Article 94. Definitions and Scope

1. For the purpose of this Title:
(a) "telecommunications services" means all services consisting of the transmission and reception of electro-magnetic signals and do not cover the economic activity consisting of the provision of content which requires telecommunications for its transport;
(b) a "regulatory authority" in the telecommunications sector means the body or bodies charged with the regulation of telecommunications mentioned in this Chapter;
(c) "essential telecommunications facilities" mean facilities of a public telecommunications transport network and service that:
(i) are exclusively or predominantly provided by a single or limited number of suppliers; and
(ii) cannot feasibly be economically or technically substituted in order to provide a service;
(d) a "major supplier" in the telecommunications sector is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of control over essential facilities or the use of its position in the market;
(e) "interconnection" means linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;
(f) "universal service" means the set of services of specified quality that must be made available to all users in the territory of the EC Party and of the Signatory CARIFORUM States regardless of their geographical location and at an affordable price; its scope and implementation are decided by the EC Party and by the Signatory CARIFORUM States.
2. This Section sets out the principles of the regulatory framework for the following telecommunications services, other than broadcasting, liberalised pursuant to Chapters 2, 3 and 4 of this Title: voice telephone services, packet-switched data transmission services, circuit-switched data transmission services, telex services, telegraph services, facsimile services, private leased circuit services and mobile and personal communications services and systems.

Article 95. Regulatory Authority

1. Regulatory authorities for telecommunications services shall be legally distinct and functionally independent from any supplier of telecommunications services.
2. The regulatory authority shall be sufficiently empowered to regulate the sector. The tasks to be undertaken by a regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.
3. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
4. A supplier affected by the decision of a regulatory authority shall have a right to appeal against that decision to an appeal body that is independent of the parties involved. Where the appeal body is not judicial in character, written reasons for its decision shall always be given and its decisions shall also be subject to review by an impartial and independent judicial authority. Decisions taken by appeal bodies shall be effectively enforced.

Article 96. Authorisation to Provide Telecommunications Services

1. Provision of services shall, as much as possible, be authorised following mere notification.
2. A licence can be required to address issues of attributions of numbers and frequencies. The terms and conditions for such licences shall be made publicly available.
3. Where a licence is required:
(a) all the licensing criteria and a reasonable period of time normally required to reach a decision concerning an application for a licence shall be made publicly available;
(b) the reasons for the denial of a licence shall be made known in writing to the applicant upon request;
(c) the applicant of a licence shall be able to seek recourse before an appeal body in case a licence is unduly denied;
(d) licence fees required by the EC Party or by the Signatory CARIFORUM States for granting a licence shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences.

Article 97. Competitive Safeguards on Major Suppliers

In accordance with the provisions of Chapter 1 of Title IV, appropriate measures shall be maintained or introduced by the EC Party or the Signatory CARIFORUM States for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include in particular:
(a) engaging in anti-competitive cross-subsidisation;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

Article 98. Interconnection

1. Any supplier authorised to provide telecommunications services shall have the right to negotiate interconnection with other providers of publicly available telecommunications networks and services. Interconnection should in principle be agreed on the basis of commercial negotiation between the companies concerned.
2. Regulatory authorities shall ensure that suppliers that acquire information from another undertaking during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.
3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided:
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and rates (23) that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
4. The procedures applicable for interconnection to a major supplier shall be made publicly available.
5. Major suppliers shall make publicly available either their interconnection agreements or their reference interconnection offers.
6. A service supplier requesting interconnection with a major supplier shall have recourse, either at any time or after a reasonable period of time which has been made publicly known, to an independent domestic body, which may be a regulatory body as referred to in Article 95, to resolve disputes regarding appropriate terms, conditions and rates for interconnection.

Article 99. Scarce Resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

Article 100. Universal Service

1. The EC Party or any Signatory CARIFORUM State has the right to define the kind of universal service obligations they wish to maintain.
2. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition and not more burdensome than necessary for the kind of universal service defined by the EC Party and by the Signatory CARIFORUM States.
3. All suppliers should be eligible to ensure universal service. The designation shall be made through an efficient, transparent and non-discriminatory mechanism. Where necessary, the EC Party and the Signatory CARIFORUM States shall assess whether the provision of universal service represents an unfair burden on organisations(s) designated to provide universal service. Where justified on the basis of such calculation, and taking into account the market benefit, if any, which accrues to an organisation that offers universal service, national regulatory authorities shall determine whether a mechanism is required to compensate the supplier(s) concerned or to share the net cost of universal service obligations.
4. The EC Party and the Signatory CARIFORUM States shall ensure that:
(a) directories of all subscribers are available to users in a form approved by the national regulatory authority, whether printed or electronic, or both, and are updated on a regular basis, and at least once a year;
(b) organisations that provide the services referred to in subparagraph (a) apply the principle of non-discrimination to the treatment of information that has been provided to them by other organisations.

Article 101. Confidentiality of Information

The EC Party and the Signatory CARIFORUM States shall ensure the confidentiality of telecommunications and related traffic data by means of a public telecommunication network and publicly available telecommunications services, without restricting trade in services.

Article 102. Disputes between Suppliers

1. In the event of a dispute arising between suppliers of telecommunications networks or services in connection with rights and obligations that arise from this Chapter, the national regulatory authority concerned shall, at the request of either party to the dispute, issue a binding decision to resolve the dispute in the shortest possible timeframe.
2. When such a dispute concerns the cross-border provision of services, the national regulatory authorities concerned shall coordinate their efforts in order to bring about a resolution of the dispute. Financial services

Article 103. Scope and Definitions

1. This Section sets out the principles of the regulatory framework for all financial services liberalised pursuant to Chapters 2, 3 and 4 of this Title.
2. For the purpose of this Chapter and of Chapters 2, 3 and 4 of this Title:
(a) "financial service" means any service of a financial nature offered by a financial service supplier of the EC Party and of the Signatory CARIFORUM States. Financial services comprise the following activities:
A. Insurance and insurance-related services 1. direct insurance (including co-insurance):
(i) life;
(ii) non-life;
2. reinsurance and retrocession;
3. insurance inter-mediation, such as brokerage and agency; and
4. services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
B. Banking and other financial services (excluding insurance):
1. acceptance of deposits and other repayable funds from the public;
2. ending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;
3. financial leasing;
4. all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;
5. guarantees and commitments;
6. trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
(i) money market instruments (including cheques, bills, certificates of deposits);
(ii) foreign exchange;
(iii) derivative products including, but not limited to, futures and options;
(iv) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements; (v) transferable securities;
(vi) other negotiable instruments and financial assets, including bullion;
7. participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;
8. money broking;
9. asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;
10. settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;
11. provision and transfer of financial information, and financial data processing and related software;
12. advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (1) through (11), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;
(b) "financial service supplier" means any natural or juridical person of the EC Party or of the Signatory CARIFORUM States which seeks to provide or provides financial services. The term "financial service supplier" does not include a public entity;
(c) "public entity" means:
1. a government, a central bank or a monetary authority, of the EC Party or of a Signatory CARIFORUM State, or an entity owned or controlled by the EC Party or by a Signatory CARIFORUM State, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or
2. a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions;
(d) "new financial service" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of the EC Party or of the Signatory CARIFORUM States but which is supplied in the territory of the other Party.

