(d) use by employees of their experience and skills honestly acquired in the normal course of their employment.
5. Nothing in this Subsection shall be understood as restricting freedom of expression and information, including media freedom as protected in the jurisdiction of each of the Parties.
secret holder, by a person who is found to:
(i) have acquired the trade secret in a manner referred to in point (a);
(ii) be in breach of a confidentiality agreement or any other duty not to disclose the trade secret; or
(iii) be in breach of a contractual or any other duty to limit the use of the trade secret;
the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of point (b), including where a person has induced another person to carry out the actions referred to in that point.
4. Nothing in this Subsection shall be understood as requiring a Party to consider any of the following forms of conduct as contrary to honest commercial practices:
(a) independent discovery or creation by a person of the relevant information;
(b) reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;
(c) acquisition, use or disclosure of information required or allowed by the relevant domestic law;
(d) use by employees of their experience and skills honestly acquired in the normal course of their employment.
5. Nothing in this Subsection shall be understood as restricting freedom of expression and information, including media freedom as protected in the jurisdiction of each of the Parties.
Article 250. Civil Judicial Procedures and Remedies for Trade Secrets
1. Each Party shall ensure that any person participating in the civil judicial proceedings referred to in Article 249, or who has access to documents which form part of those legal proceedings, is not permitted to use or disclose any trade secret or alleged trade secret which the competent judicial authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which they have become aware as a result of such participation or access.
2. In the civil judicial proceedings referred to in Article 249, each Party shall provide that its judicial authorities have the authority at least to:
(a) order provisional measures to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;
(b) order injunctive relief to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;
(c) order the person that knew or ought to have known that he, she or it was acquiring, using or disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade secret holder damages appropriate to the actual prejudice suffered as a result of such acquisition, use or disclosure of the trade secret;
(d) take specific measures to preserve the confidentiality of any trade secret or alleged trade secret produced in civil proceedings relating to the alleged acquisition, use and disclosure of a trade secret in a manner contrary to honest commercial practices; such specific measures may include, in accordance with the domestic law of the relevant Party, the possibility of:
(i) restricting access to certain documents in whole or in part;
(ii) restricting access to hearings and their corresponding records or transcript; and
(iii) making available a non-confidential version of a judicial decision in which the passages containing trade secrets have been removed or redacted; and
(e) impose sanctions on parties, or other persons subject to the court's jurisdiction, for the violation of remedies or measures adopted by the court pursuant to paragraph 1 or point (d) of this paragraph concerning the protection of a trade secret or alleged trade secret produced in those proceedings.
3. The Parties shall not be required to provide for the judicial procedures and remedies referred to in Article 249 when the conduct contrary to honest commercial practices is carried out, in accordance with their relevant domestic law, to reveal misconduct, wrongdoing or illegal activity or for the purpose of protecting a legitimate interest recognised by law.
Article 251. Protection of Data Submitted to Obtain an Authorisation to Put a Medicinal Product on the Market
1. Each Party shall protect commercially confidential information submitted to obtain an authorisation to put a medicinal product on the market ("marketing authorisation") against disclosure to third parties, unless overriding health interests provide otherwise. Any confidential business information shall also benefit from protection against unfair commercial practices.
2. Each Party shall ensure that, for a period of eight years from the first marketing authorisation in the Party concerned, the public body responsible for the granting of a marketing authorisation shall not take into account confidential business information or the results of pre- clinical tests or clinical trials provided in the first marketing authorisation application and subsequently submitted by a person or entity, whether public or private, in support of another application for authorisation to place a medicinal product on the market without the explicit consent of the person or entity who submitted such data, unless international agreements recognised by both Parties provide otherwise.
3. During a ten-year period, starting from the date of granting of the first marketing authorisation in the Party concerned, a marketing authorisation granted for any subsequent application based on the results of pre-clinical tests or of clinical trials provided in the first marketing authorisation shall not permit placing a medicinal product on the market, unless the subsequent applicant submits his own results of pre-clinical tests or of clinical trials (or results of pre-clinical tests or of clinical trials used with the consent of the party which had provided that information) fulfilling the same requirements as the first applicant.
