EU - Vietnam FTA (2019)
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2. Each Party may make publicly available the product specifications, or a summary thereof, and relevant contact points for control or management of geographical indications of the other Party protected pursuant to this Sub-Section.

Subsection 4. Industrial Designs

Article 12.34. International Treaties

The Parties shall accede to the Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on 2 July 1999, within two years from the date of entry into force of this Agreement.

Article 12.35. Protection of Registered Industrial Designs

1. The Parties shall provide for the protection of independently created industrial designs (60) that are new or original (61). This protection shall be provided by registration and shall confer an exclusive right upon their holders in accordance with this Sub-Section (62).

2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and original:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and originality.

3. The term "normal use" in subparagraph 2(a) means use by the end user, excluding maintenance, servicing or repair work.

4. The owner of a registered design shall have the right to prevent third parties not having the owner's consent at least from making, offering for sale, selling, importing, or stocking for sale a product bearing or embodying the protected design when such acts are undertaken for commercial purposes.

5. The duration of protection available shall amount to at least 15 years.

(60) The Parties agree that when the domestic law of a Party so provides, a "design" means the appearance of the whole product or a separable or inseparable part of product.
(61) The Parties agree that when the domestic law of a Party so provides, individual character of designs can also be required. This refers to designs that significantly differ from known designs or combinations of known designs’ features. The Union considers designs to have individual character if the overall impression it produces on the informed users differs from the overall impression produced on such a user by any design which has been made available to the public.
(62) It is understood that designs are not excluded from protection simply on the basis that they constitute a part of an article or product, provided that they are visible, fulfil the criteria of this paragraph, and:

Article 12.36. Exceptions and Exclusions

1. A Party may provide limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs, and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

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

(a) fulfil any other criteria for design protection; and

(b) are not otherwise excluded from design protection, in accordance with the Parties' respective domestic law.

Article 12.37. Relationship to Copyright

A design shall also be eligible for protection under the law of copyright of a Party as from the date on which the design was created or, alternatively, fixed in any form. The eligibility for protection, the extent to which, and the conditions under which, such a copyright protection is conferred, including the level of originality required, shall be determined by that Party.

Subsection 5. Patents

Article 12.38. International Agreements

The Parties affirm their rights and obligations under the Patent Cooperation Treaty, done at Washington on 19 June 1970, as amended on 28 September 1979 and last modified on 3 October 2001. Each Party shall simplify and develop its patent registration procedures using, inter alia, the Patent Law Treaty, adopted in Geneva on 1 June 2000, as a reference point.

Article 12.39. Patents and Public Health

1. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO, in Doha. In interpreting and implementing the rights and obligations under this Chapter, the Parties are entitled to rely upon that Declaration.

2. The Parties shall respect the Decision of the WTO General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health.

Article 12.40. Administrative Authorisation

1. The Parties recognise that pharmaceutical products protected by a patent on their respective territory are generally subject to an administrative authorisation procedure before being put on their market (hereinafter referred to as the "marketing authorisation procedure").

2. Each Party shall provide for an adequate and effective mechanism to compensate the patent owner for the reduction in the effective patent life resulting from unreasonable delays (63) in the granting of the first marketing authorisation in its respective territory. Such compensation may be in the form of an extension of the duration of the rights conferred by patent protection, equal to the time by which the period referred to in the footnote to this paragraph is exceeded. The maximum duration of this extension shall not exceed two years.

3. As an alternative to paragraph 2, a Party may make available an extension, not exceeding five years (64), of the duration of the rights conferred by the patent protection to compensate the patent owner for the reduction in the effective patent life as a result of the marketing authorisation procedure. The duration of the extension shall take effect at the end of the lawful term of the patent for a period equal to the period which elapsed between the date on which the application for a patent was filed and the date of the first marketing authorisation to place the product on the market in the Party, reduced by a period of five years.

(63) For the purposes of this Article, an "unreasonable delay" includes at least a delay of more than two years in the first response to the applicant following the date of filing of the application for marketing authorisation. Any delays that occur in the granting of a marketing authorisation due to periods attributable to the applicant or any period that is out of control of the marketing authorisation authority need not be included in the determination of such delay.
(64) This period can be extended for a further six months in the case of medicinal products for which paediatric studies have been carried out, where the results of those studies are reflected in the product information.

Subsection 6. Protection of Undisclosed Information

Article 12.41. Protection of Undisclosed Information

1. In order to implement Article 39 of the TRIPS Agreement, and in the course of ensuring effective protection against unfair competition as provided for in Article 10bis of the Paris Convention, each Party shall protect confidential information and data submitted to government or governmental agencies in accordance with this Article.

