EU - Singapore FTA (2018)
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4. The term of protection for rights in phonograms shall be not Jess than 50 years after the making of the phonogram, and, if published within this period, no less than 70 years after the first lawful publication of the phonogram.

5. The term of protection for rights in broadcasts shall be not less than 50 years after the first transmission or the making of the broadcast.

6. The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.

(36) For the Union, the term "cinematographic works" also includes audiovisual works.
(37) In the case of the Union, the term of protection expires 70 years after the death of the last person designated as author under its domestic law, which will not in any case be shorter than the minimum duration of protection provided under paragraph 3 of Article 10.5 (Term of Protection).

Article 10.6. Producers of Phonograms

Each Party shall provide producers of phonograms (38) with the right to a single equitable remuneration if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for public performance (39) (40).

(38) ‘Producer of a phonogram’ means the person or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds.
(39) ‘Public performance’ means, in relation to a phonogram, any mode of aural presentation to the public of sounds or representations of sounds fixed in a phonogram.
(40) Singapore shall fully implement the obligations of this Article within two years of the entry into force of this Agreement.

Article 10.7. Resale Rights

The Parties agree to exchange views and information on practices and policies with regard to the resale rights of artists.

Article 10.8. Cooperation on Collective Management of Rights

The Parties shall endeavour to promote dialogue and cooperation among their respective collective management societies for the purpose of ensuring easier access and delivery of content between the territories of the Parties, and ensuring the transfer of royalties arising from the use of works or other copyright-protected subject matter.

Article 10.9. Protection of Technological Measures

1. Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of any effective technological measures (41) that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorised by the authors, the performers or the producers of phonograms concerned or permitted by domestic law (42).

2. In order to provide the adequate legal protection and effective legal remedies referred to in paragraph 1, each Party shall provide protection at least against:

(a) to the extent provided by its domestic law:

(i) the unauthorised circumvention of an effective technological measure carried out knowingly or with reasonable grounds to know; and;

(ii) the offering to the public by marketing of a device or product, including computer programs, or a service, as a means of circumventing an effective technological measure; and

(b) the manufacture, importation, or distribution of a device or product, including computer programs, or provision of a service that:

(i) is primarily designed or produced for the purpose of circumventing an effective technological measure; or

(ii) has only a limited commercially significant purpose other than circumventing an effective technological measure (43).

3. In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing paragraphs 1 and 2. The obligations under paragraphs 1 and 2 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under each Party's domestic law.

(41) For the purposes of this Article, "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works, performances, or phonograms, which are not authorised by authors, performers or producers of phonograms, as provided for by each Party's domestic law. Without prejudice to the scope of copyright or related rights contained in each Party's domestic law, technological measures shall be deemed effective where the use of protected works, performances, or phonograms is controlled by authors, performers or producers of phonograms through the application of a relevant access control or protection process, such as encryption or scrambling, or a copy control mechanism, which achieves the objective of protection.
(42) Nothing in this Chapter shall require Singapore to restrict the importation or domestic sale of a device that does not render effective a technological measure which sole purpose is to control market segmentation for legitimate copies of motion pictures, and is not otherwise a violation of its domestic law.
(43) In implementing paragraphs 1 and 2 of this Article, neither Party shall be obligated to require that the design of, or the design and selection of parts and components for, a consumer electronics product, telecommunications product or computing product, provide for a response to any particular technological measure, so long as the product does not otherwise contravene its measures implementing these paragraphs.

Article 10.10. Protection of Rights Management Information

1. To protect electronic rights management information (44), each Party shall provide adequate legal protection and effective legal remedies against any person knowingly performing without authority any of the following acts knowing or, with respect to civil remedies, having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any copyright or related rights. Such acts are:

(a) the removal or alteration of any electronic rights management information; and

(b) the distribution, import for distribution, broadcast, communication, or making available to the public copies of works, performances, or phonograms, knowing that electronic rights management information has been removed or altered without authority.

2. In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a Party may adopt or maintain appropriate limitations, or exceptions to, measures implementing paragraph 1. The obligations under paragraph 1 are without prejudice to the rights, limitations, exceptions or defences to copyright or related rights infringement under a Party's domestic law.

(44) For the purposes of this Article, "rights management information" means: (a) information that identifies the work, the performance, or the phonogram; the author of the work, the performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance or phonogram; (b) information about the terms and conditions of use of the work, performance, or phonogram; or (c) any number or codes that represent the information described in subparagraphs (a) and (b), when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or making available of a work, performance or phonogram to the public.

Article 10.11. Exceptions and Limitations

The Parties may provide for limitations or exceptions to the rights under Article 10.6 (Producers of Phonograms) only in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the right holders.

Subsection B. TRADEMARKS

Article 10.12. International Agreements

Each Party shall make all reasonable efforts to comply with the Trademark Law Treaty, done at Geneva on 27 October 1994, and with the Singapore Treaty on the Law of Trademarks, adopted in Singapore on 27 March 2006 (45).

(45) Singapore is a party to the Singapore Treaty on the Law of Trademarks, while the Union shall make all reasonable efforts to facilitate accession to the Singapore Treaty on the Law of Trademarks.