Products not complying with the requirements set out in this paragraph shall not be allowed on the market.
4. In addition, the ten-year period referred to in paragraph 3 shall be extended to a maximum of 11 years if, during the first eight years after obtaining the authorisation, the authorisation holder obtains authorisation for one or more new therapeutic indications which are considered to bring a significant clinical benefit in comparison with existing therapies.
Article 252. Data Protection on Plant Protection Products
1. Each Party shall recognise a temporary right of the owner of a test or study report submitted for the first time to obtain a marketing authorisation for a plant protection product. During such period, the test or study report shall not be used for the benefit of any other person aiming to obtain a marketing authorisation for a plant protection product, except when the explicit consent of the first owner is given. In this Subsection that temporary right is referred to as "data protection".
2. The test or study report referred to in paragraph 1 shall fulfil the following conditions:
(a) be necessary for the authorisation or an amendment of an authorisation in order to allow the use on other crops; and
(b) be certified as compliant with the principles of good laboratory practice or of good experimental practice.
3. The period of data protection shall be at least ten years from the first authorisation granted by the competent authority in the Party concerned. For low-risk plant protection products, the period may be extended to 13 years.
4. The periods referred to in paragraph 3 shall be extended by three months for each extension of authorisation for minor uses if the applications for such authorisations are made by the authorisation holder at least five years after first authorisation granted by the competent authority. The total period of data protection may in no circumstances exceed 13 years. For low-risk plant protection products, the total period of data protection may in no circumstances exceed 15 years. The term "minor use" means use in a Party's territory of a plant protection product on plants or plant products which are not widely grown in that Party or widely grown to meet an exceptional need for plant protection.
5. A test or study shall also be protected if it was necessary for the renewal or review of an authorisation. In such cases, the period of data protection shall be 30 months.
6. Measures obliging the applicant and holders of previous authorisations, established in the Parties' respective territories, to share proprietary information so as to avoid duplicative testing on vertebrate animals, shall be laid down by each Party.
Subsection VII. Plant Varieties
Article 253. Plant Varieties
1. Each Party shall protect plant variety rights, in accordance with the International Convention for the Protection of New Varieties of Plants (UPOV), including the exceptions to the breeder's right as referred to in Article 15 of that Convention, and cooperate to promote and enforce those rights.
2. For the Republic of Armenia, this Article shall apply no later than three years after the entry into force of this Agreement.
Section C. Enforcement of Intellectual Property Rights
Subsection I. General Provisions
Article 254. General Obligations
1. The Parties reaffirm their commitments under the TRIPS Agreement, in particular Part III thereof. Each Party shall provide for the complementary measures, procedures and remedies in this Section which are necessary to ensure the enforcement of intellectual property rights. Those 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. The measures, procedures and remedies referred to in paragraph 1 shall be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
3. For the purposes of Subsection II of this Section, the notion of "intellectual property rights" includes at least the following:
(a) copyright;
(b) rights related to copyright;
(c) sui generis right of a database maker;
(d) rights of the creator of the topographies of a semi conductor product;
(e) trademark rights;
(f) design rights;
(g) patent rights, including rights derived from supplementary protection certificates;
(h) geographical indications;
(i) utility model rights;
(j) plant variety rights; and
(k) trade names in so far as these are protected as exclusive rights in the domestic law concerned.
Trade secrets are excluded from the scope of this Section. Enforcement of trade secrets is addressed in Article 250.
Article 255. Entitled Applicants
Each Party shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Section and in Part III of the TRIPS Agreement:
(a) the holders of intellectual property rights, in accordance with the applicable law;
(b) all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the applicable law;
(c) intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the applicable law;
(d) professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the applicable law.
Subsection II. Civil Enforcement
Article 256. Measures for Preserving Evidence
1. Each Party shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, upon request by a party who has presented reasonably available evidence to support his or her claims that his 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.
2. The provisional measures referred to in paragraph 1 may include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production or distribution of such goods and the documents relating thereto. 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. The other party shall have the right to be heard within a reasonable amount of time.
Article 257. Right of Information
1. Each Party shall ensure that, in civil 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 the infringer or any other person which is party to litigation, or a witness therein, to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right.
