedures.
3. Each Party shall, unless otherwise provided for in this Agreement, adopt procedures to enable a right holder, who has valid grounds for suspecting that importation or exportation is carried out with counterfeit trademark goods, pirated copyright goods, to lodge an application to customs authorities claiming to apply measures of intellectual property rights enforcement provided that the importation or exportation in question infringes intellectual property rights under the laws and regulations of the country where the goods are found.
4. Each Party shall provide that its competent authorities shall provide the right holder with at least the names and other additional information identifying the declarant of the goods in question. Each Party shall provide that its competent authorities shall provide at least the declarant of the detained goods with the names and other additional information identifying the right holder.
5. The Parties may exclude from the application of this Article the importation or exportation of goods which are considered to be of a non-commercial nature.
6. The Parties shall cooperate with each other in order to develop the connections among their customs authorities with the aim to enhance the enforcement of intellectual property rights at the border.
7. Each Party shall establish contact points to exchange information on trade in infringing goods. The Parties shall, in particular, promote the exchange of information and cooperation between their customs authorities. Article 7.26 Intellectual Property and Innovations
8. The Parties shall endeavor to deepen their cooperation on the subject of this Chapter by means of information exchange between the relevant competent authorities or other interested institutions, meetings and specialized seminars, joint projects in the fields of science, technology and innovations. The interaction on this issue shall be performed through the Joint Commission.
9. The cooperation referred to in this Article includes but is not limited to:
(a) exchange of information on intellectual property policies of the respective authorities relating to innovations;
(b) training courses and joint programs; (c) dissemination of scientific and technological knowledge; and
(d) other issues that the Parties have consensus on.
Article 7.27. Competent Authorities, Contact Points and Information Exchange
1. The Parties shall determine bodies, which shall act as contact points in order to conduct analysis and monitor the operation of this Chapter.
2. At the request of a Party, as well as, in addition to already existing forms of cooperation the Parties shall:
(a) discuss ways to facilitate cooperation between the Parties;
(b) notify each other on the competent authorities responsible for carrying out the procedures provided for in this Chapter, and on the relevant contact points;
(c) inform each other of any change of the contact points or any significant change in the structure or competence of their competent authorities; and
(d) hold consultations on intellectual property and public health and on other issues related to the operation of this Chapter.
3. The Parties shall endeavor to work towards creating more effective management of national domain names in order to prevent unfair use of domain names identical or confusingly similar to a trademark that misleads the consumer.
4. The Parties may agree to enter into negotiations on particular intellectual property rights protection issues.
Chapter 8. COMPETITION
Article 8.1. Objectives
1. Taking into account the importance of fair competition in trade relations the Parties recognize that proscribing anticompetitive practices, implementing competition policies and cooperating on matters covered by this Chapter will contribute to promoting economic efficiency, proper functioning of markets and sustainable economic development of the Parties.
2. The Parties shall take necessary measures subject to their respective laws and regulations in order to prevent and proscribe anticompetitive practices that affect trade and investment between the Parties.