2. If a Party requires, as a condition for approving the marketing of pharmaceutical or agrochemical products, the submission of undisclosed test or other data, the origination of which involves a considerable effort, the Party shall protect such data against unfair commercial use. In addition, each Party shall protect such data against disclosure, except where necessary to protect the public.

3. Each Party shall provide that for data referred to in paragraph 2 that is submitted to the Party after the date of entry into force of this Agreement, no other applicant for marketing approval may, without permission of the person that submitted the data, rely on that data in support of an application for marketing approval during a reasonable period, which shall normally mean not less than five years from the date on which the Party granted approval to the person that produced the data for approval to market its product.

Subsection 7. Plant Varieties Rights

Article 12.42. Plant Varieties Rights

The Parties shall protect plant varieties rights in accordance with the International Convention for the Protection of New Varieties of Plants, adopted in Paris on 2 December 1961, as last revised in Geneva on 19 March 1991, including the exceptions to the breeder's right as referred to in Article 15 of that Convention, and cooperate to promote and enforce these rights.

Section C. Enforcement of Intellectual Property Rights

Subsection 1. General Enforcement Provisions

Article 12.43. General Obligations

1. The Parties affirm their rights and obligations under the TRIPS Agreement, in particular Part III thereof. Each Party shall provide for the complementary measures, procedures and remedies under this Section necessary to ensure the enforcement of intellectual property rights. (65) 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 and proportionate 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.

(65) For the purposes of this Sub-Section, the term "intellectual property rights" should include at least the following rights: copyright; rights related to copyright; rights of the creator of the topographies of a semi-conductor product; trademark rights; design rights; patent rights; geographical indications; utility model rights; plant variety rights; trade names in so far as they are protected as intellectual property rights in the domestic law concerned.

Article 12.44. 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 provisions of the applicable law;

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

(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 provisions of the applicable law.

Subsection 2. Civil Enforcement

Article 12.45. Provisional Measures

1. Each Party shall ensure that its competent judicial authorities, upon request by a party who has presented reasonably available evidence to support his claims that his intellectual property right has been infringed or is about to be infringed, have the authority to order prompt and effective provisional measures to:

(a) prevent an infringement of any intellectual property right from occurring, and, in particular, to prevent the entry into, and the movement within, the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance:

(i) an interlocutory injunction may be issued against a party whose services are being used by a third party to infringe an intellectual property right and over whom the relevant judicial authority exercises jurisdiction; and

(i) in the case of an alleged infringement that is committed on a commercial scale, the Parties shall ensure that, if the applicant referred to in Article 12.44 (Entitled Applicants) demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure or blocking of the movable and immovable property of the alleged infringer, including the blocking of his/her bank accounts and other assets;

and

(b) preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information, which 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 these goods, and the documents relating thereto.

2. Where appropriate, 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 judicial authorities shall have the authority to adopt the provisional measures referred to in paragraph 1 without the other party being heard.

3. This Article is without prejudice to Article 50 of the TRIPS Agreement.

Article 12.46. Evidence

1. Each Party shall ensure that, on application by a party which has presented reasonably available evidence sufficient to support its claims and which has, in substantiating those claims, specified evidence which lies in the control of the opposing party, the competent judicial authorities may order that such evidence be presented by the opposing party, subject to the protection of confidential information. For the purposes of this paragraph, a Party may provide that a reasonable sample of a substantial number of copies of a work or any other protected object be considered by the competent judicial authorities to constitute reasonable evidence.

2. In the case of an infringement committed on a commercial scale each Party shall take such measures as are necessary to enable the competent judicial authorities to order, where appropriate, on application by a party, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

Article 12.47. Right of Information

1. Without prejudice to its domestic law governing the protection of confidentiality of information or processing of personal data, 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 applicant, the competent judicial authorities may order the infringer, the alleged infringer or any other person to provide information, as provided for in its domestic laws and regulations, that the person concerned possesses or controls.

For the purposes of this paragraph, the term "any other person" may include 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 infringing goods or the provision of the infringing services.

2. The information referred to in paragraph 1 may include information regarding any person involved on a commercial scale in the infringement or alleged infringement, and regarding the means of production and distribution networks of the infringing goods or services.

Article 12.48. Other Remedies

1. Each Party shall ensure that the competent judicial authorities shall have the authority to order, upon 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 in such a manner as to minimise the risks of further infringements:

(a) the recall from the channels of commerce (66);

(b) the disposal outside the channels of commerce; or

(c) the destruction,

of goods that they have found to be infringing an intellectual property right.

The competent judicial authorities may also order destruction of materials and implements, the predominant use of which has been in the creation or manufacture of the infringing goods, or their disposal outside the channels of commerce in such a manner as to minimise the risks of further infringements.