For the purposes of this paragraph, the term "any other person" means a person who was:
(a) found in possession of the infringing goods on a commercial scale;
(b) found to be using the infringing services on a commercial scale;
(c) found to be providing on a commercial scale services used in infringing activities; or
(d) indicated by the person referred to in this paragraph as being involved in the production, manufacture or distribution of the goods or the provision of the services.
The information referred to in this paragraph 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; and
(b) information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.
2. 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 the person referred to in paragraph 1 to admit his own participation or that of his close relatives in the infringement of an intellectual property right; or
(e) govern the protection of confidentiality of information sources or the processing of personal data.
Article 258. Provisional and Precautionary Measures
1. Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right. The judicial authorities may also 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. An interlocutory injunction may also be issued to order the seizure or delivery up of 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 alleged infringement committed on a commercial scale, each Party 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 or 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.
Article 259. Corrective Measures
1. Each Party 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, at least 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 predominantly used in the creation or manufacture of those goods.
2. The Parties' judicial authorities shall have the authority to order that the measures referred to in paragraph 1 be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
Article 260. Injunctions
Each Party shall ensure that, where a judicial decision is taken finds an infringement of an intellectual property right, the judicial authorities may issue against the infringer, as well as against intermediary whose services are used by a third party to infringe an intellectual property right, an injunction aimed at prohibiting the continuation of the infringement.
Article 261. Alternative Measures
A Party may provide that, in appropriate cases and upon a request of the person liable to be subject to the measures provided for in Article 259 or Article 260, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in these Articles. Such pecuniary compensation shall be paid if the person liable to be subject to those measure acted unintentionally and without negligence, and if the execution of the measures provided in Article 259 and 260 would cause this person disproportionate harm and pecuniary compensation to the injured party appears reasonably satisfactory.
Article 262. Damages
1. Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages appropriate to the actual damage suffered by him or her as a result of the infringement. When the judicial authorities determine the 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 point (a), they may, in appropriate cases, determine 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, a Party 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 263. Legal Costs
Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the prevailing party are, as a general rule, borne by the unsuccessful losing party, unless equity does not allow this.
Article 264. Publication of Judicial Decisions
Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, upon the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.
Article 265. Presumption of Authorship or Ownership
The Parties recognise that, for the purposes of applying the measures, procedures and remedies provided for in this Section it is sufficient for the name of an author of a literary or artistic work to appear on the work in the usual manner in order for that author to be regarded as such, unless there is proof to the contrary, and consequently to be entitled to institute infringement proceedings.
Subsection III. Border Enforcement
Article 266. Border Enforcement
1. When implementing border measures for the enforcement of intellectual property rights, each Party shall ensure consistency with its obligations under the GATT 1994 and the TRIPS Agreement.
2. With a view to ensuring effective protection of intellectual property rights in the customs territories of the Parties, their relevant customs authorities shall adopt a range of approaches to identify shipments containing goods suspected of infringing intellectual property rights referred to in paragraphs 3 and 4. Those approaches shall include risk-analysis techniques based on, inter alia, information provided by right, intelligence gathered and cargo inspections.
3. Customs authorities of each Party shall, upon request by the right holders, take measures to detain or suspend the release of goods under customs control which are suspected of infringing trademarks, copyright and related rights, geographical indications, patents, utility models, industrial designs, topographies of integrated circuits and plant variety rights.
4. No later than three years after entering into force of this Agreement, the Parties shall initiate discussions regarding the rights of their relevant customs authorities to detain or suspend, upon their own initiative, the release of goods under customs control which are suspected of infringing trademarks, copyright and related rights, geographical indications, patents, utility models, industrial designs, topographies of integrated circuits and plant variety rights.
5. Notwithstanding paragraph 3, a Party have no obligation but may decide to apply such measures to imports of goods put on the market in another country by or with the consent of the right holder.
6. The Parties agree to cooperate in respect of international trade in goods suspected of infringing intellectual property rights. For that purpose, each Party shall establish a contact point in its customs administration and notify the other Party thereof. Such cooperation shall include exchanges of information regarding mechanisms for receiving information from right holders, best practices and experiences with risk-management strategies, as well as information to help with the identification of shipments suspected of containing infringing goods. Any information shall be provided in a manner that fully respects the provisions on the protection of personal data applicable in the territory of each Party.
