Ukraine - United Kingdom Free Trade and Strategic Partnership (2020)
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Publication

2. The Parties shall ensure that all intended procurements are published in an appropriate media in a manner that is sufficient:

(a) to enable the market to be opened up to competition; and

(b) to allow any interested economic operator to have appropriate access to information regarding the intended procurement prior to the award of the contract and to express its interest in obtaining the contract.

3. The publication shall be appropriate to the economic interest of the contract to economic operators.

4. The publication shall contain at least the essential details of the contract to be awarded, the criteria for qualitative selection, the award method, the contract award criteria and any other additional information that the economic operators reasonably need to make a decision on whether to express their interest in obtaining the contract.

Award of Contracts

5. All contracts shall be awarded through transparent and impartial award procedures that prevent corruptive practices. This impartiality shall be ensured especially through the non-discriminatory description of the subject matter of the contract, equal access for all economic operators, appropriate time limits and a transparent and objective approach.

6. When describing the characteristics of the required work, supply or service, the contracting entities shall use general descriptions of performance and functions and international or national standards.

7. The description of the characteristics required of a work, supply or service should not refer to a specific make or source, or a particular process, or to trade marks, patents, types or a specific origin or production unless such a reference is justified by the subject matter of the contract and accompanied by the words "or equivalent". Preference shall be given to the use of general descriptions of performance or functions.

8. Contracting entities shall not impose conditions resulting in direct or indirect discrimination against the economic operators of the other Party, such as the requirement that economic operators interested in the contract must be established in the same country, region or territory as the contracting entity.

Notwithstanding the above, in cases where it is justified by the specific circumstances of the contract, the successful applicant may be required to establish certain business infrastructure at the place of performance.

9. The time limits for expression of interest and for submission of offers shall be sufficiently long to allow economic operators from the other Party to make a meaningful assessment of the tender and prepare their offer.

10. All participants must be able to know the applicable rules, selection criteria and award criteria in advance. These rules must apply equally to all participants.

11. Contracting entities may invite a limited number of applicants to submit an offer, provided that:

(a) this is done in a transparent and non-discriminatory manner; and

(b) the selection is based only on objective factors such as the experience of the applicants in the sector concerned, the size and infrastructure of their businesses or their technical and professional abilities.

In inviting a limited number of applicants to submit an offer, account should be taken of the need to ensure adequate competition.

12. Contracting entities may use negotiated procedures only in exceptional defined cases when the use of such a procedure effectively does not distort competition.

13. Contracting entities may use qualification systems only on condition that the list of qualified operators is compiled by means of a sufficiently advertised, transparent and open procedure. Contracts falling within the scope of such systems shall be awarded also on a non discriminatory basis.

14. The Parties shall ensure that contracts are awarded in a transparent manner to the applicant who has submitted the economically most advantageous offer or the offer with the lowest price, based on the tender criteria and the procedural tules established and communicated in advance. The final decisions are to be communicated to all applicants without undue delay. Upon request of an unsuccessful applicant, reasons must be provided in sufficient detail to allow a review of the decision.

Judicial Protection

15. The Parties shall ensure that any person having or having had an interest in obtaining a particular contract and who has been, or risks, being harmed by an alleged infringement is entitled to effective, impartial judicial protection against any decision of the contracting entity related to the award of that contract. The decisions taken in the course and at the end of such review procedure shall be made public in a manner that is sufficient to inform all interested economic operators.

Article 144. Market Access

The Parties agree that the effective and reciprocal opening of their respective markets shall be attained gradually and simultaneously in accordance with the timetable in Annex XVI-A to this Agreement.

The Parties will examine the possibility to mutually grant market access with regard to procurements even below the value thresholds set out in Article 141(3) of this Agreement.

Article 145. Information

1. The Parties shall ensure that contracting entities and economic operators are well informed about public procurement procedures, including through the publication of all relevant legislation and administrative rulings.

2. The Parties shall ensure the effective dissemination of information on tendering opportunities.

Article 146. Cooperation

1. The Parties shall enhance their cooperation through exchange of experience and information relating to their best practices and regulatory frameworks.

2. The United Kingdom shall facilitate the implementation of this Chapter, including through technical assistance where appropriate. In line with the provisions on financial cooperation in Title VI (Financial Co-operation, with Anti-fraud Provisions) of this Agreement, specific decisions on financial assistance shall be taken by both Parties.

3. An indicative list of issues for cooperation is included in Annex XVI-B to this Agreement.

Chapter 9. INTELLECTUAL PROPERTY

Section 1. GENERAL PROVISIONS

Article 147. Objectives

The Objectives of this Chapter are to:

(a) facilitate the production and commercialisation of innovative and creative products in the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Article 148. Nature and Scope of Obligations

1. The Parties shall ensure the adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties including the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement (hereinafter referred to as the "TRIPS Agreement"). The provisions of this Chapter shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property.

2. For the purposes of this Agreement, intellectual property rights embody copyright, including copyright in computer programs and in databases, and rights related to copyright, rights related to patents including patents for bio-technological inventions, trade marks, trade names in so far as these are protected as exclusive property rights in the domestic law concerned, designs, layout-designs (topographies) of integrated circuits, geographical indications, including designations of origin, indications of source, plant varieties, protection of undisclosed information and protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (1967) (hereinafter referred to as the "Paris Convention").

Article 149. Transfer of Technology

1. The Parties agree to exchange views and information on their domestic and international practices and policies affecting transfer of technology. This shall in particular include measures to facilitate information flows, business partnerships, and licensing and subcontracting deals on a voluntary basis. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including issues such as the relevant legal framework and development of human capital.

2. The Parties shall ensure that the legitimate interests of the intellectual property right-holders are protected.

Article 150. Exhaustion

The Parties shall be free to establish their own regime for exhaustion of intellectual property rights, subject to the provisions of the TRIPS Agreement.

Section 2. STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

Subsection 1. COPYRIGHT AND RELATED RIGHTS

Article 151. Protection Granted

The Parties shall comply with:

(a) Articles 1 to 22 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961) (hereinafter referred to as the "Rome Convention");

(b) Articles 1 to 18 of the Berne Convention for the Protection of Literary and Artistic Works (1886, last amended in 1979) (hereinafter referred to as the "Berne Convention");

(c) Articles 1 to 14 of the World Intellectual Property Organisation (hereinafter referred to as 'WIPO') Copyright Treaty (1996) (hereinafter referred to as the "WCT"); and

(d) Articles 1 to 23 of the WIPO Performances and Phonograms Treaty (1996).

Article 152. Duration of Authors' Rights

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for not less than 70 years after his/her death, irrespective of the date when the work is lawfully made available to the public.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.

3. Inthe case of anonymous or pseudonymous works, the term of protection shall run for not less than 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his/her identity, or if the author discloses his/her identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.

4. Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately.

5. In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within 70 years of their creation, the protection shall terminate.

6. Notwithstanding paragraph 5, where a term of protection is longer than the corresponding term provided by this Agreement or is already running in the territory of a Party (as defined under Article 416 of this Agreement) on the date of entry into force of this Agreement, this Agreement shall not have the effect of reducing that term of protection in the territory of that Party.

Article 153. Duration of Protection of Cinematographic or Audiovisual Works

1. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. The Parties shall be free to designate other co-authors.

2. The term of protection of cinematographic or audiovisual works shall expire not less than 70 years after the death of the last of a group of specified persons to survive, whether or not these persons are designated as co-authors. This group should at a minimum include the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.

Article 154. Duration of Related Rights

1. The rights of performers shall expire not less than 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire not less than 50 years from the date of the first such publication or the first such communication to the public, whichever is earlier.

2. The rights of producers of phonograms shall expire not less than 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire not less than 50 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire no less than 50 years from the date of the first lawful communication to the public.

3. | The rights of producers of the first fixation of a film shall expire not less than 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire not less than 50 years from the date of the first such publication or the first such communication to the public, whichever is earlier. The term "film" shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound.

4. The rights of broadcasting organisations shall expire not less than 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.

Article 155. Protection of Previously Unpublished Works

Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.

Article 156. Critical and Scientific Publications

The Parties may also protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.

Article 157. Protection of Photographs

Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 152 of this Agreement. Parties may provide for the protection of other photographs.

Article 158. Cooperation on Collective Management of Rights

The Parties recognise the necessity of establishing agreements between their respective collecting societies for the purpose of mutually ensuring easier access to and delivery of content between the territories of the Parties, as well as ensuring mutual transfer of royalties for use of the Parties' works or other protected subject matter. The Parties recognise the need for their respective collecting societies to achieve a high level of rationalisation and transparency with respect to the execution of their tasks.

Article 159. Fixation Right

1. For the purpose of this Article, fixation means the embodiment of sounds and images, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device.

2. The Parties shall provide performers with the exclusive right to authorise or prohibit the fixation of their performances.

3. The Parties shall provide broadcasting organisations with the exclusive right to authorise or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.

4. Accable distributor shall not have the right provided for in paragraph 2 where it merely retransmits by cable the broadcasts of broadcasting organisations.

Article 160. Broadcasting and Communication to the Public

1. For the purposes of this Article:

(a) "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite; and transmission of encrypted signals, where the means for decrypting are provided to the public by the broadcasting organisation or with its consent;

(b) "communication to the public" means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of paragraph 3, "communication to the public" includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

2. The Parties shall provide performers with the exclusive right to authorise or prohibit the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

3. The Parties shall provide performers and producers of phonograms 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 any communication to the public, and ensure that this remuneration is shared among the relevant performers and phonogram producers. The Parties may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of this remuneration among them.

4. The Parties shall provide broadcasting organisations with the exclusive right to authorise or prohibit re-broadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

Article 161. Distribution Right

1. The Parties shall provide authors, in respect of the original of their works or of copies thereof, with the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise.

2. The Parties shall provide the exclusive right to make available to the public, by sale or otherwise, the objects indicated in subparagraphs (a) to (d) of this paragraph, including copies thereof:

(a) for performers, in respect of fixations of their performances;

(b) for phonogram producers, in respect of their phonograms;

(c) for producers of the first fixation of films, in respect of the original and copies of their films;

(d) for broadcasting organisations, in respect of fixations of their broadcasts as set out in Article 159(3) of this Agreement.

Article 162. Limitations

1. Parties may provide for limitations on the rights referred to in Articles 159, 160 and 161 of this Agreement in respect of:

(a) private use;

(b) use of short excerpts in connection with the reporting of current events;

(c) ephemeral fixation by a broadcasting organisation by means of its own facilities and for its own broadcasts;

(d) use solely for the purposes of teaching or scientific research.

2. Notwithstanding paragraph 1, Parties may provide for the same kinds of limitations with regard to the protection of performers, producers of phonograms, broadcasting organisations and producers of the first fixations of films, as they provide for in connection with the protection of copyright in literary and artistic works. However, compulsory licences may be provided for only to the extent to which they are compatible with the Rome Convention.

3. The limitations set out in paragraphs 1 and 2 of this Article shall be applied only in certain special cases which do not conflict with a normal exploitation of the subject matter and do not unreasonably prejudice the legitimate interests of the right-holder.

Article 163. Reproduction Right

The Parties shall provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:

(a) for authors, of their works;

(b) for performers, of fixations of their performances;

(c) for phonogram producers, of their phonograms;

(d) for the producers of the first fixations of films, in respect of the original and copies of their films;

(e) for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.

Article 164. Right of Communication to the Public of Works and Right of Making Available to the Public other Subject Matter

1. The Parties shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

2. The Parties shall provide for the exclusive right to authorise or prohibit the making available of works to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, namely:

(a) for performers, of fixations of their performances;

(b) for phonogram producers, of their phonograms;

(c) for the producers of the first fixations of films, of the original and copies of their films;

(d) for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.

3. Both Parties agree that the rights referred to in paragraphs 1 and 2 shall not be exhausted by any act of communication to the public or making them available to the public as set out in this Article.

Article 165. Exceptions and Limitations

1. The Parties shall provide that temporary acts of reproduction referred to in Article 163 of this Agreement, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:

(a) transmission in a network between third parties by an intermediary; or

(b) lawful use of a work or other subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 163.

2. Where the Parties provide for an exception or limitation to the right of reproduction provided for in Article 163, they may provide similarly for an exception or limitation to the right of distribution provided for in Article 161(1) of this Agreement to the extent justified by the purpose of the authorised act of reproduction.

3. The Parties may provide for exceptions and limitations to the rights set out in Articles 163 and 164 of this Agreement only in certain special cases which do not conflict with normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the right-holder.

Article 166. Protection of Technological Measures

1. The Parties shall provide adequate legal protection against the circumvention of effective technological measures which the person concerned carries out in the knowledge, or with reasonable grounds for knowing, that he/she is pursuing that objective.

2. The Parties shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:

(a) are promoted, advertised or marketed for the purpose of circumvention of; or

(b) have only a limited commercially significant purpose or use other than to circumvent; or

(c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of any effective technological measures.

3. For the purposes of this Section, the expression "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 or other subject matter, which are not authorised by the right-holder of any copyright or any right related to copyright as provided for by each Party's legislation. Technological measures shall be deemed "effective" where the use of a protected work or other subject matter is controlled by the right-holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.

4. Where Parties provide for limitations to the rights set out in Articles 162 and 165 of this Agreement, they may also ensure that right-holders make available to a beneficiary of an exception or limitation the means of benefiting from that exception or limitation to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject matter concerned.

5. The Parties may provide that the provisions of Article 166(4) of this Agreement shall not apply to works or other subject matter made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 167. Protection of Rights-Management Information

1. The Parties shall provide for adequate legal protection against any person knowingly performing without authority any of the following acts:

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

(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority,

if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by the law of the relevant Party.

2. For the purposes of this Agreement, the expression "rights-management information" means any information provided by right-holders which identifies the work or other subject matter referred to in Sub-section 1, the author or any other right-holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information.

The first paragraph shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter referred to in Sub-section 1.

Article 168. Right-Holders and Subject Matter of Rental and Lending Right

1. The Parties should provide the exclusive right to authorise or prohibit rental and lending for the following:

(a) the author in respect of the original and copies of his/her work;

(b) the performer in respect of fixations of his/her performance;

(c) the phonogram producer in respect of his/her phonograms;

(d) the producer of the first fixation of a film in respect of the original and copies of his film.

2. These provisions shall not cover rental and lending rights in relation to buildings and to works of applied art.

3. The Parties may derogate from the exclusive right provided for in paragraph 1 in respect of public lending, provided that at least authors obtain remuneration for such lending. The Parties shall be free to determine this remuneration, taking account of their cultural promotion objectives.

  • 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