Article 104. Prudential Carve-out

1. The EC Party and the Signatory CARIFORUM States may adopt or maintain measures for prudential reasons, such as:
(a) the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier;
(b) ensuring the integrity and stability of their financial system.
2. Nothing in this Agreement shall be construed to require the EC Party or the Signatory CARIFORUM States to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

Article 105. Effective and Transparent Regulation

1. The Parties and the Signatory CARIFORUM States shall endeavour to provide in advance to all interested persons any measure of general application that the EC Party or the Signatory CARIFORUM States propose to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:
(a) by means of an official publication; or
(b) in other written or electronic form.
2. The EC Party and the Signatory CARIFORUM States shall make available to interested persons their requirements for completing applications relating to the supply of financial services. On the request of an applicant, the concerned EC Party or Signatory CARIFORUM State shall inform the applicant of the status of its application. If the concerned EC Party or Signatory CARIFORUM State requires additional information from the applicant, it shall notify the applicant without undue delay. The EC Party and the Signatory CARIFORUM States shall endeavour to facilitate the implementation and application in their territory of internationally agreed standards for regulation and supervision in the financial services sector.

Article 106. New Financial Services （24）

The EC Party and the Signatory CARIFORUM States shall permit a financial service supplier of the other Party to provide any new financial service of a type similar to those services that the EC Party and the Signatory CARIFORUM States permit their own financial service suppliers to provide under their domestic law in like circumstances. The EC Party and the Signatory CARIFORUM States may determine the juridical form through which the service may be provided and may require authorisation for the provision of the service. Where such authorisation is required, a decision shall be made within a reasonable time and the authorisation may only be refused for prudential reasons.

Article 107. Data Processing

1. The EC Party and the Signatory CARIFORUM States shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of their territory, for data processing where such processing is required in the ordinary course of business of such financial service supplier. 2. The EC Party and the Signatory CARIFORUM States shall adopt adequate safeguards to the protection of privacy and fundamental rights, and freedom of individuals, in particular with regard to the transfer of personal data.

Article 108. Specific Exceptions

1. Nothing in this Title shall be construed to prevent the EC Party and the Signatory CARIFORUM States, including their public entities, from exclusively conducting or providing in their territory activities or services forming part of a public retirement plan or statutory system of social security, except when those activities may be carried out, as provided by the domestic regulation of the EC Party or the Signatory CARIFORUM State concerned, by financial service suppliers in competition with public entities or private institutions.
2. Nothing in this Agreement applies to activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies.
3. Nothing in this Title shall be construed to prevent the EC Party and the Signatory CARIFORUM States, including their public entities, from exclusively conducting or providing in their territory activities or services for the account or with the guarantee or using the financial resources of the EC Party or the Signatory CARIFORUM State, or their public entities. International maritime transport services

Article 109. Scope, Definitions and Principles

1. This Section sets out the principles regarding the liberalisation of international maritime transport services pursuant to Chapters 2, 3 and 4 of this Title.
2. For the purpose of this Section and Chapters 2, 3 and 4 of this Title:
(a) "international maritime transport" includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea-leg, under a single transport document, and to this effect includes the right to directly contract with providers of other modes of transport;
(b) "maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
(i) the loading/discharging of cargo to/from a ship;
(ii) the lashing/unlashing of cargo;
(iii) the reception/delivery and safekeeping of cargoes before shipment or after discharge;
(c) "customs clearance services" (alternatively "customs house brokers" services') means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity;
(d) "container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments;
(e) "maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
(i) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;
(ii) acting on behalf of the companies organising the call of the ship or taking over cargoes when required;
(f) "freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
3. In view of the existing levels of liberalisation between the Parties in international maritime transport:
(a) The EC Party and the Signatory CARIFORUM States shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis;
(b) The EC Party and the Signatory CARIFORUM States shall grant to ships flying the flag of the other Party or of any Signatory CARIFORUM State or operated by service suppliers of the other Party treatment no less favourable than that accorded to their own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.
4. In applying these principles, the EC Party and the Signatory CARIFORUM States shall:
(a) not introduce cargo-sharing arrangements in future bilateral agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous bilateral agreements; and
(b) upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.
5. The EC Party and the Signatory CARIFORUM States shall permit international maritime service suppliers of the other Party to have a commercial presence in their territory under conditions of establishment and operation no less favourable than those accorded to their own service suppliers or those of any third country, whichever are the better.
6. The EC Party and the Signatory CARIFORUM States shall make available to international maritime transport suppliers of the other Party on reasonable and non discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services. 

Section 7. TOURISM SERVICES

Article 110. Scope

This Section sets out the principles of the regulatory framework for all tourism services liberalised in accordance with Chapters 2, 3 and 4 of this Title.

Article 111. Prevention of Anticompetitive Practices

In accordance with the provisions of Chapter 1 of Title IV, appropriate measures shall be maintained or introduced by the EC Party or the Signatory CARIFORUM States for the purpose of preventing suppliers, in particular in the context of tourism distribution networks, (25) to affect materially the terms of participation in the relevant market for tourism services by engaging in or continuing anti-competitive practices, including, inter alia, abuse of dominant position through imposition of unfair prices, exclusivity clauses, refusal to deal, tied sales, quantity restrictions or vertical integration.

Article 112. Access to Technology

The EC Party and the Signatory CARIFORUM States shall endeavour to facilitate the transfer of technology on a commercial basis to commercial presences in the Signatory CARIFORUM States.

Article 113. Small- and Medium-sized Enterprises

The EC Party and the Signatory CARIFORUM States shall endeavour to facilitate the participation of small- and medium-sized enterprises in the tourism services sector.

Article 114. Mutual Recognition

The Parties shall cooperate towards the mutual recognition of requirements, qualifications, licenses or other regulations in accordance with Article 85.

Article 115. Increasing the Impact of Tourism on Sustainable Development

The Parties shall encourage the participation of CARIFORUM services suppliers in international, regional, sub-regional, bilateral and private financing programs to support the sustainable development of tourism.

Article 116. Environmental and Quality Standards

The Parties and the Signatory CARIFORUM States shall encourage compliance with environmental and quality standards applicable to tourism services in a reasonable and objective manner, without constituting unnecessary barriers to trade, and shall endeavour to facilitate the participation of the Signatory CARIFORUM States in relevant international organisations setting environmental and quality standards applicable to tourism services.

Article 117. Development Cooperation and Technical Assistance

1. The Parties shall cooperate for the advancement of the tourism sector in the Signatory CARIFORUM States, given the inherent asymmetries in respective levels of development of the Parties.
2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by facilitating support in the following areas:
(a) The upgrading of national accounting systems with a view to facilitating the introduction of Tourism Satellite Accounts (TSA) at the regional and local level;
(b) Capacity building for environmental management in tourism areas at the regional and local level;
(c) The development of Internet marketing strategies for small and medium-sized tourism enterprises in the tourism services sector;
(d) Mechanisms to ensure the effective participation of Signatory CARIFORUM States in international standard setting bodies focused on sustainable tourism standards development; programmes to achieve and ensure equivalency between national/regional and international standards for sustainable tourism; and programmes aimed at increasing the level of compliance with sustainable tourism standards by regional tourism services suppliers;
(e) Tourism exchange programs and training, including language training, for tourism services providers.

Article 118. Exchange of Information and Consultation

1. The Parties agree to exchange experiences, information and best practices and to consult on issues covered by this section and relevant to trade between the Parties. The CARIFORUM-EC Trade and Development Committee shall develop modalities for this regular dialogue on the issues covered by this Section.
2. The Parties shall invite private and other relevant stakeholders to this dialogue, where relevant and agreed by them.
3. The Parties agree further that regular dialogue would be useful on the issuance of travel advisories.

Chapter 6. Electronic Commerce

Article 119. Objective and Principles

1. The Parties, recognising that electronic commerce increases trade opportunities in many sectors, agree to promote the development of electronic commerce between them, in particular by cooperating on the issues raised by electronic commerce under the provisions of this Title.
2. The Parties agree that the development of electronic commerce must be fully compatible with the highest international standards of data protection, in order to ensure the confidence of users of electronic commerce.
3. The Parties agree that deliveries by electronic means shall be considered as the provision of services, within the meaning of Chapter 3 of this Title, which cannot be subject to customs duties.

Article 120. Regulatory Aspects of E-commerce

1. The Parties shall maintain a dialogue on regulatory issues raised by electronic commerce, which will, inter alia, address the following issues:
(a) the recognition of certificates of electronic signatures issued to the public and the facilitation of cross-border certification services;
(b) the liability of intermediary service providers with respect to the transmission, or storage of information; (c) the treatment of unsolicited electronic commercial communications;
(d) the protection of consumers in the ambit of electronic commerce;
(e) any other issue relevant for the development of electronic commerce.
2. Such cooperation can take the form of exchange of information on the respective legislation of the Parties and the Signatory CARIFORUM States on these issues as well as on the implementation of such legislation.

Chapter 7. Cooperation

Article 121. Cooperation

1. The Parties recognise the importance of technical cooperation and assistance in order to complement the liberalisation of services and investment, support the Signatory CARIFORUM States' efforts to strengthen their capacity in the supply of services, facilitate the implementation of commitments under this Title, and achieve the objectives of this Agreement.
2. Subject to the provisions of Article 7, the Parties agree to cooperate, including by providing support for technical assistance, training and capacity building in, inter alia, the following areas:
(a) Improving the ability of service suppliers of the Signatory CARIFORUM States to gather information on and to meet regulations and standards of the EC Party at European Community, national and sub-national levels; (b) Improving the export capacity of service suppliers of the Signatory CARIFORUM States, with particular attention to the marketing of tourism and cultural services, the needs of small and medium-sized enterprises, franchising and the negotiation of mutual recognition agreements;
(c) Facilitating interaction and dialogue between service suppliers of the EC Party and of the Signatory CARIFORUM States;
(d) Addressing quality and standards needs in those sectors where the Signatory CARIFORUM States have undertaken commitments under this Agreement and with respect to their domestic and regional markets as well as trade between the Parties, and in order to ensure participation in the development and adoption of sustainable tourism standards;
(e) Developing and implementing regulatory regimes for specific service sectors at CARIFORUM regional level and in Signatory CARIFORUM States in those sectors where they have undertaken commitments under this Agreement; and
(f) Establishing mechanisms for promoting investment and joint ventures between service suppliers of the EC Party and of the Signatory CARIFORUM States, and enhancing the capacities of investment promotion agencies in Signatory CARIFORUM States.

Section TITLE III. Current Payments and Capital Movement

Article 122. Current Payments

Subject to the provisions of Article 124, the Signatory CARIFORUM States and the EC Party undertake to impose no restrictions on and to allow all payments for current transactions between residents of the EC Party and of the CARIFORUM States to be made in freely convertible currency.

Article 123. Capital Movements

1. With regard to transactions on the capital account of balance of payments, the Signatory CARIFORUM States and the EC Party undertake to impose no restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country and investments established in accordance with the provisions of Title II, and the liquidation and repatriation of these capitals and of any profit stemming therefrom.
2. The Parties shall consult each other with a view to facilitating the movement of capital between them in order to promote the objectives of this Agreement.

Article 124. Safeguard Measures

1. Where, in exceptional circumstances, payments and capital movements between the Parties cause or threaten to cause serious difficulties for the operation of monetary policy or exchange rate policy in one or more CARIFORUM States or one or more Member States of the European Union, safeguard measures with regard to capital movements that are strictly necessary may be taken by the EC Party or the concerned Signatory CARIFORUM State or States for a period not exceeding six months. 2. The Joint CARIFORUM-EC Council shall be informed forthwith of the adoption of any safeguard measure and, as soon as possible, of a time schedule for its removal.

Section IV. TRADE-RELATED ISSUES

Chapter 1. Competition

Article 125. Definitions

For the purposes of this Chapter:
1. "Competition Authority" means for the EC Party, the "European Commission"; and for the CARIFORUM States one or more of the following Competition Authorities as appropriate: the CARICOM Competition Commission and the Comisión Nacional de Defensa de la Competencia of the Dominican Republic;
2. "enforcement proceeding" means a proceeding instituted by the competent Competition Authority of a Party against one or more undertakings with the aim of establishing and remedying anti-competitive behaviour;
3. "competition laws" includes:
(a) for the EC Party, Articles 81, 82 and 86 of the Treaty establishing the European Community, and their implementing regulations or amendments;
(b) for the CARIFORUM States, Chapter 8 of the Revised Treaty of Chaguaramas of 5 July 2001, national competition legislation complying with the Revised Treaty of Chaguaramas and the national competition legislation of The Bahamas and the Dominican Republic. Upon entry into force of this Agreement and thereafter, the enactment of such legislation shall be brought to attention of the EC Party through the CARIFORUM-EC Trade and Development Committee.

Article 126. Principles

The Parties recognise the importance of free and undistorted competition in their trade relations. The Parties acknowledge that anti-competitive business practices have the potential to distort the proper functioning of markets and generally undermine the benefits of trade liberalisation. They therefore agree that the following practices restricting competition are incompatible with the proper functioning of this Agreement, in so far as they may affect trade between the Parties:
(a) agreements and concerted practices between undertakings, which have the object or effect of preventing or substantially lessening competition in the territory of the EC Party or of the CARIFORUM States as a whole or in a substantial part thereof;
(b) abuse by one or more undertakings of market power in the territory of the EC Party or of the CARIFORUM States as a whole or in a substantial part thereof.

Article 127. Implementation

1. The Parties and the Signatory CARIFORUM States shall ensure that within five years of the entry into force of this Agreement they have laws in force addressing restrictions on competition within their jurisdiction, and have established the bodies referred to in Article 125(1).
2. Upon entry into force of the laws and the establishment of the bodies referred to in paragraph 1, the Parties shall give effect to the provisions of Article 128. The Parties also agree to review the operation of this Chapter after a confidence-building period between their Competition Authorities of six years following the coming into operation of Article 128.

Article 128. Exchange of Information and Enforcement Cooperation

1. Each Competition Authority may inform the other Competition Authorities of its willingness to cooperate with respect to enforcement activity. This cooperation shall not prevent the Parties or the Signatory CARIFORUM States from taking autonomous decisions.
2. With a view to facilitating the effective application of their respective competition laws, the Competition Authorities may exchange non-confidential information. All exchange of information shall be subject to the standards of confidentiality applicable in each Party and the Signatory CARIFORUM States.
3. Any Competition Authority may inform the other Competition Authorities of any information it possesses which indicates that anticompetitive business practices falling within the scope of this Chapter are taking place in the other Party's territory. The Competition Authority of each Party shall decide upon the form of the exchange of information in accordance with its best practices. Each Competition Authority may also inform the other Competition Authorities of any enforcement proceeding being carried out by it in the following instances:
(i) The activity being investigated takes place wholly or substantially within the jurisdiction of any of the other Competition Authorities;
(ii) The remedy likely to be imposed would require the prohibition of conduct in the territory of the other Party or Signatory CARIFORUM States;
(iii) The activity being investigated involves conduct believed to have been required, encouraged or approved by the other Party or Signatory CARIFORUM States.

Article 129. Public Enterprises and Enterprises Entrusted with Special or Exclusive Rights, Including Designated Monopolies

1. Nothing in this Agreement prevents a Party or a Signatory CARIFORUM State from designating or maintaining public or private monopolies according to their respective laws.
2. With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Parties and the Signatory CARIFORUM States shall ensure that, following the date of the entry into force of this Agreement, there is neither enacted nor maintained any measure distorting trade in goods or services between the Parties to an extent contrary to the Parties interest, and that such enterprises shall be subject to the rules of competition in so far as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.
3. By derogation from paragraph 2, the Parties agree that where public enterprises in the Signatory CARIFORUM States are subject to specific sectoral rules as mandated by their respective regulatory frameworks, such public enterprises shall not be bound or governed by the provisions of this Article.
4. The Parties and the Signatory CARIFORUM States shall progressively adjust, without prejudice to their obligations under the WTO Agreement, any State monopolies of a commercial nature or character, so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods and services are sold or purchased exists between goods and services originating in the EC Party and those originating in the CARIFORUM States or between nationals of the Member States of the European Union and those of the CARIFORUM States, unless such discrimination is inherent in the existence of the monopoly in question.
5. The CARIFORUM-EC Trade and Development Committee shall be informed about the enactment of sectoral rules provided for in paragraph 3 and the measures adopted to implement paragraph 4.

Article 130. Cooperation

1. The Parties agree on the importance of technical assistance and capacity-building to facilitate the implementation of the commitments and achieve the objectives of this Chapter and in particular to ensure effective and sound competition policies and rule enforcement, especially during the confidence-building period referred to in Article 127.
2. Subject to the provisions of Article 7 the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) the efficient functioning of the CARIFORUM Competition Authorities;
(b) assistance in drafting guidelines, manuals and, where necessary, legislation; (c) the provision of independent experts; and
(d) the provision of training for key personnel involved in the implementation of and enforcement of competition policy.

Chapter 2. Innovation and Intellectual Property

Article 131. Context

1. The Parties agree that fostering innovation and creativity improves competitiveness and is a crucial element in their economic partnership, in achieving sustainable development, promoting trade between them and ensuring the gradual integration of CARIFORUM States into the world economy.
2. They also recognise that the protection and enforcement of intellectual property plays a key role in fostering creativity, innovation and competitiveness, and are determined to ensure increasing levels of protection appropriate to their levels of development.

Article 132. Objectives

The objectives of this Chapter are to:
(a) promote the process of innovation, including eco-innovation, of enterprises located in the Parties;
(b) foster competitiveness of enterprises and in particular micro-, small and medium-sized enterprises of the Parties;
(c) facilitate the production and commercialisation of innovative and creative products between the Parties; (d) achieve an adequate and effective level of protection and enforcement of intellectual property rights;
(e) contribute to the promotion of technological innovation and to the transfer and dissemination of technology and know-how;
(f) encourage, develop and facilitate cooperative research and development activities in science and technology between the Parties, as well as to develop lasting relations between the Parties' scientific communities;
(g) encourage, develop and facilitate cooperative production and development activities in the creative industries between the Parties, as well as to develop lasting relationships between the Parties' creative communities;
(h) promote and strengthen regional cooperative activities involving the outermost regions of the European Community, so as to allow these regions and the CARIFORUM States to mutually benefit from their proximity and neighbourhood situation by developing an innovative and competitive regional area. Innovation

Article 133. Regional Integration

The Parties recognise that measures and policies to be taken at the regional level are necessary to fully attain the objectives of this Section. The CARIFORUM States agree to increase action at the regional level with a view to providing enterprises with a regulatory and policy framework conducive to fostering competitiveness through innovation and creativity.

Article 134. Participation In Framework Programmes

1. The participation of the Parties and the Signatory CARIFORUM States shall be facilitated and promoted in existing and future framework programmes, specific programmes and other activities of the other Party, in so far as it is permitted by each Party's internal rules governing access to the programmes and activities concerned.
2. The CARIFORUM-EC Trade and Development Committee may make recommendations in order to facilitate the participation of CARIFORUM institutions and enterprises in the programmes referred to in paragraph 1 and shall periodically review such participation.

Article 135. Cooperation In the Area of Competitiveness and Innovation

1. The Parties recognise that the promotion of creativity and innovation is essential for the development of entrepreneurship and competitiveness and the achievement of the overall objectives of this Agreement.
2. Subject to the provisions of Article 7 and 134, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) promotion of innovation, diversification, modernisation, development and product and process quality in businesses;
(b) promotion of creativity and design, particularly in micro, small and medium enterprises, and exchanges between networks of design centres located in the EC Party and the CARIFORUM States;
(c) promotion of dialogue and exchanges of experience and information between networks of economic operators;
(d) technical assistance, conferences, seminars, exchange visits, prospecting for industrial and technical opportunities, participation in round tables and general and sectoral trade fairs;
(e) promotion of contacts and industrial cooperation between economic operators, encouraging joint investment and ventures and networks through existing and future programs;
(f) promotion of partnerships for research and development activities in the CARIFORUM States in order to improve their innovation systems; and (g) intensification of activities to promote linkages, innovation and technology transfer between CARIFORUM and European Community partners.

Article 136. Cooperation on Science and Technology

1. The Parties will foster the participation of their research and technological development bodies in the cooperation activities in compliance with their internal rules. Cooperative activities may take the following forms:
(a) joint initiatives to raise the awareness of the science and technology capacity building programmes of the European Community, including the international dimension of 7th Framework Programme for Research and Technological Development (FP7) and possible successor programmes, as appropriate;
(b) joint research networks in areas of common interest;
(c) exchanges of researchers and experts to promote project preparation and participation in FP7 and in the other research programmes of the European Community;
(d) joint scientific meetings to foster exchanges of information and interaction and to identify areas for joint research;
(e) promotion of advanced science and technology studies which contribute to the long term sustainable development of both Parties;
(f) development of links between the public and private sectors;
(g) evaluation of joint work and the dissemination of results;
(h) policy dialogue and exchanges of scientific and technological information and experience at regional level; (i) exchange of information at regional level on regional science and technology programmes;
(j) participation in the Knowledge and Innovation Communities of the European Institute of Innovation and Technology.
2. Special emphasis will be put on human potential building as a long-lasting basis of scientific and technological excellence and the creation of sustainable links between the scientific and technological communities of the Parties, at both national and regional levels.
3. Research centres, higher-education institutions, and other stakeholders, including micro, small and medium enterprises, located in the Parties shall be involved in this cooperation as appropriate.
4. The Parties shall promote the participation of their respective entities in each other's scientific and technological programmes in pursuit of mutually beneficial scientific excellence and in accordance with their respective provisions governing the participation of legal entities from third countries.

Article 137. Cooperation on Information Society and Information and Communication Technologies

1. The Parties recognise that information and communications technologies (ICT) are key sectors in a modern society and are of vital importance to foster creativity, innovation and competitiveness, as well as the smooth transition to the information society.
2. Subject to the provisions of Article 7 and 134, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) dialogue on the various policy aspects regarding the promotion and monitoring of the information society;
(b) exchange of information on regulatory issues;
(c) exchange of information on standards and interoperability issues;
(d) promotion of cooperation in the field of ICT research and development and in the field of ICT-based research infrastructures;
(e) development of non-commercial content and pilot applications in domains of high societal impact; and
(f) ICT capacity-building with, in particular, the promotion of networking, exchange and training of specialists, especially in the regulatory domain.

Article 138. Cooperation on Eco-innovation and Renewable Energy

1. With a view to achieving sustainable development and in order to help maximise any positive and prevent any negative environmental impacts resulting from this Agreement, the Parties recognise the importance of fostering forms of innovation that benefit the environment in all sectors of their economy. Such forms of eco-innovation include energy efficiency and renewable sources of energy.
2. Subject to the provisions of Article 7 and 134, the Parties agree to cooperate, including by facilitating support, in the following areas:
(a) projects related to environmentally-friendly products, technologies, production processes, services, management and business methods, including those related to appropriate water-saving and Clean Development Mechanism applications;
(b) projects related to energy efficiency and renewable energy;
(c) promotion of eco-innovation networks and clusters, including through public-private partnerships;
(d) exchanges of information, know-how and experts;
(e) awareness-raising and training activities;
(f) preparation of studies and provision of technical assistance;
(g) collaboration in research and development; and
(h) pilot and demonstration projects. 