7. Without prejudice to other forms of cooperation, the Protocol on Mutual Administrative Assistance in Customs Matters shall be applicable for the purposes of border enforcement of intellectual property rights.
8. Without prejudice to the general competence of the Partnership Committee, the Sub- Committee on Customs referred to in Article 126 shall be responsible for ensuring the proper functioning and implementation of this Section, setting the priorities and providing for adequate procedures for cooperation between the competent authorities of both Parties.
Subsection IV. Other Enforcement Provisions
Article 267. Codes of Conduct
1. Each Party 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; and
(b) the submission to the competent authorities of each Party of draft codes of conduct and of any evaluations of the application of the codes of conduct.
Article 268. Cooperation
1. The Parties shall to cooperate with a view to supporting implementation of the commitments and obligations in this Chapter.
2. Areas of cooperation between the Parties 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 as well as exchange of experiences in the European Union and in the Republic of Armenia on legislative progress regarding those matters;
(b) the exchange of experiences and information on the enforcement of intellectual property rights;
(c) the exchange of experiences on the enforcement of intellectual property rights by customs authorities, police, and administrative and judiciary bodies at central and sub-central level;
(d) the coordination of actions to prevent exports of counterfeit goods, including with third countries;
(e) capacity-building, and the exchange and training of personnel;
(f) the promotion and dissemination of information on intellectual property rights, including in business circles and civil society, as well as raising public awareness on intellectual property rights issues among consumers and right holders;
(g) the enhancement of institutional cooperation, for example between intellectual property offices of both Parties;
(h) the active promotion of awareness-raising and education initiatives aimed at the general public with regard to policies on intellectual property rights, including by formulating effective strategies to identify key audiences and creating communication programmes to increase consumer and media awareness of the impact of intellectual property right violations, such as the risk posed to health and safety and the connection to organised crime.
3. Without prejudice and as a complement to paragraphs 1 and 2, the Parties shall hold effective dialogues, as necessary, in intellectual property issues ("IP Dialogue") to address topics relevant to the protection and enforcement of intellectual property rights covered by this Chapter, as well as on other relevant issue.
Chapter 8. Public Procurement
Article 269. Relation to the Wto Government Procurement Agreement
The Parties affirm their mutual rights and obligations under the Revised Agreement on Government Procurement of 2012 (1) ("WTO Government Procurement Agreement"). Those rights and obligations established by the WTO Government Procurement Agreement, including the specifications of each Party set out in their respective Annexes to Appendix I, are made part of this Agreement and are subject to bilateral dispute settlement as provided for in Chapter 13.
Article 270. Additional Scope of Application
1. The Parties shall apply, mutatis mutandis, the provisions of Articles I to IV, VI to XV, XVI.1 to XVI.3, XVI and XVIII of the WTO Government Procurement Agreement to the procurements covered in Annex XI to this Agreement.
2. The Partnership Committee may decide to amend Annex XI to this Agreement. As regards the procedure for modifications or rectifications of that Annex by a Party, the Parties shall apply the provisions of Article XIX of the WTO Government Procurement Agreement mutatis mutandis, subject to the notifications being made directly to the other Party and the reference to dispute settlement is understood as to refer to Chapter 13.
Article 271. Additional Disciplines
The Parties shall apply to both the procurements covered through their respective Annexes to Appendix I to the WTO Government Procurement Agreement and to those covered through Annex XI to this Agreement, the following additional disciplines:
Electronic publication of procurement notices
1. Each Party shall ensure that all the notices of intended procurement are made directly accessible by electronic means free of charge through a single point of access on the internet. In addition, the notices may also be published in an appropriate paper medium. Any such medium shall be widely disseminated and such notices shall remain readily accessible to the public, at least until the expiration of the time period indicated in the notice.
Requirements for review procedures
2. Each Party shall ensure that the measures taken concerning the review procedures specified in Article XVII of the WTO Government Procurement Agreement provide the necessary powers to: