Ukraine - United Kingdom Free Trade and Strategic Partnership (2020)
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4. The exclusive rights to authorise or prohibit the acts specified in paragraph 1 (b) of this Article shall not apply to any such act committed after the topography or the semiconductor product has been lawfully put on the market.

Article 217. Term of Protection

The exclusive rights shall amount to at least 10 years from when the topography is first commercially exploited anywhere in the world or, where registration is a condition for the coming into existence or continuing application of the exclusive rights, 10 years from the earlier of the following dates:

(a) the end of the calendar year in which the topography is first commercially exploited anywhere in the world;

(b) the end of the calendar year in which the application for registration has been filed in due form.

Subsection 7. OTHER PROVISIONS

Article 218. Plant Varieties

The Parties shall co-operate to promote and reinforce the protection of plant varieties rights in accordance with the International Convention for the Protection of New Varieties of Plants of 1961 as revised in Geneva on 10 November 1972, 23 October 1978 and 19 March 1991, including the optional exception to the breeder's right as referred to in Article 15.2 of the said Convention.

Article 219. Genetic Resources, Traditional Knowledge and Folklore

1. Subject to their domestic legislation, the Parties shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity, and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices, and encourage equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices.

2. The Parties recognise the importance of taking appropriate measures, subject to national legislation, to preserve traditional knowledge and agree to continue working towards the development of internationally agreed sui generis models for the legal protection of traditional knowledge.

3. The Parties agree that the intellectual property provisions of this Sub-section and the CBD shall be implemented in a mutually supportive way.

4. The Parties agree to regularly exchange views and information on relevant multilateral discussions.

Section 3. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Article 220. General Obligations

1. Both Parties reaffirm their commitments under the TRIPS Agreement and in particular its Part I, and shall provide for the following complementary measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights (34). These 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.

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

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

Article 221. Entitled Applicants

1. The Parties shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part II of the TRIPS Agreement:

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

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

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

2. The Parties may recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part II of the TRIPS Agreement, intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

Subsection 1. CIVIL MEASURES, PROCEDURES AND REMEDIES

Article 222. Presumption of Authorship or Ownership

The Parties shall recognise that for the purposes of applying the measures, procedures and remedies provided for in this Agreement:

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

(b) the provision under point (a) of this Article shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

Article 223. Evidence

1. The judicial authorities of the Parties shall have the authority, where a party has presented reasonably available evidence sufficient to support its claims and has, in substantiating its claims, specified evidence which lies in the control of the opposing party, to order that this evidence be produced by the opposing party, subject to conditions which ensure the protection of confidential information.

2. Under the same conditions, the Parties shall take such measures as are necessary, in the case of an infringement of an intellectual property right committed on a commercial scale, to enable the competent judicial authorities to order, where appropriate and following an application, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

Article 224. Measures for Preserving Evidence

1. The Parties shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support the claim that his/her intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto. Those measures shall be taken, if necessary without the other party being heard, in particular where any delay is likely to cause irreparable harm to the right-holder or where there is a demonstrable risk of evidence being destroyed.

2. The Parties shall ensure that the measures to preserve evidence are revoked or otherwise cease to have effect, upon request of the defendant, without prejudice to the damages which may be claimed, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits before the competent judicial authority.

Article 225. Right to Information

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 226. Provisional and Precautionary Measures

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

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

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

4. The Parties shall ensure that the provisional measures referred to in paragraphs 1, 2 and 3 of this Article may, in appropriate cases, be taken without the defendant having been heard, in particular where any delay would cause irreparable harm to the right-holder. In that event, the Parties shall be so informed without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable time after notification of the measures, whether those measures shall be modified, revoked or confirmed.

5. The Parties shall ensure that the provisional measures referred to in paragraphs 1, 2 and 3 of this Article are revoked or otherwise cease to have effect, upon request of the defendant, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits of the case before the competent judicial authority.

6. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

Article 227. Corrective Measures

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

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

Article 228. Injunctions

The Parties shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. Where provided for by domestic law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance. The Parties shall also ensure that right-holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right.

Article 229. Alternative Measures

The Parties may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in Article 227 and/or Article 228 of this Agreement, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 227 and/or Article 228 of this Agreement if that person acted unintentionally and without negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Article 230. Damages

1. The Parties shall ensure that when the judicial authorities set damages:

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

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

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

Article 231. Legal Costs

The Parties shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall as a general rule be borne by the unsuccessful party, unless this would be contrary to the principle of equity.

Article 232. Publication of Judicial Decisions

The Parties shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for disseminating the information concerning the decision, including displaying the decision and publishing it in full or in part. The Parties may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

Article 233. Administrative Procedures

To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set forth in the relevant provisions of this Sub- section.