Section 2. INTELLECTUAL PROPERTY

Principles

Article 139. Nature and Scope of Obligations

1. The EC Party and the Signatory CARIFORUM States shall ensure an adequate and effective implementation of the international treaties dealing with intellectual property to which they are parties and of the Agreement on Trade-related Aspects of Intellectual Property, contained in Annex IC to the Agreement establishing the World Trade Organisation (hereinafter referred to as the TRIPS Agreement).
2. The EC Party and the Signatory CARIFORUM States agree that the principles set out in Article 8 of the TRIPS Agreement apply to this Section. The Parties also agree that an adequate and effective enforcement of intellectual property rights should take account of the development needs of the CARIFORUM States, provide a balance of rights and obligations between right holders and users and allow the EC Party and the Signatory CARIFORUM States to protect public health and nutrition. Nothing in this Agreement shall be construed as to impair the capacity of the Parties and the Signatory CARIFORUM States to promote access to medicines.
3. For the purpose of this Agreement, intellectual property rights include copyright (including the copyright in computer programmes, and neighbouring rights);
utility models; patents including patents for bio-technological inventions; protection for plant varieties; designs; layout-designs (topographies) of integrated circuits; geographical indications; trade marks for goods or services; protection for data bases; protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property, and protection of undisclosed confidential information on know how.
4. In addition and without prejudice to their existing and future international obligations, the EC Party and the Signatory CARIFORUM States shall give effect to the provisions of this Section and ensure their adequate and effective implementation no later than 1 January 2014 unless the CARIFORUM-EC Trade and Development Committee determines otherwise taking into account the development priorities and levels of development of the Signatory CARIFORUM States. The EC Party and the Signatory CARIFORUM States shall be free to determine the appropriate method of implementing the provisions of this Section within their own legal system and practice.
5. The EC Party and the Signatory CARIFORUM States may, but shall not be obliged to, implement in their law more extensive protection than is required by this Section, provided that such protection does not contravene the provisions of this Section.

Article 140. Least-developed Countries

Notwithstanding Article 139(1) and (4), Least-Developed Countries party to this Agreement shall be required to apply the following provisions only as established herein:
(a) the obligations under the TRIPS Agreement on equal pace with what may be required of them with regard to the implementation of the TRIPS Agreement under the relevant decisions of the Council for TRIPS or other applicable decisions by the WTO General Council;
(b) the obligations under Subsections 2 and 3 of this Section, not later than 1 January 2021, unless the CARIFORUM-EC Trade and Development Committee determines otherwise taking into account the relevant decisions mentioned in subparagraph (a).

Article 141. Regional Integration

1. The EC Party and the Signatory CARIFORUM States undertake to continue to consider further steps towards deeper integration in their respective regions in the field of intellectual property rights. This process shall cover further harmonisation of intellectual property laws and regulations, further progress towards regional management and enforcement of national intellectual property rights, as well as the creation and management of regional intellectual property rights, as appropriate.
2. The EC Party and the Signatory CARIFORUM States undertake to move towards a harmonised level of intellectual property protection across their respective regions.

Article 142. Transfer of Technology

1. The EC Party and the Signatory CARIFORUM States agree to exchange views and information on their practices and policies affecting transfer of technology, both within their respective regions and with third countries. This shall in particular include measures to facilitate information flows, business partnerships, licensing and subcontracting. 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 development of human capital and legal framework.
2. The EC Party and the Signatory CARIFORUM States shall take measures, as appropriate, to prevent or control licensing practices or conditions pertaining to intellectual property rights which may adversely affect the international transfer of technology and that constitute an abuse of intellectual property rights by right holders or an abuse of obvious information asymmetries in the negotiation of licences.
3. The EC Party shall facilitate and promote the use of incentives granted to institutions and enterprises in its territory for the transfer of technology to institutions and enterprises of the CARIFORUM States in order to enable the CARIFORUM States to establish a viable technological base. The EC Party shall endeavour to bring any known measures to the attention of the CARIFORUM EC Trade and Development Committee for discussion and review. 

Standards Concerning Intellectual Property Rights

Article 143. Copyright and Related Rights

A. International agreements 1. The EC Party and the Signatory CARIFORUM States shall comply with: (a) The World Intellectual Property Organisation (WIPO) Copyright Treaty (Geneva, 1996); and (b) The WIPO Performances and Phonograms Treaty (Geneva, 1996).
2. The Signatory CARIFORUM States shall endeavour to accede to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).
B. Cooperation on collective management of rights

Article 144. Trade Marks

A. Registration procedure
The EC Party and the Signatory CARIFORUM States shall provide for a system for the registration of trademarks in which each final decision taken by the relevant trademark administration is reasoned and in writing. The applicant will have the opportunity to contest the refusal to register a trademark and to appeal a final refusal before the Courts. The EC Party and the Signatory CARIFORUM States shall also introduce the possibility to object to the registration of trademarks after the publication of the applications. The EC Party and the Signatory CARIFORUM States shall provide publicly available electronic databases of trademark applications and trademark registrations.

B. Well-known trade marks
The EC Party and the Signatory CARIFORUM States recall the obligation under the TRIPS Agreement to apply the concept of well-known marks to service marks. In determining whether a trademark is well-known, the EC Party and the Signatory CARIFORUM States shall endeavour to apply the Joint Recommendation adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO, 20 to 29 September 1999.

C. Internet use
The EC Party and the Signatory CARIFORUM States accept the need for a clear legal framework for trademark owners who wish to use their trademarks on the Internet and to participate in the development of electronic commerce which includes provisions addressing whether the use of a sign on the Internet has contributed to the acquisition or infringement of a mark or whether such use constitutes an act of unfair competition, and a determination of the remedies. In this respect, the EC Party and the Signatory CARIFORUM States shall endeavour to apply the Joint Recommendation concerning the protection of marks, and other industrial property rights in signs, on the Internet, as adopted by WIPO at the Thirty-Sixth Series of Meetings of the Assemblies of the Member States of WIPO, 24 September to 3 October 2001.

D. Trade mark licenses
The EC Party and the Signatory CARIFORUM States shall endeavour to apply the joint recommendations concerning trademark licenses adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fifth Series of Meetings of the Assemblies of the Member States of WIPO, 25 September to 3 October 2000.

E. International agreements
The EC Party and the Signatory CARIFORUM States shall endeavour to accede to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989) and the revised Trademark Law Treaty (2006).

F. Exceptions to the rights conferred by a trade mark

The EC Party and the Signatory CARIFORUM States shall provide for the fair use of descriptive terms, including geographical indications, as a limited exception to the rights conferred by a trademark. Such limited exception shall take account of the legitimate interests of the owner of the trademark and of third parties.

Article 145. Geographical Indications

A. Protection in the country of origin
1. Nothing in this Agreement shall require the EC Party and the Signatory CARIFORUM States to protect in their territories geographical indications that are not protected in their country of origin.
2. The Signatory CARIFORUM States shall establish a system of protection of geographical indications in their respective territories no later than 1 January 2014. The Parties shall cooperate through the CARIFORUM-EC Trade and Development Committee in accordance with the provisions of Article 164(2)(c) towards the development of geographical indications in the territories of the CARIFORUM States. To this end, and within six months from the entry into force of the Agreement, the CARIFORUM States shall submit to the consideration of the CARIFORUM EC Trade and Development Committee a list of prospective Geographical Indications originating in the CARIFORUM States for its discussion and comments.
3. The Parties shall discuss within the CARIFORUM EC Trade and Development Committee the effective implementation of this Article and exchange information on legislative and policy developments on geographical indications.

B. Term of protection
1. Protection afforded in respect of geographical indications in the EC Party and the Signatory CARIFORUM States shall be granted in accordance with the legal system and practice of the EC Party or the relevant Signatory CARIFORUM State as the case may be, and shall be indefinite. (26) 
2. Such protection shall ensure that the use of geographical indications of goods protected pursuant to paragraph 1 be exclusively reserved in the EC Party and the Signatory CARIFORUM States to goods originating in the geographical area concerned and that are produced in accordance with the relevant product specifications.
3. In respect of the protection of geographical indications, the EC Party and the Signatory CARIFORUM States shall prohibit and prevent, ex officio or at the request of an interested party: 
(a) regardless of the class of product on which it is used, the use in their territory of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place or origin in a manner which misleads the public as to the true geographical origin of the good; or any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention;
(b) any use of the protected names for goods in the same class of product as the geographical indication which do not originate in the geographical area indicated, even where:
(i) the true origin of the good is indicated;
(ii) the geographical indication in question is used in translation;
(iii) the name is accompanied by terms such as "kind", "type", "style", "imitation", "method" or other expressions of the sort.
4. It shall be possible to cancel the registration of a geographical indication. The procedure to this effect shall allow for the participation of any natural or legal person having a legitimate interest.

C. Generic terms, plant varieties, animal breeds
1. The EC Party and the Signatory CARIFORUM States shall not be required to apply the protection of geographical indications referred to in section B with respect to goods for which the relevant indication is identical with the term customary in common language as the common name for such goods in their respective territories.
2. Nothing in this Section shall require the EC Party and the Signatory CARIFORUM States to apply the protection of geographical indications referred to in section B with respect to products of the vine, plants or animals for which the relevant indication is identical with the name of a grape variety, plant variety or animal breed existing in the territory of the EC Party or the Signatory CARIFORUM State concerned as of the date of entry into force of this Agreement.
3. Homonymous geographical indications shall be protected by the EC Party and Signatory CARIFORUM States provided that there is a sufficient distinction in practice between the geographical indication first protected and the homonym subsequently protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead consumers. A homonymous name that misleads the consumer in to believing that products come from another territory shall not be protected by the EC Party or the Signatory CARIFORUM State concerned.
4. If a geographical indication of the EC Party or Signatory CARIFORUM State is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPS Agreement applies mutatis mutandis.

D. Relationship between geographical indications and trade marks
1. A geographical indication shall not be registered in the EC Party or the Signatory CARIFORUM States where, in the light of a trade mark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product.
2. From the date of entry into force of this Agreement, the registration of a trade mark which is identical with, similar to or containing a geographical indication protected respectively in the EC Party or in the Signatory CARIFORUM States pursuant to section B and relating to the same class of product shall be refused respectively in the EC Party or in the Signatory CARIFORUM States. Furthermore, the registration of a trade mark in such circumstances shall be refused respectively in the EC Party or in the Signatory CARIFORUM States if the application for registration of the trade mark was submitted after the date of application for protection of the geographical indication in the territory concerned and the geographical indication is subsequently protected.
3. Trade marks registered in breach of the preceding paragraph shall be invalidated. 4. The EC Party and the Signatory CARIFORUM States shall ensure that, subject to the provisions of section D(1), (2) and (3), a trade mark, the use of which corresponds to one of the situations referred to in section B(3), and which has been applied for, registered or established by use, if that possibility is provided for by the applicable legislation, in good faith within the territories of the EC Party or of a Signatory CARIFORUM State, before the date of application of the WTO obligations in the EC Party or a Signatory CARIFORUM State, or before the date of application for protection of the geographical indication in the respective territories, may continue to be used notwithstanding the registration of the geographical indication, provided that no grounds for the invalidity or revocation of the trade mark exist as specified by the legislation of the EC Party or of the concerned Signatory CARIFORUM State. In such case, the use of the geographical indication shall be permitted alongside the relevant trade mark.
E. Future protection agreement
The EC Party and the Signatory CARIFORUM States shall no later than 1 January 2014 commence negotiations aimed at an agreement on the protection of geographical indications in their respective territories, without prejudice to any individual requests for protection that may have been filed directly.

F. Internet use

The EC Party and the Signatory CARIFORUM States accept the need for a clear legal framework for geographical indications owners who wish to use their geographical indications on the Internet and to participate in the development of electronic commerce which includes provisions addressing whether the use of a sign on the Internet has contributed to the usurpation, evocation, acquisition in bad faith or infringement of a geographical indication or whether such use constitutes an act of unfair competition, and a determination of the remedies, including the eventual transfer or cancellation of the domain name. In this respect, the EC Party and the Signatory CARIFORUM States shall endeavour to apply the Joint Recommendation concerning the protection of marks, and other industrial property rights in signs, on the Internet, as adopted by WIPO at the Thirty-Sixth Series of Meetings of the Assemblies of the Member States of WIPO, 24 September to 3 October 2001.

Article 146. Industrial Designs

A. International agreements
The EC Party and the Signatory CARIFORUM States shall endeavour to accede to the Hague Agreement for the International Registration of Industrial Designs (1999).

B. Requirements for protection
1. The EC Party and the Signatory CARIFORUM States shall provide for the protection of independently created industrial designs that are new or original, and that have individual character.
2. A design shall be considered to be new if no identical design has been made available to the public.
3. A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public.
4. This protection shall be provided by registration, and shall confer exclusive rights upon their holders in accordance with the provisions of this Article. Unregistered designs shall confer the same exclusive rights, but only if the contested use results from copying the protected design. Unregistered designs and textile designs may be protected by a design right or copyright.

C. Exceptions
1. The EC Party and the Signatory CARIFORUM States may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial 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. Design protection shall not extend to designs dictated essentially by technical or functional considerations. 3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

D. Rights conferred
1. The owner of a protected industrial design shall have the right to prevent third parties not having the owner's consent from making, offering, selling, importing, stocking or using articles bearing, or embodying the protected design when such acts are undertaken for commercial purposes, or unduly prejudice the normal exploitation of the design or are not compatible with fair trade practice.
2. For unregistered designs, the contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation from a designer who may be reasonably thought not to be familiar with the design made available to the public by the holder.