2. The competent judicial authorities shall have the authority to order that the remedies referred to in paragraph 1, at least for the destruction, including the removal from the channels of commerce for destruction, be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

(66) Each Party shall ensure that this provision applies to infringing goods found in the channels of commerce and that infringers should be ordered to at least recall the goods from their customers, such as wholesalers, distributors, retailers.

Article 12.49. Injunctions

Each Party shall ensure that, when a judicial decision finds an infringement of an intellectual property right, the competent judicial authorities may issue against the infringer and, where appropriate, against a party whose services are being used by the infringer and over whom the judicial authority exercises jurisdiction, an injunction aimed at prohibiting the continuation of the infringement.

Article 12.50. Alternative Measures

A Party may provide that, in appropriate cases and upon request of the person liable to be subject to the measures provided for in Article 12.48 (Other Remedies) or Article 12.49 (Injunctions), the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 12.48 (Other Remedies) and Article 12.49 (Injunctions) 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 12.51. Damages

1. Each Party shall ensure that the competent judicial authorities have the authority to order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages to compensate for the actual injury the right holder has suffered as a result of the infringement.

In determining the amount of damages for infringement of intellectual property rights, the competent judicial authorities shall have the authority to:

(a) 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 (67) and, in appropriate cases, elements other than economic factors (68); and

(b) 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 engage, knowingly or with reasonable grounds to know, in infringing activity, a Party may provide that the competent judicial authorities may order in favour of the injured party the recovery of profits or the payment of damages which may be pre-established.

(67) The calculation of unfair profits made by the infringer shall not be duplicated in calculating lost profits.
(68) The term "elements other than economic factors" shall include moral prejudice caused by the infringement of moral rights of inventors or authors.

Article 12.52. Legal Costs

Each Party shall provide that the competent judicial authorities, as a general rule and, where appropriate, have the authority to order that the prevailing party be awarded payment by the losing party of court costs or fees and appropriate attorney's fees, or any other expenses as provided for under that Party's domestic law.

Article 12.53. Publication of Judicial Decisions

The competent judicial authorities shall have the authority to order, pursuant to its domestic law and policies, the publishing or making available to the public, at the expense of the infringer, appropriate information concerning the final judicial decision.

Article 12.54. Presumption of Authorship or Ownership

The Parties recognise that, for the purposes of applying the measures, procedures and remedies provided for in this Chapter, it is sufficient for the name of an author of a literary or artistic work, and for the name of other right holders with regard to their protected subject-matter, to appear on the work or protected subject-matter in the usual manner in order for that author or other right holder to be regarded as such, unless there is proof to the contrary, and consequently to be entitled to institute infringement proceedings.

Subsection 3. Intermediary Service Providers

Article 12.55. Liability of Intermediary Service Providers

1. Each Party shall, in accordance with this Article, provide for limitations or exemptions in its domestic legislation regarding the liability of intermediary service providers, in relation to the provision or use of their services, for infringements of copyright or related rights that take place on or through telecommunication networks (69).

2. The limitations or exemptions referred to in paragraph 1 shall cover at least the following activities:

(a) the transmission in a telecommunication network of information provided by a user of the service, or the provision of access to a telecommunication network ("mere conduit");

(b) the transmission in a telecommunication network of information provided by a user of the service concerning 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 users of the service upon their request ("caching"), on condition that the provider:

(i) does not modify the information other than for technical reasons;

(ii) complies with conditions on access to the information;

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

(iv) 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

(v) removes or disables access to the information it has stored upon obtaining knowledge (70) 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; and

(c) the storage of information provided by a user of the service at the request of a user of the service ("hosting") on condition that the provider:

(i) does not have the knowledge of illegal information; and

(ii) upon obtaining such knowledge (71), acts expeditiously to remove or to disable access to the information concerned.

3. Each Party may in its domestic law provide for conditions under which intermediary service providers do not qualify for the limitations or exceptions set out in paragraph 2.

4. The eligibility conditions for intermediary service providers to qualify for the limitations or exceptions in paragraph 2 shall not include the intermediary service provider monitoring its service, or seeking facts indicating infringing activity.

5. Each Party may establish procedures for effective notifications of claimed infringement, and effective counter-notifications.

6. This Article shall not affect the possibility for a court or administrative authority, in accordance with each Party's legal system, to require the intermediary service provider to terminate or prevent an infringement.

(69) For greater certainty, this includes the Internet.
(70) Nothing in this Chapter precludes either Party from defining in its domestic law conditions for determining how the knowledge of illegal information being hosted is obtained.
(71) Nothing in this Chapter precludes either Party from defining in its domestic law conditions for determining how the knowledge of illegal information being hosted is obtained.

Subsection 4. Border Enforcement

Article 12.56. Consistency with GATT 1994 and the TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by customs authorities, as set out in this Sub-Section, the Parties shall ensure consistency with their obligations under GATT 1994 and the TRIPS Agreement and, in particular, with Article V of GATT 1994 and Article 41 and Section 4 of Part III of the TRIPS Agreement.

Article 12.57. Definitions

For the purposes of this Sub-Section:

(a) "counterfeit goods" means counterfeit trademark goods and counterfeit geographical indication goods;

(b) "counterfeit geographical indication goods" means goods, including packaging, unlawfully bearing a geographical indication identical with the geographical indication validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a geographical indication, and the importation of which thereby infringes or the exportation of which would have constituted an infringement of the rights of the geographical indication in question according to the law of the Party where the goods are found;

(c) "counterfeit trademark goods" means goods, including packaging, bearing without authorisation a trademark which is identical with the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and the importation of which thereby infringes or the exportation of which would have constituted an infringement of the rights of the owner of the trademark in question according to the law of the Party where the goods are found;

(d) "export goods" means goods which are to be taken from the territory of a Party to a place outside that territory, while those goods remain under customs control;

(e) "goods infringing an intellectual property right" means counterfeit goods and pirated copyright goods the importation or exportation of which, according to the law of the Party where the goods are found, infringe an intellectual property right;

(f) "import goods" means goods brought into the territory of a Party from a place outside that territory, while those goods remain under customs control; and

(g) "pirated copyright goods" means goods which are copies made without the consent of the right holder or person duly authorised by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy, as well as importation or exportation, would have constituted an infringement of a copyright or a related right under the law of the Party of importation or exportation, respectively.

Article 12.58. Scope of Border Measures

1. With respect to import and export goods, each Party shall adopt or maintain procedures under which a right holder can submit applications requesting customs authorities to suspend the import or export of goods suspected of infringing intellectual property rights.

2. The customs authorities shall, in accordance with domestic procedures, suspend the release of the goods suspected of infringing an intellectual property right.

Article 12.59. Active Involvement of Customs Authorities

The customs authorities shall, on the basis of risk analysis techniques, be active in targeting and identifying shipments containing import and export goods suspected of infringing intellectual property rights. They shall cooperate with right holders, including allowing the provision of information for risk analysis.

Article 12.60. Specific Cooperation In the Area of Border Measures

1. Without prejudice to subparagraph 2(a) of Article 4.2 (Customs Cooperation and Mutual Administrative Assistance), the Parties shall, where appropriate, promote cooperation and exchange of information and best practices between their customs authorities to enable effective border controls for the purposes of enforcement of intellectual property rights, particularly in order to effectively implement Article 69 of the TRIPS Agreement.

2. With regard to the customs enforcement of intellectual property rights the customs authorities of the Parties shall provide each other with mutual administrative assistance in accordance with Protocol 2 (On Mutual Administrative Assistance in Customs Matters).

3. Without prejudice to Article 17.1 (Trade Committee), the Committee on Customs referred to in Article 17.2 (Specialised Committees), shall be responsible for ensuring the proper functioning and implementation of this Article. The Committee on Customs shall set the priorities and provide for the adequate procedures for cooperation between the competent authorities.

Subsection 5. Other Provisions Relating to Enforcement

Article 12.61. Codes of Conduct

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; and

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

Section D. Cooperation and Institutional Provisions

  • Chapter   1 Objectives and General Definitions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Partnership and Cooperation Agreement 1
  • Article   1.4 WTO Agreements 1
  • Article   1.5 General Definitions 1
  • Chapter   2 National Treatment and Market Access for Goods 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 Definitions 1
  • Article   2.4 National Treatment 1
  • Article   2.5 Classification of Goods 1
  • Article   2.6 Remanufactured Goods 1
  • Article   2.7 Reduction or Elimination of Customs Duties 1
  • Article   2.8 Management of Administrative Errors 1
  • Article   2.9 Specific Measures Concerning the Preferential Tariff Treatment 1
  • Article   2.10 Repaired Goods 1
  • Article   2.11 Export Duties, Taxes or other Charges 1
  • Article   2.12 Agricultural Export Subsidies 1
  • Article   2.13 Administration of Trade Regulations 1
  • Article   2.14 Import and Export Restrictions 1
  • Article   2.15 Trading Rights and Related Rights for Pharmaceuticals 2
  • Article   2.16 Import Licensing Procedures 2
  • Article   2.17 Export Licensing Procedures 2
  • Article   2.18 Administrative Fees, Other Charges and Formalities on Imports and Exports 2
  • Article   2.19 Origin Marking 2
  • Article   2.20 State Trading Enterprises 2
  • Article   2.21 Elimination of Sector-Specific Non-Tariff Measures 2
  • Article   2.22 General Exceptions 2
  • Article   2.23 Committee on Trade in Goods 2
  • Chapter   3 Trade remedies 2
  • Section   A Anti-dumping and countervailing duties 2
  • Article   3.1 General Provisions 2
  • Article   3.2 Transparency 2
  • Article   3.3 Consideration of Public Interest 2
  • Article   3.4 Lesser Duty Rule 2
  • Article   3.5 Exclusion from Dispute Settlement 2
  • Section   B Global safeguard measures 2
  • Article   3.6 General Provisions 2
  • Article   3.7 Transparency 2
  • Article   3.8 Exclusion from Dispute Settlement 2
  • Section   C Bilateral safeguard clause 2
  • Article   3.9 Definitions 2
  • Article   3.10 Application of a Bilateral Safeguard Measure 2
  • Article   3.11 Conditions and Limitations 2
  • Article   3.12 Provisional Measures 2
  • Article   3.13 Compensation 2
  • Article   3.14 Use of the English Language 2
  • Chapter   4 Customs and trade facilitation 2
  • Article   4.1 Objectives 2
  • Article   4.2 Customs Cooperation and Mutual Administrative Assistance 2
  • Article   4.3 Customs Legislation and Procedures 3
  • Article   4.4 Release of Goods 3
  • Article   4.5 Simplified Customs Procedures 3
  • Article   4.6 Transit and Transhipment 3
  • Article   4.7 Risk Management 3
  • Article   4.8 Transparency 3
  • Article   4.9 Advance Rulings 3
  • Article   4.10 Fees and Charges 3
  • Article   4.11 Customs Brokers 3
  • Article   4.12 Customs Valuation 3
  • Article   4.13 Preshipment Inspections 3
  • Article   4.14 Review and Appeal 3
  • Article   4.15 Relations with the Business Community 3
  • Article   4.16 Committee on Customs 3
  • Chapter   5 Technical barriers to trade 3
  • Article   5.1 Affirmation of the TBT Agreement 3
  • Article   5.2 Objectives 3
  • Article   5.3 Scope and Definitions 3
  • Article   5.4 Technical Regulations 3
  • Article   5.5 Standards 3
  • Article   5.6 Conformity Assessment Procedures 3
  • Article   5.7 Transparency 3
  • Article   5.8 Market Surveillance 3
  • Article   5.9 Marking and Labelling 3
  • Article   5.10 Cooperation and Trade Facilitation 3
  • Article   5.11 Consultations 4
  • Article   5.12 Implementation 4
  • Chapter   6 Sanitary and phytosanitary measures 4
  • Article   6.1 Scope 4
  • Article   6.2 Objectives 4
  • Article   6.3 Definitions 4
  • Article   6.4 General Provisions 4
  • Article   6.5 Competent Authorities and Contact Points 4
  • Article   6.6 Import Requirements and Procedures 4
  • Article   6.7 Verifications 4
  • Article   6.8 Procedure for Listing of Establishments 4
  • Article   6.9 Measures Linked to Animal and Plant Health 4
  • Article   6.10 Equivalence 4
  • Article   6.11 Committee on Sanitary and Phytosanitary Measures 4
  • Article   6.12 Transparency and Exchange of Information 4
  • Article   6.13 Consultations 4
  • Article   6.14 Emergency Measures 4
  • Article   6.15 Technical Assistance and Special and Differential Treatment 4
  • Chapter   7 Non-tariff barriers to trade and investment in renewable energy generation 4
  • Article   7.1 Objectives 4
  • Article   7.2 Definitions 4
  • Article   7.3 Scope 4
  • Article   7.4 Principles 5
  • Article   7.5 Standards, Technical Regulations and Conformity Assessment 5
  • Article   7.6 Exceptions 5
  • Article   7.7 Implementation and Cooperation 5
  • Chapter   8 Liberalisation of investment, trade in services and electronic commerce 5
  • Section   A General provisions 5
  • Article   8.1 Objectives and Scope 5
  • Article   8.2 Definitions 5
  • Section   B Liberalisation of investment 5
  • Article   8.3 Scope 5
  • Article   8.4 Market Access 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Most-Favoured-Nation Treatment 5
  • Article   8.7 Schedule of Specific Commitments 5
  • Article   8.8 Performance Requirements 5
  • Section   C Cross-border supply of services 6
  • Article   8.9 Scope 6
  • Article   8.10 Market Access 6
  • Article   8.11 National Treatment 6
  • Article   8.12 Schedule of Specific Commitments 6
  • Section   D Temporary presence of natural persons for business purposes 6
  • Article   8.13 Scope and Definitions 6
  • Article   8.14 Business Visitors and Intra-Corporate Transferees 6
  • Article   8.15 Business Sellers 6
  • Article   8.16 Contractual Service Suppliers 6
  • Article   8.17 Independent Professionals 6
  • Section   E Regulatory framework 6
  • Subsection   1 Domestic regulation 6
  • Article   8.18 Scope and Definitions 6
  • Article   8.19 Conditions for Licensing and Qualification 6
  • Article   8.20 Licensing and Qualification Procedures 6
  • Subsection   2 Provisions of general application 6
  • Article   8.21 Mutual Recognition of Professional Qualifications 6
  • Subsection   3 Computer services 6
  • Article   8.22 Understanding on Computer Services 6
  • Subsection   4 Postal services  (33) 6
  • Article   8.23 Prevention of Anti-Competitive Practices in the Postal Services Sector 6
  • Article   8.24 Licences 6
  • Article   8.25 Postal Regulatory Authority 6
  • Subsection   5 Telecommunications Networks and Services 7
  • Article   8.26 Scope 7
  • Article   8.27 Definitions 7
  • Article   8.28 Regulatory Authority 7
  • Article   8.29 Authorisation to Provide Telecommunications Networks and Services 7
  • Article   8.30 Scarce Resources 7
  • Article   8.31 Access to and Use of Public Telecommunications Networks and Services 7
  • Article   8.32 Interconnection 7
  • Article   8.33 Competitive Safeguards on Major Suppliers 7
  • Article   8.34 Universal Service 7
  • Article   8.35 Number Portability 7
  • Article   8.36 Confidentiality of Information 7
  • Article   8.37 Resolution of Telecommunications Disputes 7
  • Article   8.38 Co-location 7
  • Article   8.39 Leased Circuits Services 7
  • Article   8.40 Unbundled Network Elements 7
  • Subsection   6 Financial Services 7
  • Article   8.41 Scope and Definitions 7
  • Article   8.42 Prudential Carve-Out 7
  • Article   8.43 Transparent Regulation 7
  • Article   8.44 New Financial Service 7
  • Article   8.45 Data Processing 7
  • Article   8.46 Specific Exceptions 7
  • Article   8.47 Self-Regulatory Organisations 7
  • Article   8.48 Clearing and Payment Systems 8
  • Subsection   7 International maritime transport services 8
  • Article   8.49 Scope, Definitions and Principles 8
  • Section   F Electronic commerce 8
  • Article   8.50 Objective and Principles 8
  • Article   8.51 Customs Duties 8
  • Article   8.52 Regulatory Cooperation on Electronic Commerce 8
  • Section   G Exceptions 8
  • Article   8.53 General Exceptions 8
  • Section   H Institutional provision 8
  • Article   8.54 Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement 8
  • Chapter   9 Government procurement 8
  • Article   9.1 Definitions 8
  • Article   9.2 Scope and Coverage 8
  • Article   9.3 Security and General Exceptions 8
  • Article   9.4 General Principles 8
  • Article   9.5 Information on the Procurement System 9
  • Article   9.6 Notices Notice of Intended Procurement 9
  • Article   9.7 Conditions for Participation 9
  • Article   9.8 Qualification of Suppliers 9
  • Article   9.9 Technical Specifications 9
  • Article   9.10 Market Consultations 9
  • Article   9.11 Tender Documentation 9
  • Article   9.12 Time Periods General 9
  • Article   9.13 Negotiations 10
  • Article   9.14 Limited Tendering 10
  • Article   9.15 Electronic Auctions 10
  • Article   9.16 Treatment of Tenders and Awarding of Contracts 10
  • Article   9.17 Post-Award InformationInformation Provided to Suppliers 10
  • Article   9.18 Disclosure of Information 10
  • Article   9.19 Domestic Review 10
  • Article   9.20 Modification and Rectification to Coverage 10
  • Article   9.21 Cooperation 10
  • Article   9.22 Future Negotiations Procurement by Electronic Means 10
  • Article   9.23 Committee on Investment, Services, Electronic Commerce and Government Procurement 10
  • Chapter   10 Competition policy 10
  • Section   A Anti-competitive conduct 10
  • Article   10.1 Principles 10
  • Article   10.2 Legislative Framework 10
  • Article   10.3 Implementation 10
  • Section   B Subsidies 11
  • Article   10.4 Principles 11
  • Article   10.5 Definition and Scope 11
  • Article   10.6 Relationship with the WTO 11
  • Article   10.7 Transparency 11
  • Article   10.8 Consultations 11
  • Article   10.9 Specific Subsidies Subject to Conditions 11
  • Article   10.10 Review 11
  • Section   C Definitions and common principles 11
  • Article   10.11 Definitions 11
  • Article   10.12 Confidentiality 11
  • Article   10.13 Dispute Settlement 11
  • Article   10.14 Cooperation 11
  • Chapter   11 State-owned enterprises, enterprises granted special rights or privileges, and designated monopolies 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope of Application 11
  • Article   11.3 General Provisions 11
  • Article   11.4 Non-Discrimination and Commercial Considerations 11
  • Article   11.5 Regulatory Framework 11
  • Article   11.6 Transparency 11
  • Article   11.7 Technical Cooperation 11
  • Chapter   12 Intellectual property 11
  • Section   A General provisions and principles 11
  • Article   12.1 Objectives 11
  • Article   12.2 Nature and Scope of Obligations 11
  • Article   12.3 Most-Favoured-Nation Treatment 11
  • Article   12.4 Exhaustion 11
  • Section   B Standards concerning intellectual property rights 11
  • Subsection   1 Copyright and related rights 11
  • Article   12.5 Protection Granted 12
  • Article   12.6 Authors 12
  • Article   12.7 Performers 12
  • Article   12.8 Producers of Phonograms 12
  • Article   12.9 Broadcasting Organisations 12
  • Article   12.10 Broadcasting and Communication to the Public 12
  • Article   12.11 Term of Protection 12
  • Article   12.12 Protection of Technological Measures 12
  • Article   12.13 Protection of Rights Management Information 12
  • Article   12.14 Exceptions and Limitations 12
  • Article   12.15 Artists' Resale Right in Works of Art 12
  • Article   12.16 Cooperation on Collective Management of Rights 12
  • Subsection   2 Trademarks 12
  • Article   12.17 International Treaties 12
  • Article   12.18 Rights Conferred by a Trademark 12
  • Article   12.19 Registration Procedure 12
  • Article   12.20 Well-Known Trademarks 12
  • Article   12.21 Exceptions to the Rights Conferred by a Trademark 12
  • Article   12.22 Revocation of a Registered Trademark  (57) 12
  • Subsection   3 Geographical indications 12
  • Article   12.23 Scope of Application 12
  • Article   12.24 System of Registration and Protection of Geographical Indications 12
  • Article   12.25 Established Geographical Indications 12
  • Article   12.26 Amendment of the List of Geographical Indications 12
  • Article   12.27 Protection of Geographical Indications 12
  • Article   12.28 Exceptions 12
  • Article   12.29 Right of Use of Geographical Indications 12
  • Article   12.30 Relationship to Trademarks 12
  • Article   12.31 Enforcement of Protection 12
  • Article   12.32 General Rules 12
  • Article   12.33 Cooperation and Transparency 12
  • Subsection   4 Industrial Designs 13
  • Article   12.34 International Treaties 13
  • Article   12.35 Protection of Registered Industrial Designs 13
  • Article   12.36 Exceptions and Exclusions 13
  • Article   12.37 Relationship to Copyright 13
  • Subsection   5 Patents 13
  • Article   12.38 International Agreements 13
  • Article   12.39 Patents and Public Health 13
  • Article   12.40 Administrative Authorisation 13
  • Subsection   6 Protection of undisclosed information 13
  • Article   12.41 Protection of Undisclosed Information 13
  • Subsection   7 Plant varieties rights 13
  • Article   12.42 Plant Varieties Rights 13
  • Section   C Enforcement of intellectual property rights 13
  • Subsection   1 General enforcement provisions 13
  • Article   12.43 General Obligations 13
  • Article   12.44 Entitled Applicants 13
  • Subsection   2 Civil enforcement 13
  • Article   12.45 Provisional Measures 13
  • Article   12.46 Evidence 13
  • Article   12.47 Right of Information 13
  • Article   12.48 Other Remedies 13
  • Article   12.49 Injunctions 13
  • Article   12.50 Alternative Measures 13
  • Article   12.51 Damages 13
  • Article   12.52 Legal Costs 13
  • Article   12.53 Publication of Judicial Decisions 13
  • Article   12.54 Presumption of Authorship or Ownership 13
  • Subsection   3 Intermediary service providers 13
  • Article   12.55 Liability of Intermediary Service Providers 13
  • Subsection   4 Border enforcement 13
  • Article   12.56 Consistency with GATT 1994 and the TRIPS Agreement 13
  • Article   12.57 Definitions 13
  • Article   12.58 Scope of Border Measures 13
  • Article   12.59 Active Involvement of Customs Authorities 13
  • Article   12.60 Specific Cooperation in the Area of Border Measures 13
  • Subsection   5 Other provisions relating to enforcement 13
  • Article   12.61 Codes of Conduct 13
  • Section   D Cooperation and Institutional Provisions 14
  • Article   12.62 Cooperation 14
  • Article   12.63 Working Group on Intellectual Property Rights, including Geographical Indications 14
  • Chapter   13 Trade and sustainable development 14
  • Article   13.1 Objectives 14
  • Article   13.2 Right to Regulate and Levels of Protection 14
  • Article   13.3 Upholding Levels of Protection 14
  • Article   13.4 Multilateral Labour Standards and Agreements 14
  • Article   13.5 Multilateral Environmental Agreements 14
  • Article   13.6 Climate Change 14
  • Article   13.7 Biological Diversity 14
  • Article   13.8 Sustainable Forest Management and Trade in Forest Products 14
  • Article   13.9 Trade and Sustainable Management of Living Marine Resources and Aquaculture Products 14
  • Article   13.10 Trade and Investment Favouring Sustainable Development 14
  • Article   13.11 Scientific Information 14
  • Article   13.12 Transparency 14
  • Article   13.13 Review of Sustainability Impact 14
  • Article   13.14 Working Together on Trade and Sustainable Development 14
  • Article   13.15 Institutional Provisions 14
  • Article   13.16 Government Consultations 14
  • Article   13.17 Panel of Experts 14
  • Chapter   14 Transparency 14
  • Article   14.1 Objective and Scope 14
  • Article   14.2 Definitions 14
  • Article   14.3 Publication 15
  • Article   14.4 Enquiries and Contact Points 15
  • Article   14.5 Administration of Measures of General Application 15
  • Article   14.6 Review and Appeal 15
  • Article   14.7 Good Regulatory Practice and Administrative Behaviour 15
  • Article   14.8 Specific Rules 15
  • Chapter   15 Dispute settlement 15
  • Section   A Objective and scope 15
  • Article   15.1 Objective 15
  • Article   15.2 Scope 15
  • Section   B Consultations and mediation 15
  • Article   15.3 Consultations 15
  • Article   15.4 Mediation Mechanism 15
  • Section   C Dispute settlement procedures 15
  • Subsection   1 Arbitration procedure 15
  • Article   15.5 Initiation of the Arbitration Procedure 15
  • Article   15.6 Terms of Reference of the Arbitration Panel 15
  • Article   15.7 Establishment of the Arbitration Panel 15
  • Article   15.8 Dispute Settlement Proceedings of the Arbitration Panel 15
  • Article   15.9 Preliminary Ruling on Urgency 15
  • Article   15.10 Interim Report 15
  • Article   15.11 Final Report 15
  • Subsection   2 Compliance 15
  • Article   15.12 Compliance with the Final Report 15
  • Article   15.13 Reasonable Period of Time for Compliance 15
  • Article   15.14 Review of Measure Taken to Comply with the Final Report 15
  • Article   15.15 Temporary Remedies in Case of Non-Compliance 15
  • Article   15.16 Review of Measure Taken to Comply After the Adoption of Temporary Remedies for Non-Compliance 15
  • Subsection   3 Common provisions 15
  • Article   15.17 Replacement of Arbitrators 15
  • Article   15.18 Suspension and Termination of Arbitration Proceedings 15
  • Article   15.19 Mutually Agreed Solution 15
  • Article   15.20 Information and Technical Advice 15
  • Article   15.21 Rules of Interpretation 15
  • Article   15.22 Decisions and Rulings of the Arbitration Panel 15
  • Section   D General provisions 15
  • Article   15.23 List of Arbitrators 15
  • Article   15.24 Choice of Forum 15
  • Article   15.25 Time Limits 15
  • Article   15.26 Review and Modification 16
  • Chapter   16 Cooperation and capacity building 16
  • Article   16.1 Objectives and Scope 16
  • Article   16.2 Areas and Means of Cooperation 16
  • Article   16.3 Animal Welfare 16
  • Article   16.4 Institutional Mechanism 16
  • Chapter   17 Institutional, general and final provisions 16
  • Article   17.1 Trade Committee 16
  • Article   17.2 Specialised Committees 16
  • Article   17.3 Working Groups 16
  • Article   17.4 Decision-Making of the Trade Committee 16
  • Article   17.5 Amendments 16
  • Article   17.6 Evolving WTO Law 16
  • Article   17.7 Taxation 16
  • Article   17.8 Current Account 16
  • Article   17.9 Capital Movements 16
  • Article   17.10 Application of Laws and Regulations relating to Capital Movements, Payments or Transfers 16
  • Article   17.11 Temporary Safeguard Measures with Regard to Capital Movements, Payments or Transfers 16
  • Article   17.12 Restrictions in Case of Balance-of-Payments or External Financial Difficulties 16
  • Article   17.13 Security Exceptions 16
  • Article   17.14 Preference Utilisation 16
  • Article   17.15 Disclosure of Information 16
  • Article   17.16 Entry into Force 16
  • Article   17.17 Duration 16
  • Article   17.18 Fulfilment of Obligations 16
  • Article   17.19 Persons Exercising Delegated Governmental Authority 16
  • Article   17.20 No Direct Effect 16
  • Article   17.21 Annexes, Appendices, Joint Declarations, Protocols and Understandings 16
  • Article   17.22 Relations to other Agreements 16
  • Article   17.23 Future Accessions to the Union 16
  • Article   17.24 Territorial Application 17
  • Article   17.25 Authentic Texts 17