Subsection 2. LIABILITY OF INTERMEDIARY SERVICE PROVIDERS

Article 234. Use of Intermediaries' Services

Both Parties recognise that the services of intermediaries may be used by third parties for infringement-related activities. To ensure the free movement of information services and at the same time enforce intellectual property rights in the digital environment, each Party shall provide for the measures set out in this Sub-section in respect of intermediary service providers. This Sub-section only applies to liability that could result from infringements in the field of intellectual property rights, in particular copyright (35).

(35) The exemptions from liability established in this Article cover only cases where the activity of the information society service provider is limited to the technical process of operating and giving access to a communication network over which information made available by third parties is transmitted or temporarily stored, for the sole purpose of making the transmission more efficient; this activity is of a mere technical, automatic and passive nature, which implies that the information society service provider has neither knowledge of nor control over the information which is transmitted or stored.

Article 235. Liability of Intermediary Service Providers: "Mere Conduit"

1. Where an information society service that is provided consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the Parties shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:

(a) does not initiate the transmission;

(b) does not select the receiver of the transmission; and

(c) does not select or modify the information contained in the transmission.

2. The acts of transmission and of provision of access referred to in paragraph 1 of this Article include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for such transmission.

3. This Article shall not affect the possibility for a court or administrative authority, in accordance with the Parties legal systems, to require the service provider to terminate or prevent an infringement.

Article 236. Liability of Intermediary Service Providers: "Caching"

1. Where an information society service that is provided consists of the transmission in a communication network of information provided by a recipient of the service, the Parties shall ensure that the service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service at their request, on condition that:

(a) the provider does not modify the information; (b) the provider complies with conditions on access to the information;

(c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(d) the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and

(ec) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.

2. This Article shall not affect the possibility for a court or administrative authority, in accordance with Parties' legal systems, of requiring the service provider to terminate or prevent an infringement.

Article 237. Liability of Intermediary Service Providers: "Hosting"

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, the Parties shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that:

(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or

(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

2. Paragraph 1 of this Article shall not apply when the recipient of the service is acting under the authority or the control of the provider.

3. This Article shall not affect the possibility for a court or administrative authority, in accordance with the Parties' legal systems, to require the service provider to terminate or prevent an infringement, nor does it affect the possibility of the Parties establishing procedures governing the removal or disablement of access to information.

Article 238. No General Obligation to Monitor

1. The Parties shall not impose, on providers of services covered by Articles 235, 236 and 237 of this Agreement, a general obligation to monitor the information which they transmit or store, nor a general obligation to actively seek facts or circumstances indicating illegal activity.

2. The Parties may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

Subsection 3. OTHER PROVISIONS

Article 239. Border Measures

1. For the purposes of this provision, "goods infringing an intellectual property right" means:

(a) "counterfeit goods", namely:

(i) goods, including packaging, bearing without authorisation a trade mark which is identical to a trade mark duly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which thereby infringes the trade mark holder's rights;

(ii) any trade mark symbol (logo, label, sticker, brochure, instructions for use or guarantee document), even if presented separately, on the same conditions as apply to the goods referred to in subparagraph (i);

(iii) packaging materials bearing the trade marks of counterfeit goods, presented separately, on the same conditions as apply to the goods referred to in subparagraph (i);

(b) "pirated goods", namely goods which are or contain copies made without the consent of the holder, or of a person duly authorised by the holder in the country of production, of a copyright or related right or design right, regardless of whether it is registered in domestic law;

(c) goods which, according to the law of the Party in which the application for customs action is made, infringe:

(i) a patent;

(ii) a supplementary protection certificate;

(iii) a plant variety right;

(iv) a design;

(v) a geographical indication.

2. The Parties shall, unless otherwise provided for in this Sub-section, adopt procedures (36) to enable a right-holder who has valid grounds for suspecting that the importation, exportation, re-exportation, entry into or exit from the customs territory, placement under a suspensive procedure or placement in a free zone or a free warehouse of goods infringing an intellectual property right may take place, to lodge an application in writing with the competent authorities, administrative or judicial, for suspension by the customs authorities of the release into free circulation or the detention of such goods.

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

4. Any rights or duties established in Section 4 of Part III of the TRIPS Agreement concerning the importer shall be also applicable to the exporter or to the holder of the goods.

5. The Parties shall cooperate with a view to the provision of technical assistance and capacity-building for the implementation of this Article.

(36) It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right-holder.