Article 10.13. Registration Procedure

Each Party shall provide for a system for the registration of trademarks in which the relevant trademark administration shall give reasons in writing for any refusal to register a trademark. The applicant shall have the opportunity to appeal against such refusal before a judicial authority. Each Party shall introduce the possibility for third parties to oppose trademark applications. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.

Article 10.14. Well-Known Trademarks

The Parties shall protect well-known trademarks in accordance with the TRIPS Agreement. In determining whether a trademark is well-known, the Parties shall give consideration to the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on 20 to 29 September 1999.

Article 10.15. Exceptions to the Rights Conferred by a Trademark Each Party:

(a) shall provide for the fair use of descriptive terms (46) as a limited exception to the rights conferred by trademarks; and

(b) may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the trademarks and of third parties.

(46) The fair use of descriptive terms includes the use of a sign to indicate the geographic origin of the goods or services, and where such use is in accordance with honest practices in industrial or commercial matters.

Subsection C. GEOGRAPHICAL INDICATIONS  (47)

(47) For the purposes of this Chapter, "geographical indications" means indications which identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

Article 10.16. Scope

1. Sub-Section C (Geographical Indications) applies to the recognition and protection of geographical indications for wines, spirits, agricultural products and foodstuffs which are originating in the territories of the Parties.

2. Geographical indications of a Party that are to be protected by the other Party shall only be subject to Sub-Section C (Geographical Indications) if they are recognised and declared as geographical indications in their country of origin.

Article 10.17. System of Protection of Geographical Indications

1. Upon the entry into force of this Agreement, each Party shall establish systems for the registration and protection of geographical indications in its territory for such categories of wines and spirits and agricultural products and food-stuffs as it deems appropriate.

2. The systems referred to in paragraph 1 shall contain elements such as:

(a) a domestic register;

(b) an administrative process to verify that the geographical indications entered, or to be entered, on the domestic register referred to in subparagraph 2(a), identify a good as originating in the territory of a Party, or a region or locality in that Party's territory, where a given quality, reputation or other characteristic of the good is essentially attributable to their geographical origin;

(c) an objection procedure that allows the legitimate interests of third parties to be taken into account; and

(d) legal means that permit the rectification and cancellation of entries on the domestic register referred to in sub-paragraph 2(a), that take into account the legitimate interests of third parties and the right holders of the registered geographical indications in question.

3. The Parties shall, as soon as practicable after the procedures for protection of geographical indications in each Party (48) have been concluded for all the names listed in Annex 10-A, meet to adopt a decision in the Trade Committee referred to under Article 16.1 (Trade Committee) regarding the listing in Annex 10-B of the names from Annex 10-A of each Party that have been and remain protected as geographical indications under the respective Party's system referred to in paragraph 2.

(48) For the purposes of Sub-Section C (Geographical Indications), in the case of Singapore, the procedure for protection of geographical indications refers to the domestic registration procedure under the system established by Singapore pursuant to paragraph 2 of Article 10.17 (System of Protection of Geographical Indications).

Article 10.18. Amendment of List of Geographical Indications

The Parties agree on the possibility of amending the list of geographical indications for wines, spirits, agricultural products and foodstuffs listed in Annex 10-B to be protected by each Party under Sub-Section C (Geographical Indications). Such amendments to Annex 10-B shall be subject to the geographical indications having been and remaining protected as geographical indications under the respective Party's system referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications).

Article 10.19. Scope of Protection of Geographical Indications

1. Subject to Article 10.22 (General Rules), in respect of geographical indications for wines, spirits, agricultural products and foodstuffs listed in Annex 10-B that remain protected as geographical indications under its system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent:

(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than its true place of origin in a manner which misleads the public as to the geographical origin of the good; and

(b) any other use which constitutes an act of unfair competition within the meaning of Article 10bis (Unfair Competition) of the Paris Convention.

2. Subject to Article 10.22 (General Rules), in respect of geographical indications for wines and spirits listed in Annex 10-B that remain protected as geographical indications under its system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent the use of any such geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where:

(a) the true origin of the good is indicated;

(b) the geographical indication is used in translation; or

(c) the geographical indication is accompanied by expressions such as "kind", "type", "style", "imitation", or the like.

3. Subject to Article 10.22 (General Rules), in respect of geographical indications for agricultural products and food- stuffs listed in Annex 10-B that remain protected as geographical indications under the Party's system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), each Party shall provide the legal means for interested parties to prevent the use of any such geographical indication identifying a good for a like good (49) not originating in the place indicated by the geographical indication in question, even where:

(a) the true origin of the good is indicated;

(b) the geographical indication is used in translation (50); or

(c) the geographical indication is accompanied by expressions such as "kind", "type", "style", "imitation", or the like.

4. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication in the case of the failure of a right holder to:

(a) renew the registration of the geographical indication in that Party's market; or

(b) maintain minimal commercial activity or interest in the geographical indication in that Party's market, including commercialisation, promotion or market monitoring.

5. Without prejudice to paragraph 3 of Article 23 of the TRIPS Agreement, each Party shall determine the practical conditions under which homonymous geographical indications will be differentiated from each other in its territory, taking into account the need to ensure equitable treatment of the producers concerned and the need to ensure that consumers are not misled.

6. Where a Party receives an application for registration or protection of a geographical indication that is homonymous with one of the geographical indications in Annex 10-B, that Party will take into consideration the views and submissions of the applicant and the producers concerned (51) in determining the conditions under which the homonymous geographical indications will be differentiated from each other.

(49) For the purposes of this paragraph and paragraph 1 of Article 10.21 (Relationship with Trademarks), the term "like good", in relation to a good for which a geographical indication has been protected in a Party's system as referred to in Article 10.17 (System of Protection of Geographical Indications), means a good that would fall within the same category of good in that Party's register as the good for which a geographical indication has been registered.
(50) For greater certainty, it is understood that this is assessed on a case-by-case basis. This provision does not apply where evidence is provided that there is no link between the protected geographical indication and the translated term. It is further understood that this provision applies without prejudice to the general rules of Sub-Section C (Geographical Indications).
(51) In the case of Singapore, "the producers concerned" refers to the right holders in question.

Article 10.20. Right of Use of Geographical Indications

The persons who may use a geographical indication protected under Sub-Section C (Geographical Indications) are not limited to the applicant, provided that such use relates to the goods as identified by that geographical indication.

Article 10.21. Relationship with Trademarks

1. Subject to Article 10.22 (General Rules), in respect of geographical indications listed in Annex 10-B that remain protected as geographical indications under a Party's system as referred to in paragraph 2 of Article 10.17 (System of Protection of Geographical Indications), the registration of a trademark for goods which contains or consists of a geographical indication that identifies like goods shall be refused or invalidated ex officio if that Party's domestic law so permits, or at the request of an interested party, with respect to goods not having the origin of the geographical indication concerned, provided that the application to register the trademark is submitted after the date of application for the registration of the geographical indication in the territory concerned.

2. Without prejudice to paragraph 4, the Parties acknowledge that the existence of a prior conflicting trademark in the territory of a Party would not completely preclude the registration of a subsequent geographical indication for like goods in that Party (52).

3. Where a trademark has been applied for or has been registered in good faith, or where rights to a trademark have been acquired through use in good faith, if that possibility is provided by the Parties' respective domestic laws, and such application, registration or acquisition takes place either:

(a) before the date of application for protection of the geographical indication in the territory concerned; or

(b) before the geographical indication is protected in its country of origin,

any measures adopted to implement Sub-Section C (Geographical Indications) shall not prejudice the eligibility for or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.

4. The Parties shall have no obligation to protect a geographical indication pursuant to Sub-Section C (Geographical Indications) where, in the light of a reputed or well-known trademark, such protection is liable to mislead consumers as to the true identity of the product.

(52) In the case of Singapore, a geographical indication which conflicts with a prior existing trademark is capable of being registered with the consent of the prior existing trademark rights holder. In the case of the Union, such consent is not a prerequisite to the registration of a geographical indication which conflicts with a prior existing trademark.

Article 10.22. General Rules

1. The conditions for import, export and commercialisation of the products referred to in Sub-Section C (Geographical Indications) in the territory of a Party shall be governed by the domestic law of that Party.

2. For agricultural products and foodstuffs, nothing in Sub-Section C (Geographical Indications) shall require a Party to prevent the continued and similar use by any of its nationals or domiciliaries of any geographical indication of the other Party in connection with goods or services, where those nationals or domiciliaries have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of that Party either:

(a) for at least ten years preceding 1st January 2004; or

(b) in good faith preceding that date.

3. In relation to the geographical indications to be listed in Annex 10-B, where prior use has been determined pursuant to:

(a) the opposition proceedings during the domestic registration procedures; or

(b) any legal proceedings, such prior use shall be listed in Annex 10-B, in respect of the geographical indication in question, in accordance with:

(i) the mechanism established in paragraph 3 of Article 10.17 (System of Protection of Geographical Indications), in the case of subparagraph 34a); and

(ii) the mechanism established in Article 10.18 (Amendment of List of Geographical Indications), in the case of subparagraph 3(b).

4. Each Party may determine the practical conditions under which such prior use will be differentiated from the geographical indication in its territory, taking into account the need to ensure that consumers are not misled.

5. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication of the other Party with respect to goods or services for which the relevant indication is identical to the term customary in common language as the common name for such goods or services in the territory of that Party.

6. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of any name contained in a geographical indication of the other Party with respect to goods or services for which the name is identical to the term customary in common language as the common name for such goods or services in the territory of that Party.

7. Nothing in Sub-Section C (Geographical Indications) shall require a Party to apply its provisions in respect of a geographical indication of the other Party with respect to products of the vine for which the relevant indication is identical to the customary name of a grape variety existing in the territory of that Party as of the date of entry into force of the WTO Agreement in that Party.

8. Nothing in Sub-Section C (Geographical Indications) shall prevent a Party from protecting as a geographical indication, in accordance with its domestic law, a term that conflicts with the name of a plant variety or animal breed.

9. A Party may provide that any request made under Sub-Section C (Geographical Indications) in connection with the use or registration of a trademark must be presented within five years after the adverse use of the protected indication has become generally known in that Party or within five years after the date of registration of the trademark in that Party, provided that the trademark has been published by that date, if the date of registration is earlier than the date on which the adverse use became generally known in that Party, and provided that the geographical indication is not used. or registered in bad faith.

10. Nothing in Sub-Section C (Geographical Indications) shall prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.

11. Nothing in Sub-Section C (Geographical Indications) shall oblige a Party to protect a geographical indication of the other Party which is not or has ceased to be protected in accordance with the domestic law of its country of origin. The Parties shall notify each other if a geographical indication ceases to be protected in its country of origin.

Article 10.23. Relation to Trade Committee

The Trade Committee established pursuant to Article 16.1 (Trade Committee) shall have the authority to:

(a) adopt decisions regarding the listing in Annex 10-B referred to in paragraph 3 of Article 10.17 (System of Protection of Geographical Indications); and

(b) amend Annex 10-B in accordance with Article 10.18 (Amendment of List of Geographical Indications).

Subsection D. DESIGNS

Article 10.24. Requirements for Protection of Registered Designs  (53)

1. The Parties shall provide for the protection of independently created designs that are new or original (54). This protection shall be provided by registration and shall confer exclusive rights upon their holders in accordance with the provisions of Sub-Section D (Designs) (55).

2. Design protection shall not extend to designs dictated essentially by technical or functional considerations.

3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality (56).

(53) For the purposes of Sub-Section (Designs), the Union also grants protection to the unregistered design when it meets the requirements of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, as last amended by Council Regulation (EC) No 1891/2006 of 18 December 2006.
(54) The Parties agree that when the domestic law of a Party so provides, individual character of designs can also be required. This refers to designs that significantly differ from known designs or combinations of known designs' features. The Union considers designs to have individual character if the overall impression it produces on the informed users differs from the overall impression produced on such a user by any design which has been made available to the public.
(55) It is understood that designs are not excluded from protection simply on the basis that they constitute a part of an article or product, provided that they are visible, fulfil the criteria of this paragraph, and: (a) fulfil any other criteria for design protection; and (b) are not otherwise excluded from design protection, under the Parties' respective domestic law.
(56) Nothing in this Article precludes either Party from providing other specified exclusions from design protection under its domestic law. The Parties understand that such exclusions shall not be extensive.

Article 10.25. Rights Conferred by Registration

The owner of a protected design shall have the right to prevent third parties who do not have the owner's consent from at least making, offering for sale, selling or importing articles that bear or embody a design which is a copy, or is substantially a copy, of the protected design, where such acts are undertaken for commercial purposes.

Article 10.26. Term of Protection

The available term of protection shall be at least ten years from the date of application.

Article 10.27. Exceptions

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 into account the legitimate interests of third parties.

Article 10.28. Relationship to Copyright

Each Party shall offer the possibility that a design registered in the territory of a Party in accordance with Sub-Section D (Designs) is not completely precluded from enjoying protection under the domestic law of copyright of that Party. The extent to which, and the conditions under which, such protection is enjoyed shall be determined by that Party (57).

(57) In the case of Singapore, the extent to which, and the conditions under which, such protection is enjoyed include the circumstances under section 74 of Singapore's Copyright Act.

Subsection E. PATENTS

Article 10.29. International Agreements

The Parties recall the obligations under the Patent Cooperation Treaty (done at Washington on 19 June 1970, amended on 28 September 1979, and modified on 3 February 1984). The Parties shall, where appropriate, make all reasonable efforts to comply with Article 1 to Article 16 of the Patent Law Treaty, adopted in Geneva on 1 June 2000, in a manner consistent with their domestic law and procedures.

Article 10.30. Patents and Public Health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO at Doha. In interpreting and implementing the rights and obligations under Sub-Section E (Patents) and Sub-Section F (Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market), the Parties shall ensure consistency with this Declaration.

2. Each Party shall respect the Decision of the WTO General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Decision of the WTO General Council of 6 December 2005 on Amendment of the TRIPS Agreement, adopting the Protocol Amending the TRIPS Agreement.

Article 10.31. Extension of the Duration of the Rights Conferred by a Patent

The Parties recognise that pharmaceutical products (58) protected by a patent in their respective territories may be subject to an administrative marketing approval process before being put on their respective markets. The Parties shall make available an extension of the duration of the rights conferred by the patent protection to compensate the patent owner for the reduction in the effective patent life as a result of the administrative marketing approval process (59). The extension of the duration of the rights conferred by the patent protection may not exceed five years (60).

(58) For the purposes of this Article and Article 10.33 (Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market), the term ‘pharmaceutical product’ shall be defined for each Party by the respective legislations of the Parties as at the date of signature of this Agreement. In the case of the Union, the term ‘pharmaceutical product’ refers to ‘medicinal product’.
(59) Singapore undertakes to make available an extension of the duration of the rights conferred by patent protection to compensate the patent owner for the reduction in the effective patent life as the result of the administrative marketing approval process to substances for diagnosis or testing and authorised as a medicinal product.
(60) The conditions and procedures for the provision of the extension of the patent term shall be determined by the respective legislations of the Parties. This is without prejudice to a possible extension for paediatric purposes, if provided for by either Party.

Article 10.32. Cooperation

The Parties agree to cooperate on initiatives to facilitate:

(a) the granting of patents on the basis of applications filed by applicants of a Party in the other Party; and

(b) the qualification and recognition of patent agent professionals of a Party in the territory of the other Party.

  • Chapter   One OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Chapter   Two NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A COMMON PROVISIONS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Customs Duty 1
  • Article   2.5 Classification of Goods 1
  • Section   B REDUCTION OR ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.6 Reduction or Elimination of Customs Duties on Imports 1
  • Article   2.7 Elimination of Customs Duties and Taxes on Exports 1
  • Article   2.8 Standstill 1
  • Section   C NON-TARIFF MEASURES 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and Formalities Connected with Importation and Exportation 1
  • Article   2.11 Import and Export Licensing Procedures 1
  • Article   2.12 State Trading Enterprises 1
  • Article   2.13 Elimination of Sectoral Non-Tariff Measures 1
  • Section   D SPECIFIC EXCEPTIONS RELATED TO GOODS 1
  • Article   2.14 General Exceptions 1
  • Section   E INSTITUTIONAL PROVISIONS 1
  • Article   2.15 Committee on Trade In Goods 1
  • Chapter   THREE TRADE REMEDIES 1
  • Section   A ANTI-DUMPING AND COUNTERVAILING MEASURES 1
  • Article   3.1 General Provisions 1
  • Article   3.2 Transparency and Information Exchange 1
  • Article   3.3 Lesser Duty Rule 1
  • Article   3.4 Consideration of Public Interest 1
  • Article   3.5 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism 1
  • Section   B GLOBAL SAFEGUARD MEASURES 1
  • Article   3.6 General Provisions 1
  • Article   3.7 Transparency 1
  • Article   3.8 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism 1
  • Section   C BILATERAL SAFEGUARD CLAUSE 1
  • Article   3.9 Definitions 1
  • Article   3.10 Application of Bilateral Safeguard Measure 2
  • Article   3.11 Conditions and Limitations 2
  • Article   3.12 Provisional Measures 2
  • Article   3.13 Compensation 2
  • Chapter   FOUR TECHNICAL BARRIERS TO TRADE 2
  • Article   4.1 Objectives 2
  • Article   4.2 Scope and Definitions 2
  • Article   4.3 Affirmation of the TBT Agreement 2
  • Article   4.4 Joint Cooperation 2
  • Article   4.5 Standards 2
  • Article   4.6 Technical Regulations 2
  • Article   4.7 Conformity Assessment Procedures 2
  • Article   4.8 Transparency 2
  • Article   4.9 Market Surveillance 2
  • Article   4.10 Marking and Labelling 2
  • Article   4.11 Contact Points 2
  • Article   4.12 Final Provisions 2
  • Chapter   FIVE SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objectives 2
  • Article   5.2 Scope 2
  • Article   5.3 Definitions 2
  • Article   5.4 Rights and Obligations 2
  • Article   5.5 Competent Authorities 2
  • Article   5.6 General Principles 2
  • Article   5.7 Import Requirements 2
  • Article   5.8 Verifications 2
  • Article   5.9 Trade Facilitation 3
  • Article   5.10 Measures Linked to Animal and Plant Health 3
  • Article   5.11 Transparency and Exchange of Information 3
  • Article   5.12 Consultations 3
  • Article   5.13 Emergency Measures 3
  • Article   5.14 Equivalence 3
  • Article   5.15 Committee on Sanitary and Phytosanitary Measures 3
  • Article   5.16 Technical Consultations 3
  • Chapter   SIX CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Objectives 3
  • Article   6.2 Principles 3
  • Article   6.3 Customs Cooperation 3
  • Article   6.4 Transit and Transhipment 3
  • Article   6.5 Advance Rulings 3
  • Article   6.6 Simplified Customs Procedure 3
  • Article   6.7 Release of Goods 3
  • Article   6.8 Fees and Charges 3
  • Article   6.9 Customs Brokers 3
  • Article   6.10 Preshipment Inspections 3
  • Article   6.11 Customs Valuations 3
  • Article   6.12 Risk Management 3
  • Article   6.13 Single Window 3
  • Article   6.14 Appeal Procedures 3
  • Article   6.15 Transparency 3
  • Article   6.16 Relations with the Business Community 3
  • Article   6.17 Committee on Customs 3
  • Chapter   SEVEN NON-TARIFF BARRIERS TO TRADE AND INVESTMENT IN RENEWABLE ENERGY GENERATION 3
  • Article   7.1 Objectives 3
  • Article   7.2 Definitions 3
  • Article   7.3 Scope 3
  • Article   7.4 Principles 4
  • Article   7.5 Standards, Technical Regulations and Conformity Assessment 4
  • Article   7.6 Exceptions 4
  • Article   7.7 Implementation and Cooperation 4
  • Chapter   EIGHT SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE 4
  • Section   A GENERAL PROVISIONS 4
  • Article   8.1 Objective and Scope 4
  • Article   8.2 Definitions 4
  • Section   B CROSS-BORDER SUPPLY OF SERVICES 4
  • Article   8.3 Scope 4
  • Article   8.4 Definitions 4
  • Article   8.5 Market Access 4
  • Article   8.6 National Treatment 4
  • Article   8.7 Schedule of Specific Commitments 4
  • Section   C ESTABLISHMENT 4
  • Article   8.8 Definitions 4
  • Article   8.9 Scope 4
  • Article   8.10 Market Access 4
  • Article   8.11 National Treatment 4
  • Article   8.12 Schedule of Specific Commitments 4
  • Section   D TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 5
  • Article   8.13 Scope and Definitions 5
  • Article   8.14 Key Personnel and Graduate Trainees 5
  • Article   8.15 Business Services Sellers 5
  • Section   E REGULATORY FRAMEWORK 5
  • Subsection   1 PROVISIONS OF GENERAL APPLICATION 5
  • Article   8.16 Mutual Recognition of Professional Qualifications 5
  • Article   8.17 Transparency 5
  • Subsection   2 DOMESTIC REGULATION 5
  • Article   8.18 Scope and Definitions 5
  • Article   8.19 Conditions for Licensing and Qualification 5
  • Article   8.20 Licensing and Qualification Procedures 5
  • Subsection   3 COMPUTER SERVICES 5
  • Article   8.21 Computer Services 5
  • Subsection   4 POSTAL SERVICES 5
  • Article   8.22 Prevention of Anti-Competitive Practices in the Postal Sector  (25) 5
  • Article   8.23 Independence of Regulatory Bodies 5
  • Subsection   5 TELECOMMUNICATIONS SERVICES 5
  • Article   8.24 Scope 5
  • Article   8.25 Definitions 5
  • Article   8.26 Access to and Use of Public Telecommunications Networks and Services 5
  • Article   8.27 Confidentiality of Information 5
  • Article   8.28 Interconnection  (27) 5
  • Article   8.29 Interconnection with Major Suppliers 5
  • Article   8.30 Conduct of Major Suppliers 5
  • Article   8.31 Competitive Safeguards on Major Suppliers 5
  • Article   8.32 Unbundled Network Elements 5
  • Article   8.33 Co-location 6
  • Article   8.34 Resale 6
  • Article   8.35 Facility Sharing 6
  • Article   8.36 Provisioning of Leased Circuits Services 6
  • Article   8.37 Number Portability 6
  • Article   8.38 Submarine Cable Landing Stations 6
  • Article   8.39 Independent Regulatory Authority 6
  • Article   8.40 Universal Services 6
  • Article   8.41 Authorisation to Provide Telecommunications Services 6
  • Article   8.42 Allocation and Use of Scarce Resources 6
  • Article   8.43 Enforcement 6
  • Article   8.44 Resolution of Telecommunications Disputes 6
  • Article   8.45 Transparency 6
  • Article   8.46 Flexibility in the Choice of Technologies 6
  • Article   8.47 Relationship to other Sub-Sections, Sections and Chapters 6
  • Article   8.48 Cooperation 6
  • Subsection   6 FINANCIAL SERVICES 6
  • Article   8.49 Scope and Definitions 6
  • Article   8.50 Prudential Carve-out 6
  • Article   8.51 Self-regulatory Organisations 6
  • Article   8.52 Payment and Clearing Systems 6
  • Article   8.53 New Financial Services 6
  • Article   8.54 Data Processing 6
  • Article   8.55 Specific Exceptions 6
  • Subsection   7 INTERNATIONAL MARITIME TRANSPORT SERVICES 6
  • Article   8.56 Scope, Definitions and Principles 6
  • Section   F ELECTRONIC COMMERCE 7
  • Article   8.57 Objectives 7
  • Article   8.58 Customs Duties 7
  • Article   8.59 Electronic Supply of Services 7
  • Article   8.60 Electronic Signatures 7
  • Article   8.61 Regulatory Cooperation on Electronic Commerce 7
  • Section   G GENERAL PROVISIONS 7
  • Article   8.62 General Exceptions 7
  • Article   8.63 Review 7
  • Article   8.64 Committee on Trade In Services, Investment and Government Procurement 7
  • Chapter   NINE GOVERNMENT PROCUREMENT 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope and Coverage Application of this Chapter 7
  • Article   9.3 Security and General Exceptions 7
  • Article   9.4 General Principles 7
  • Article   9.5 Information on the Procurement System 8
  • Article   9.6 Notices Notice of Intended Procurement 8
  • Article   9.7 Conditions for Participation 8
  • Article   9.8 Qualification of Suppliers Registration Systems and Qualification Procedures 8
  • Article   9.9 Technical Specifications and Tender Documentation Technical Specifications 8
  • Article   9.10 Time Periods General 8
  • Article   9.11 Negotiations 8
  • Article   9.12 Limited Tendering 9
  • Article   9.13 Electronic Auctions 9
  • Article   9.14 Treatment of Tenders and Awarding of Contracts Treatment of Tenders 9
  • Article   9.15 Transparency of Procurement InformationInformation Provided to Suppliers 9
  • Article   9.16 Disclosure of Information Provision of Information to Parties 9
  • Article   9.17 Domestic Review Procedures 9
  • Article   9.18 Modification and Rectification of Coverage Notification of Proposed Modification 9
  • Article   9.19 Responsibilities of the Committee 9
  • Article   9.20 Adjustment to GPA provisions 9
  • Chapter   TEN INTELLECTUAL PROPERTY 9
  • Article   10.1 Objectives 9
  • Section   A PRINCIPLES 9
  • Article   10.2 Scope and Definitions 9
  • Article   10.3 Exhaustion 9
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 9
  • Subsection   A COPYRIGHT AND RELATED RIGHTS 9
  • Article   10.4 Protection Granted 9
  • Article   10.5 Term of Protection 9
  • Article   10.6 Producers of Phonograms 10
  • Article   10.7 Resale Rights 10
  • Article   10.8 Cooperation on Collective Management of Rights 10
  • Article   10.9 Protection of Technological Measures 10
  • Article   10.10 Protection of Rights Management Information 10
  • Article   10.11 Exceptions and Limitations 10
  • Subsection   B TRADEMARKS 10
  • Article   10.12 International Agreements 10
  • Article   10.13 Registration Procedure 10
  • Article   10.14 Well-Known Trademarks 10
  • Article   10.15 Exceptions to the Rights Conferred by a Trademark Each Party: 10
  • Subsection   C GEOGRAPHICAL INDICATIONS  (47) 10
  • Article   10.16 Scope 10
  • Article   10.17 System of Protection of Geographical Indications 10
  • Article   10.18 Amendment of List of Geographical Indications 10
  • Article   10.19 Scope of Protection of Geographical Indications 10
  • Article   10.20 Right of Use of Geographical Indications 10
  • Article   10.21 Relationship with Trademarks 10
  • Article   10.22 General Rules 10
  • Article   10.23 Relation to Trade Committee 10
  • Subsection   D DESIGNS 10
  • Article   10.24 Requirements for Protection of Registered Designs  (53) 10
  • Article   10.25 Rights Conferred by Registration 10
  • Article   10.26 Term of Protection 10
  • Article   10.27 Exceptions 10
  • Article   10.28 Relationship to Copyright 10
  • Subsection   E PATENTS 10
  • Article   10.29 International Agreements 10
  • Article   10.30 Patents and Public Health 10
  • Article   10.31 Extension of the Duration of the Rights Conferred by a Patent 10
  • Article   10.32 Cooperation 10
  • Subsection   F PROTECTION OF TEST DATA 11
  • Article   10.33 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put a Pharmaceutical Product on the Market 11
  • Article   10.34 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put an Agricultural Chemical Product on the Market  (64) 11
  • Subsection   G PLANT VARIETIES 11
  • Article   10.35 International Agreements 11
  • Section   C CIVIL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 11
  • Article   10.36 General Obligations 11
  • Article   10.37 Publication of Judicial Decisions 11
  • Article   10.38 Availability of Civil Measures, Procedures and Remedies 11
  • Article   10.39 Measures for Preserving Evidence 11
  • Article   10.40 Evidence and Right of Information 11
  • Article   10.41 Other Remedies 11
  • Article   10.42 Injunctions 11
  • Article   10.43 Alternative Measures 11
  • Article   10.44 Damages 11
  • Article   10.45 Legal Costs 11
  • Article   10.46 Presumptions Relating to Copyright and Related Rights 11
  • Article   10.47 Liability of Intermediary Service Providers 11
  • Section   D BORDER MEASURES 11
  • Article   10.48 Definitions 11
  • Article   10.49 Scope of Border Measures 11
  • Article   10.50 Identification of Shipments 11
  • Article   10.51 Cooperation 11
  • Section   E COOPERATION 11
  • Article   10.52 Cooperation 11
  • Chapter   ELEVEN COMPETITION AND RELATED MATTERS 11
  • Section   A ANTI-COMPETITIVE CONDUCT AND MERGERS 11
  • Article   11.1 Principles 11
  • Article   11.2 Implementation 11
  • Section   B PUBLIC UNDERTAKINGS, UNDERTAKINGS ENTRUSTED WITH SPECIAL OR EXCLUSIVE RIGHTS AND STATE MONOPOLIES 11
  • Article   11.3 Public Undertakings and Undertakings Entrusted with Special or Exclusive Rights 11
  • Article   11.4 State Monopolies 11
  • Section   C SUBSIDIES 11
  • Article   11.5 Definition and Scope 11
  • Article   11.6 Relationship with the WTO 12
  • Article   11.7 Prohibited Subsidies 12
  • Article   11.8 Other Subsidies 12
  • Article   11.9 Transparency 12
  • Article   11.10 Review Clause 12
  • Section   D GENERAL MATTERS 12
  • Article   11.11 Cooperation and Coordination in Law Enforcement 12
  • Article   11.12 Confidentiality 12
  • Article   11.13 Consultation 12
  • Article   11.14 Dispute Settlement and Mediation Mechanism 12
  • Chapter   TWELVE TRADE AND SUSTAINABLE DEVELOPMENT 12
  • Section   A INTRODUCTORY PROVISIONS 12
  • Article   12.1 Context and Objectives 12
  • Article   12.2 Right to Regulate and Levels of Protection 12
  • Section   B TRADE AND SUSTAINABLE DEVELOPMENT - LABOUR ASPECTS (76) 12
  • Article   12.3 Multilateral Labour Standards and Agreements 12
  • Article   12.4 Labour Cooperation in the Context of Trade and Sustainable Development 12
  • Article   12.5 Scientific Information 12
  • Section   C TRADE AND SUSTAINABLE DEVELOPMENT - ENVIRONMENTAL ASPECTS 12
  • Article   12.6 Multilateral Environmental Standards and Agreements 12
  • Article   12.7 Trade in Timber and Timber Products 12
  • Article   12.8 Trade in Fish Products 12
  • Article   12.9 Scientific Information 12
  • Article   12.10 Cooperation on Environmental Aspects in the Context of Trade and Sustainable Development 12
  • Section   D GENERAL PROVISIONS 12
  • Article   12.11 Trade and Investment Promoting Sustainable Development 12
  • Article   12.12 Upholding Levels of Protection 12
  • Article   12.13 Transparency 12
  • Article   12.14 Review of Impact on Sustainable Development 12
  • Article   12.15 Institutional Set up and Monitoring Mechanism 12
  • Article   12.16 Government Consultations 12
  • Article   12.17 Panel of Experts 12
  • Chapter   THIRTEEN TRANSPARENCY 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives and Scope 12
  • Article   13.3 Publication regarding Measures of General Application 12
  • Article   13.4 Enquiries and Contact Points 13
  • Article   13.5 Administrative Proceedings 13
  • Article   13.6 Review of Administrative Actions 13
  • Article   13.7 Regulatory Quality and Performance and Good Administrative Behaviour 13
  • Article   13.8 Specific Rules 13
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 13
  • Section   A OBJECTIVE AND SCOPE 13
  • Article   14.1 Objective 13
  • Article   14.2 Scope 13
  • Section   B CONSULTATIONS 13
  • Article   14.3 Consultations 13
  • Section   C DISPUTE SETTLEMENT PROCEDURES 13
  • Subsection   A ARBITRATION PROCEDURES 13
  • Article   14.4 Initiation of Arbitration Procedure 13
  • Article   14.5 Establishment of the Arbitration Panel 13
  • Article   14.6 Preliminary Ruling on Urgency 13
  • Article   14.7 Interim Panel Report 13
  • Article   14.8 Arbitration Panel Ruling 13
  • Subsection   B COMPLIANCE 13
  • Article   14.9 Compliance with the Arbitration Panel Ruling 13
  • Article   14.10 Reasonable Period of Time for Compliance 13
  • Article   14.11 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 13
  • Article   14.12 Temporary Remedies in Case of Non-compliance 13
  • Article   14.13 Review of Any Measure Taken to Comply After the Suspension of Obligations 13
  • Subsection   C COMMON PROVISIONS 13
  • Article   14.14 Suspension and Termination of Arbitration Procedures 13
  • Article   14.15 Mutually Agreed Solution 13
  • Article   14.16 Rules of Procedure 13
  • Article   14.17 Submission of Information 13
  • Article   14.18 Rules of Interpretation 13
  • Article   14.19 Arbitration Panel Decisions and Rulings 13
  • Section   D GENERAL PROVISIONS 13
  • Article   14.20 Lists of Arbitrators 13
  • Article   14.21 Relation with WTO Obligations 13
  • Article   14.22 Time Limits 13
  • Article   14.23 Review and Modification of the Chapter 13
  • Chapter   FIFTEEN MEDIATION MECHANISM 13
  • Article   15.1 Objective and Scope 13
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 13
  • Article   15.2 Request for Information 13
  • Article   15.3 Initiation of the Procedure 13
  • Article   15.4 Selection of the Mediator 13
  • Article   15.5 Rules of the Mediation Procedure 14
  • Section   B IMPLEMENTATION 14
  • Article   15.6 Implementation of a Mutually Agreed Solution 14
  • Section   C GENERAL PROVISIONS 14
  • Article   15.7 Relationship to Dispute Settlement 14
  • Article   15.8 Time Limits 14
  • Article   15.9 Costs 14
  • Article   15.10 Review 14
  • Chapter   SIXTEEN INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 14
  • Article   16.1 Trade Committee 14
  • Article   16.2 Specialised Committees 14
  • Article   16.3 Evolving WTO Law 14
  • Article   16.4 Decision-making 14
  • Article   16.5 Amendments 14
  • Article   16.6 Taxation 14
  • Article   16.7 Current Account and Capital Movements 14
  • Article   16.8 Sovereign Wealth Funds 14
  • Article   16.9 Restrictions to Safeguard the Balance of Payments 14
  • Article   16.10 Temporary Safeguard Measures on Capital Movements and Payments 14
  • Article   16.11 Security Exceptions 14
  • Article   16.12 Disclosure of Information 14
  • Article   16.13 Entry Into Force 14
  • Article   16.14 Duration 14
  • Article   16.15 Fulfilment of Obligations 14
  • Article   16.16 No Direct Effect 14
  • Article   16.17 Annexes, Appendices, Joint Declarations, Protocols and Understandings 14
  • Article   16.18 Relations with other Agreements 14
  • Article   16.19 Future Accessions to the Union 14
  • Article   16.20 Territorial Application 14
  • Article   16.21 Authentic Texts 14