Article 240. Codes of Conduct and Forensic Cooperation

The Parties shall encourage:

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

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

Article 241. Cooperation

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

2. Subject to the provisions of Title V (Economic and Sector Co-operation) and in line with the provisions of Title VI (Financial Cooperation, with Anti-Fraud Provisions) of this Agreement, areas of co-operation include, but are not limited to, the following activities:

(a) exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement;

(b) exchange of experiences in the United Kingdom and Ukraine concerning enforcement of intellectual property rights;

(c) exchange of experiences in the United Kingdom and Ukraine concerning central and sub-central enforcement by customs, police, administrative and judiciary bodies; co-ordination to prevent exports of counterfeit goods, including with other countries;

(d) capacity-building; exchange and training of personnel;

(e) promotion and dissemination of information on intellectual property rights in, inter alia, business circles and civil society; public awareness of consumers and right-holders;

(f) enhancement of institutional co-operation, for example between intellectual property offices;

(g) actively promoting awareness and education of the general public about intellectual property rights policies: formulating effective strategies to identify key audiences and creating communication programmes to increase consumer and media awareness of the impact of intellectual property violations, including the risk to health and safety and the connection with organised crime.

3. | Without prejudice and as a complement to paragraphs 1 and 2 of this Article, the Parties agree to maintain an effective dialogue on intellectual property issues ("IP Dialogue"), which will report to the Trade Committee, to address topics relevant to the protection and enforcement of intellectual property rights covered by this Chapter, and also any other relevant issue.

Chapter 10. COMPETITION

Section 1. ANTITRUST AND MERGERS

Article 242. Definitions

For the purposes of this Section:

1. "competition authority" means:

(a) for the UK, the Competition and Markets Authority (CMA) and

(b) for Ukraine the Anti-monopoly Committee of Ukraine.

2. "competition laws"; means:

(a) for the United Kingdom, The Competition Act 1998 (c.41), and Part 3 and Schedules 7, 8 and 10 to the Enterprise Act 2002 (c.40);

(b) for Ukraine, Law N° 2210-I of 11 January 2001 (with amendments) and its implementing regulations and amendments. In the event of conflict between a provision of Law N° 2210-III and another substantive provision on competition, Ukraine shall ensure that the former shall prevail to the extent of the conflict; as well as

(c) any changes that the abovementioned instruments may undergo after the entry into force of this Agreement.

3. Terms used in this Section are further explained in Annex XVII.

Article 243. Principles

The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business practices and transactions have the potential to distort the proper functioning of markets and generally undermine the benefits of trade liberalisation. They therefore agree that the following practices and transactions, as specified in their respective competition laws, are inconsistent with this Agreement, in so far as they may affect trade between the Parties:

  • Article   1 Objectives 1
  • Title   I GENERAL PRINCIPLES 1
  • Article   2 1
  • Title   II STRATEGIC POLITICAL DIALOGUE AND COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY 1
  • Article   3 Aims of Strategic Political Dialogue 1
  • Article   4 Fora for the Conduct of the Strategic Partnership Dialogue 1
  • Article   5 Dialogue and Cooperation on Domestic Reform 1
  • Article   6 Foreign and Security Policy 1
  • Article   7 Peaceful Conflict Resolution and Post-Conflict Recovery 1
  • Article   8 Regional Stability 1
  • Article   9 Military and Military-Technical Cooperation 1
  • Article   10 Non-proliferation of Weapons of Mass Destruction 1
  • Article   11 Arms Control, Arms Export Control and the Fight Against Illicit Trafficking of Arms 1
  • Article   12 Fight Against Crime 1
  • Title   III JUSTICE, FREEDOM AND SECURITY 1
  • Article   13 Rule of Law and Respect for Human Rights and Fundamental Freedoms 1
  • Article   14 Protection of Personal Data 1
  • Article   15 Cooperation on Migration, Asylum and Border Management 1
  • Article   16 Treatment of Workers 1
  • Article   17 Mobility of Workers 1
  • Article   18 Movement of Persons 1
  • Article   19 Fight Against Money Laundering and Terrorism Financing 1
  • Article   20 Cooperation In the Fight Against Illicit Drugs, and on Precursors and Psychotropic Substances 1
  • Article   21 Fight Against Crime and Corruption 1
  • Article   22 Cooperation In Fighting Terrorism 2
  • Article   23 Legal Cooperation 2
  • Article   24 Diplomatic Missions 2
  • Title   IV TRADE AND TRADE-RELATED MATTERS 2
  • Chapter   1 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 2
  • Section   1 COMMON PROVISIONS 2
  • Article   25 Objective 2
  • Article   26 Scope and Coverage 2
  • Section   2 ELIMINATION OF CUSTOMS DUTIES, FEES AND OTHER CHARGES 2
  • Article   27 Definition of Customs Duties 2
  • Article   28 Classification of Goods 2
  • Article   29 Elimination of Customs Duties on Imports 2
  • Article   30 Standstill 2
  • Article   31 Customs Duties on Exports 2
  • Article   32 Export Subsidies and Measures of Equivalent Effect 2
  • Article   33 Fees and other Charges 2
  • Section   3 NON-TARIFF MEASURES 2
  • Article   34 National Treatment 2
  • Article   35 Import and Export Restrictions 2
  • Section   4 SPECIFIC PROVISIONS RELATED TO GOODS 2
  • Article   36 General Exceptions 2
  • Section   5 ADMINISTRATIVE COOPERATION AND COORDINATION WITH OTHER COUNTRIES 2
  • Article   37 Special Provisions on Administrative Cooperation 2
  • Article   38 Management of Administrative Errors 2
  • Article   39 Agreements with other Countries 2
  • Chapter   2 TRADE REMEDIES 2
  • Section   1 GLOBAL SAFEGUARD MEASURES 2
  • Article   40 General Provisions 2
  • Article   41 Transparency 2
  • Article   42 Application of Measures 2
  • Article   43 Developing Country 2
  • Section   2 ANTI-DUMPING AND COUNTERVAILING MEASURES 2
  • Article   44 General Provisions 2
  • Article   45 Transparency 2
  • Article   46 Consideration of Public Interest 2
  • Article   47 Lesser Duty Rule 2
  • Article   48 Application of Measures and Reviews 2
  • Section   3 CONSULTATIONS 2
  • Article   49 Consultations 2
  • Section   4 INSTITUTIONAL PROVISIONS 2
  • Article   50 Dialogue on Trade Remedies 2
  • Section   5 DISPUTE SETTLEMENT 2
  • Article   51 Dispute Settlement 2
  • Chapter   3 TECHNICAL BARRIERS TO TRADE 2
  • Article   52 Scope and Definitions 2
  • Article   53 Affirmation of the TBT Agreement 2
  • Article   54 Technical Cooperation 2
  • Article   55 Agreement on Conformity Assessment and Acceptance of Industrial Products 3
  • Article   56 Marking and Labelling 3
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   57 Objective 3
  • Article   58 Multilateral Obligations 3
  • Article   59 Scope 3
  • Article   60 Definitions 3
  • Article   61 Competent Authorities 3
  • Article   62 Recognition for Trade Purposes of Animal Health and Pest Status and Regional Conditions 3
  • Article   63 Determination of Equivalence 3
  • Article   64 Transparency and Exchange of Information 3
  • Article   65 Notification, Consultation and Facilitation of Communication 3
  • Article   66 Trade Conditions 3
  • Article   67 Certification Procedure 3
  • Article   68 Verification 3
  • Article   69 Import Checks and Inspection Fees 3
  • Article   70 Safeguard Measures 4
  • Article   71 Sanitary and Phytosanitary Management (SPS) Sub-Committee 4
  • Chapter   5 CUSTOMS AND TRADE FACILITATION 4
  • Article   72 Objectives 4
  • Article   73 Legislation and Procedures 4
  • Article   74 Relations with the Business Community 4
  • Article   75 Fees and Charges 4
  • Article   76 Customs Valuation 4
  • Article   77 Customs Cooperation 4
  • Article   78 Mutual Administrative Assistance In Customs Matters 4
  • Article   79 Technical Assistance and Capacity-Building 4
  • Article   80 Customs Sub-Committee 4
  • Chapter   6 ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE 4
  • Section   1 GENERAL PROVISIONS 4
  • Article   81 Objective, Scope and Coverage 4
  • Article   82 Definitions 4
  • Section   2 ESTABLISHMENT 5
  • Article   83 Scope 5
  • Article   84 National Treatment and Most Favourable Nation Treatment 5
  • Article   85 Review 5
  • Article   86 Other Agreements 5
  • Article   87 Standard of Treatment for Branches and Representative Offices 5
  • Section   3 CROSS-BORDER SUPPLY OF SERVICES 5
  • Article   88 Scope 5
  • Article   89 Market Access 5
  • Article   90 National Treatment 5
  • Article   91 Lists of Commitments 5
  • Article   92 Review 5
  • Section   4 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES 5
  • Article   93 Scope 5
  • Article   94 Key Personnel 5
  • Article   95 Graduate Trainees 5
  • Article   96 Business Services Sellers 5
  • Article   97 Contractual Services Suppliers 5
  • Article   98 Independent Professionals 5
  • Section   5 REGULATORY FRAMEWORK 5
  • Subsection   1 DOMESTIC REGULATION 5
  • Article   99 Scope and Definitions 5
  • Article   101 Licensing Procedures 6
  • Subsection   2 PROVISIONS OF GENERAL APPLICATION 6
  • Article   102 Mutual Recognition 6
  • Article   103 Transparency and Disclosure of Confidential Information 6
  • Subsection   3 COMPUTER SERVICES 6
  • Article   104 Understanding on Computer Services 6
  • Subsection   4 POSTAL AND COURIER SERVICES 6
  • Article   105 Scope and Definitions 6
  • Article   106 Prevention of Anti-Competitive Practices In the Postal and Courier Sector 6
  • Article   107 Universal Service 6
  • Article   108 Licences 6
  • Subsection   5 ELECTRONIC COMMUNICATIONS 6
  • Article   110 Scope and Definitions 6
  • Article   111 Regulatory Authority 6
  • Article   112 Authorisation to Provide Electronic Communication Services 6
  • Article   113 Access and Interconnection 6
  • Article   114 Scarce Resources 6
  • Article   115 Universal Service 6
  • Article   116 Cross-Border Provision of Electronic Communication Services 6
  • Article   117 Confidentiality of Information 6
  • Article   118 Disputes between Service Suppliers 6
  • Subsection   6 FINANCIAL SERVICES 6
  • Article   119 Scope and Definitions 6
  • Article   120 Prudential Carve-out 7
  • Article   121 Effective and Transparent Regulation 7
  • Article   122 New Financial Services 7
  • Article   123 Data Processing 7
  • Article   124 Specific Exceptions 7
  • Article   125 Self-Regulatory Organisations 7
  • Article   126 Clearing and Payment Systems 7
  • Subsection   7 TRANSPORT SERVICES 7
  • Article   127 Scope 7
  • Article   128 International Maritime Transport 7
  • Article   129 Road, Rail and Inland Waterways Transport 7
  • Article   130 Air Transport 7
  • Section   6 ELECTRONIC COMMERCE 7
  • Article   131 Objective and Principles 7
  • Article   132 Regulatory Aspects of Electronic Commerce 7
  • Section   7 EXCEPTIONS 7
  • Article   133 General Exceptions 7
  • Article   134 Recognition and Taxation Measures 7
  • Article   135 Security Exceptions 7
  • Chapter   7 CURRENT PAYMENTS AND MOVEMENT OF CAPITAL 7
  • Article   136 Current Payments 7
  • Article   137 Capital Movements 7
  • Article   138 Safeguard Measures 7
  • Article   139 Facilitation and Further Liberalisation Provisions 7
  • Chapter   8 PUBLIC PROCUREMENT 7
  • Article   140 Objectives 7
  • Article   141 Scope 7
  • Article   142 Institutional Background 7
  • Article   143 Basic Standards Regulating the Award of Contracts 7
  • Article   144 Market Access 8
  • Article   145 Information 8
  • Article   146 Cooperation 8
  • Chapter   9 INTELLECTUAL PROPERTY 8
  • Section   1 GENERAL PROVISIONS 8
  • Article   147 Objectives 8
  • Article   148 Nature and Scope of Obligations 8
  • Article   149 Transfer of Technology 8
  • Article   150 Exhaustion 8
  • Section   2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 8
  • Subsection   1 COPYRIGHT AND RELATED RIGHTS 8
  • Article   151 Protection Granted 8
  • Article   152 Duration of Authors' Rights 8
  • Article   153 Duration of Protection of Cinematographic or Audiovisual Works 8
  • Article   154 Duration of Related Rights 8
  • Article   155 Protection of Previously Unpublished Works 8
  • Article   156 Critical and Scientific Publications 8
  • Article   157 Protection of Photographs 8
  • Article   158 Cooperation on Collective Management of Rights 8
  • Article   159 Fixation Right 8
  • Article   160 Broadcasting and Communication to the Public 8
  • Article   161 Distribution Right 8
  • Article   162 Limitations 8
  • Article   163 Reproduction Right 8
  • Article   164 Right of Communication to the Public of Works and Right of Making Available to the Public other Subject Matter 8
  • Article   165 Exceptions and Limitations 8
  • Article   166 Protection of Technological Measures 8
  • Article   167 Protection of Rights-Management Information 8
  • Article   168 Right-Holders and Subject Matter of Rental and Lending Right 8
  • Article   169 Unwaivable Right to Equitable Remuneration 9
  • Article   170 Protection of Computer Programs 9
  • Article   171 Authorship of Computer Programs 9
  • Article   172 Restricted Acts Relating to Computer Programs 9
  • Article   173 Exceptions to the Restricted Acts Relating to Computer Programs 9
  • Article   174 Decompilation 9
  • Article   175 Protection of Databases 9
  • Article   176 Object of Protection 9
  • Article   177 Database Authorship 9
  • Article   178 Restricted Acts Relating to Databases 9
  • Article   179 Exceptions to Restricted Acts Relating to Databases 9
  • Article   180 Resale Right 9
  • Article   181 Broadcasting of Programmes by Satellite 9
  • Article   182 Cable Retransmission 9
  • Subsection   2 TRADE MARKS 9
  • Article   183 Registration Procedure 9
  • Article   184 Well-known Trade Marks 9
  • Article   185 Rights Conferred by a Trade Mark 9
  • Article   186 Exceptions to the Rights Conferred by a Trade Mark 9
  • Article   187 Use of Trade Marks 9
  • Article   188 Grounds for Revocation 9
  • Article   189 Partial Refusal, Revocation or Invalidity 9
  • Article   190 Term of Protection 9
  • Subsection   3 GEOGRAPHICAL INDICATIONS 9
  • Article   191 Scope of the Sub-section 9
  • Article   192 Established Geographical Indications 9
  • Article   193 Addition of New Geographical Indications 9
  • Article   194 Scope of Protection of Geographical Indications 9
  • Article   195 Right of Use of Geographical Indications 9
  • Article   196 Relationship with Trade Marks 9
  • Article   197 Enforcement of Protection 10
  • Article   198 Temporary Measures 10
  • Article   199 General Rules 10
  • Article   200 Cooperation and Transparency 10
  • Article   201 Sub-Committee on Geographical Indications 10
  • Subsection   4 DESIGNS 10
  • Article   202 Definition 10
  • Article   203 Requirements for Protection 10
  • Article   204 Term of Protection 10
  • Article   205 Invalidity or Refusal of Registration 10
  • Article   206 Rights Conferred 10
  • Article   207 Exceptions 10
  • Article   208 Relationship to Copyright 10
  • Subsection   5 PATENTS 10
  • Article   209 Patents and Public Health 10
  • Article   210 Supplementary Protection Certificate 10
  • Article   211 Protection of Biotechnological Inventions 10
  • Article   212 Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market 10
  • Article   213 Data Protection on Plant Protection Products 10
  • Subsection   6 TOPOGRAPHIES OF SEMI-CONDUCTOR PRODUCTS 10
  • Article   214 Definition 10
  • Article   215 Requirements for Protection 10
  • Article   216 Exclusive Rights 10
  • Article   217 Term of Protection 11
  • Subsection   7 OTHER PROVISIONS 11
  • Article   218 Plant Varieties 11
  • Article   219 Genetic Resources, Traditional Knowledge and Folklore 11
  • Section   3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 11
  • Article   220 General Obligations 11
  • Article   221 Entitled Applicants 11
  • Subsection   1 CIVIL MEASURES, PROCEDURES AND REMEDIES 11
  • Article   222 Presumption of Authorship or Ownership 11
  • Article   223 Evidence 11
  • Article   224 Measures for Preserving Evidence 11
  • Article   225 Right to Information 11
  • Article   226 Provisional and Precautionary Measures 11
  • Article   227 Corrective Measures 11
  • Article   228 Injunctions 11
  • Article   229 Alternative Measures 11
  • Article   230 Damages 11
  • Article   231 Legal Costs 11
  • Article   232 Publication of Judicial Decisions 11
  • Article   233 Administrative Procedures 11
  • Subsection   2 LIABILITY OF INTERMEDIARY SERVICE PROVIDERS 11
  • Article   234 Use of Intermediaries' Services 11
  • Article   235 Liability of Intermediary Service Providers: "Mere Conduit" 11
  • Article   236 Liability of Intermediary Service Providers: "Caching" 11
  • Article   237 Liability of Intermediary Service Providers: "Hosting" 11
  • Article   238 No General Obligation to Monitor 11
  • Subsection   3 OTHER PROVISIONS 11
  • Article   239 Border Measures 11
  • Article   240 Codes of Conduct and Forensic Cooperation 11
  • Article   241 Cooperation 11
  • Chapter   10 COMPETITION 11
  • Section   1 ANTITRUST AND MERGERS 11
  • Article   242 Definitions 11
  • Article   243 Principles 11
  • Article   244 Implementation 12
  • Article   245 Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights 12
  • Article   246 State Monopolies 12
  • Article   247 Exchange of Information and Enforcement Cooperation 12
  • Article   248 Consultations 12
  • Article   249 12
  • Section   2 STATE AID 12
  • Article   250 General Principles 12
  • Article   251 Transparency 12
  • Article   252 Interpretation 12
  • Article   253 Relationship with WTO 12
  • Article   254 Scope 12
  • Chapter   11 TRADE-RELATED ENERGY 12
  • Article   255 Definitions 12
  • Article   256 Domestic Regulated Prices 12
  • Article   257 Prohibition of Dual Pricing 12
  • Article   258 Customs Duties and Quantitative Restrictions 12
  • Article   259 Transit 12
  • Article   260 Transport 12
  • Article   261 Cooperation on Infrastructure 12
  • Article   262 Unauthorised Taking of Energy Goods 12
  • Article   263 Interruption 12
  • Article   264 Regulatory Authority for Electricity and Gas 12
  • Article   265 Access to and Exercise of the Activities of Prospecting, Exploring for and Producing Hydrocarbons 12
  • Article   266 Licensing and Licensing Conditions 12
  • Chapter   12 TRANSPARENCY 12
  • Article   267 Definitions 12
  • Article   268 Objective and Scope 12
  • Article   269 Publication 12
  • Article   270 Enquiries and Contact Points 12
  • Article   271 Administrative Proceedings 12
  • Article   272 Review and Appeal 12
  • Article   273 Regulatory Quality and Performance and Good Administrative Behaviour 12
  • Article   274 Non-discrimination 12
  • Chapter   13 TRADE AND SUSTAINABLE DEVELOPMENT 12
  • Article   275 Context and Objectives 12
  • Article   276 Right to Regulate 12
  • Article   277 Multilateral Labour Standards and Agreements 12
  • Article   278 Multilateral Environmental Agreements 13
  • Article   279 Trade Favouring Sustainable Development 13
  • Article   280 Trade In Forest Products 13
  • Article   281 Trade In Fish Products 13
  • Article   282 Upholding Levels of Protection 13
  • Article   283 Scientific Information 13
  • Article   284 Review of Sustainability Impacts 13
  • Article   285 Civil Society Institutions 13
  • Article   286 Institutional and Monitoring Mechanisms 13
  • Article   287 Group of Experts 13
  • Article   288 Cooperation on Trade and Sustainable Development 13
  • Chapter   14 DISPUTE SETTLEMENT  (37) 13
  • Article   289 Objective 13
  • Article   290 Scope 13
  • Article   291 Consultations 13
  • Section   1 ARBITRATION PROCEDURE 13
  • Article   292 Initiation of the Arbitration Procedure 13
  • Article   293 Composition of the Arbitration Panel 13
  • Article   294 Interim Panel Report 13
  • Article   295 Conciliation for Urgent Energy Disputes 13
  • Article   296 Arbitration Panel Ruling 13
  • Section   2 COMPLIANCE 13
  • Article   297 Compliance with the Arbitration Panel Ruling 13
  • Article   298 Reasonable Period of Time for Compliance 13
  • Article   299 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 13
  • Article   300 Remedies for Urgent Energy Disputes 13
  • Article   301 Temporary Remedies In Case of Non-Compliance 13
  • Article   302 Review of Any Measure Taken to Comply after the Suspension of Obligations 13
  • Section   3 COMMON PROVISIONS 13
  • Article   303 Mutually Agreed Solution 13
  • Article   304 Rules of Procedure 13
  • Article   305 Information and Technical Advice 13
  • Article   306 Rules of Interpretation 13
  • Article   307 Arbitration Panel Decisions and Rulings 13
  • Section   4 GENERAL PROVISIONS 13
  • Article   308 Arbitrators 13
  • Article   309 Relation with WTO Obligations 13
  • Article   310 Time Limits 13
  • Article   311 Modification of the Chapter 13
  • Chapter   15 MEDIATION MECHANISM 13
  • Article   312 Objective and Scope 13
  • Section   1 PROCEDURE UNDER THE MEDIATION MECHANISM 14
  • Article   313 Request for Information 14
  • Article   314 Initiation of the Procedure 14
  • Article   315 Selection of the Mediator 14
  • Article   316 Rules of the Mediation Procedure 14
  • Section   2 IMPLEMENTATION 14
  • Article   317 Implementation of a Mutually Agreed Solution 14
  • Section   3 GENERAL PROVISIONS 14
  • Article   318 Relationship to Dispute Settlement 14
  • Article   319 Time Limits 14
  • Article   320 Costs 14
  • Article   321 Review 14
  • Title   V ECONOMIC AND SECTOR COOPERATION 14
  • Chapter   1 ENERGY COOPERATION, INCLUDING NUCLEAR ISSUES 14
  • Article   322 14
  • Article   323 14
  • Article   324 14
  • Chapter   2 MACRO-ECONOMIC COOPERATION 14
  • Article   325 14
  • Article   326 14
  • Chapter   3 MANAGEMENT OF PUBLIC FINANCES: BUDGET POLICY, INTERNAL CONTROL AND EXTERNAL AUDIT 14
  • Article   327 14
  • Article   328 14
  • Chapter   4 TAXATION 14
  • Article   329 14
  • Article   330 14
  • Article   331 14
  • Article   332 14
  • Chapter   5 STATISTICS 14
  • Article   333 14
  • Article   334 14
  • Article   335 14
  • Article   336 14
  • Chapter   6 ENVIRONMENT 14
  • Article   337 14
  • Article   338 14
  • Article   339 15
  • Article   340 15
  • Article   341 15
  • Chapter   7 TRANSPORT 15
  • Article   342 15
  • Article   343 15
  • Article   344 15
  • Chapter   8 SPACE 15
  • Article   345 15
  • Article   346 15
  • Chapter   9 COOPERATION IN SCIENCE AND TECHNOLOGY 15
  • Article   347 15
  • Article   348 15
  • Article   349 15
  • Chapter   10 INDUSTRIAL AND ENTERPRISE POLICY 15
  • Article   350 15
  • Article   351 15
  • Chapter   11 MINING AND METALS 15
  • Article   352 15
  • Article   353 15
  • Chapter   12 FINANCIAL SERVICES 15
  • Article   354 15
  • Article   355 15
  • Article   356 15
  • Chapter   13 COMPANY LAW, CORPORATE GOVERNANCE, ACCOUNTING AND AUDITING 15
  • Article   357 15
  • Chapter   14 INFORMATION SOCIETY 15
  • Article   358 15
  • Article   359 15
  • Article   360 15
  • Article   361 15
  • Article   362 15
  • Chapter   15 AUDIO-VISUAL POLICY 15
  • Article   363 15
  • Article   364 15
  • Chapter   16 TOURISM 15
  • Article   365 15
  • Article   366 15
  • Article   367 15
  • Chapter   17 AGRICULTURE AND RURAL DEVELOPMENT 15
  • Article   368 15
  • Article   369 16
  • Chapter   18 FISHERIES AND MARITIME POLICIES 16
  • Section   1 FISHERIES POLICY 16
  • Article   370 16
  • Article   371 16
  • Chapter   18 FISHERIES AND MARITIME POLICIES 16
  • Section   1 FISHERIES POLICY 16
  • Article   370 16
  • Article   371 16
  • Article   372 16
  • Chapter   19 CONSUMER PROTECTION 16
  • Article   375 16
  • Article   376 16
  • Chapter   20 COOPERATION ON EMPLOYMENT, SOCIAL POLICY AND EQUAL OPPORTUNITIES 16
  • Article   377 16
  • Article   378 16
  • Article   379 16
  • Article   380 16
  • Article   381 16
  • Chapter   21 PUBLIC HEALTH 16
  • Article   382 16
  • Article   383 16
  • Chapter   22 EDUCATION, TRAINING, AND YOUTH 16
  • Article   384 16
  • Article   385 16
  • Article   386 16
  • Article   387 16
  • Article   388 16
  • Chapter   23 CULTURE 16
  • Article   389 16
  • Article   390 16
  • Article   391 16
  • Chapter   24 COOPERATION IN THE FIELD OF SPORT AND PHYSICAL ACTIVITY 16
  • Article   392 16
  • Chapter   25 CIVIL SOCIETY COOPERATION 16
  • Article   393 16
  • Article   394 16
  • Chapter   26 REGIONAL COOPERATION 16
  • Article   395 16
  • Title   VI FINANCIAL COOPERATION WITH ANTI-FRAUD PROVISIONS 16
  • Article   396 16
  • Article   397 17
  • Article   398 17
  • Article   399 17
  • Title   VII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 17
  • Chapter   1 INSTITUTIONAL FRAMEWORK 17
  • Article   400 17
  • Article   401 17
  • Article   402 17
  • Article   403 17
  • Article   404 17
  • Article   405 17
  • Chapter   2 GENERAL AND FINAL PROVISIONS 17
  • Article   406 Access to Courts and Administrative Organs 17
  • Article   407 Measures Related to Essential Security Interests 17
  • Article   408 Non-discrimination 17
  • Article   409 Fulfilment of Obligations 17
  • Article   410 Dispute Settlement 17
  • Article   411 Immediate Termination or Suspension of the Agreement 17
  • Article   412 Relation to other Agreements 17
  • Article   413 References to EU Law 17
  • Article   414 Annexes and Protocols 17
  • Article   415 Duration 17
  • Article   416 Territorial Application 17
  • Article   417 Authentic Texts 17
  • Article   418 Entry Into Force 17
  • Annex XII  ANNEX XII to Chapter 6 17
  • Annex XII-A  ANNEX XII-A to Chapter 6 17
  • Annex XII-D  ANNEX XII-D to Chapter 6 18
  • Annex XIX  ANNEX XIX to Chapter 14 18
  • Annex XX  ANNEX XX to Chapter 15 19