E. Term of protection
1. The initial duration of protection available in the EC Party and the Signatory CARIFORUM States following registration shall amount to at least five years. At the request of the right holder, registration shall be renewed for one or more periods of five years each, but not exceeding 25 years from the date of filing, provided that the renewal fee has been paid.
2. The duration of protection available in the EC Party and the Signatory CARIFORUM States for unregistered designs shall amount to at least three years as from the date on which the design was made available to the public in the respective territory.

F. Relationship to copyright
A design protected by a design right registered in one of the Parties or a Signatory CARIFORUM State in accordance with this Article shall also be eligible for protection under the law of copyright of that Party or Signatory CARIFORUM State as from the date on which the design was created or fixed in any form.

Article 147. Patents

A. International agreements
1. The EC Party shall comply with:
(a) The Patent Cooperation Treaty (Washington, 1970, last modified in 1984);
(b) The Patent Law Treaty (Geneva, 2000);
(c) The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980).

2. The Signatory CARIFORUM States shall accede to:
(a) The Patent Cooperation Treaty (Washington, 1970, last modified in 1984);
(b) The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980).

3. The Signatory CARIFORUM States shall endeavour to accede to the Patent Law Treaty (Geneva, 2000). B. Patents and public health

Article 148. Utility Models

A. Requirements for protection
1. The EC Party and the Signatory CARIFORUM States may provide protection for any products or processes in any fields of technology, provided they are new, involve some degree of non-obviousness and are capable of industrial application.
2. The EC Party and the Signatory CARIFORUM States may exclude from protection all those products and processes the prevention within their territory of the commercial exploitation of which is necessary to protect public order or morality, human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
3. The EC Party and the Signatory CARIFORUM States may also exclude from protection:
(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
(b) subject to Article 150, plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.
4. The provisions of this Article shall be without prejudice to existing legislation in the EC Party or the Signatory CARIFORUM States.

B. Term of protection
The term of protection available shall not end before five years, nor exceed ten years, counted from the filing date, or where priority is claimed, from the priority date.

C. Relationship to patents
1. All other conditions and flexibilities provided for patents in Section 5 of the TRIPS Agreement shall apply mutatis mutandis to Utility Models, in particular any that might be required to ensure public health.
2. An application for the grant of a patent may be converted into an application for utility model protection provided the request for conversion is made before the patent has been granted.

Article 149. Plant Varieties

1. The EC Party and the Signatory CARIFORUM States shall have the right to provide for exceptions to exclusive rights granted to plant breeders to allow farmers to save, use and exchange protected farm-saved seed or propagating material.
2. The EC Party and the Signatory CARIFORUM States shall provide for the protection of plant varieties in accordance with the TRIPS Agreement. In this respect, they shall consider acceding to the International Convention for the Protection of New Varieties of Plants — UPOV (Act of 1991).

Article 150. Genetic Resources, Traditional Knowledge and Folklore

1. Subject to their domestic legislation the EC Party and the Signatory CARIFORUM States respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices.
2. The EC Party and the Signatory CARIFORUM States recognise the importance of taking appropriate measures, subject to national legislation, to preserve traditional knowledge and agree to continue working towards the development of internationally agreed sui generis models for the legal protection of traditional knowledge.
3. The EC Party and the Signatory CARIFORUM States agree that the patent provisions of this subsection and the Convention on Biological Diversity shall be implemented in a mutually supportive way.
4. The EC Party and the Signatory CARIFORUM States may require as part of the administrative requirements for a patent application concerning an invention which uses biological material as a necessary aspect of the invention, that the applicant identifies the sources of the biological material used by the applicant and described as part of the invention.
5. The EC Party and the Signatory CARIFORUM States agree to regularly exchange views and information on relevant multilateral discussions:
(a) In WIPO, on the issues dealt with in the framework of the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore; and,
(b) In the WTO, on the issues related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore.
6. Following the conclusion of the relevant multilateral discussions referred to in paragraph 5, the EC Party and the Signatory CARIFORUM States, at the request of the EC Party or a Signatory CARIFORUM State, agree to review this Article within the Joint CARIFORUM-EC Council in the light of the results of such multilateral discussions. 

Enforcement of Intellectual Property Rights

Article 151. General Obligations

1. Without prejudice to their rights and obligations under the TRIPS Agreement, and in particular of its Part III, the EC Party and the Signatory CARIFORUM States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Section. 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. Those measures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Article 152. Entitled Applicants

The EC Party and the Signatory CARIFORUM States 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 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;
(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.

Article 153. Evidence

The EC Party and the Signatory CARIFORUM States shall take such measures as are necessary, in the case of an infringement of an intellectual property right committed on a commercial scale, to enable the competent judicial authorities to order, where appropriate and following an application, the communication of banking, financial or commercial documents under the control of the opposing entity, subject to the protection of confidential information.

Article 154. Measures for Preserving Evidence

The EC Party and the Signatory CARIFORUM States shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by an entity who has presented reasonably available evidence to support his 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. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto.

Article 155. Right of Information

1. The EC Party and the Signatory CARIFORUM States shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order that information on the origin and distribution networks of the goods or services which infringe an intellectual property right be provided by the infringer and/or any other person who:
(a) was found in possession of the infringing goods on a commercial scale;
(b) was found to be using the infringing services on a commercial scale;
(c) was found to be providing on a commercial scale services used in infringing activities; or
(d) was indicated by the person referred to in subparagraph (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.
2. The information referred to in paragraph 1 shall, as appropriate, comprise:
(a) the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;
(b) information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.
3. Paragraphs 1 and 2 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 to his own participation or that of his close relatives in an infringement of an intellectual property right; or
(e) govern the protection of confidentiality of information sources or the processing of personal data.

Article 156. Provisional and Precautionary Measures

1. The EC Party and the Signatory CARIFORUM States shall ensure that the judicial authorities may, at the request of the applicant issue an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by national 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 where an infringement is determined. 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 the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within channels of commerce.
3. In the case of an infringement committed on a commercial scale, the EC Party and the Signatory CARIFORUM States shall ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his/her bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

Article 157. Corrective Measures

1. The EC Party and the Signatory CARIFORUM States shall ensure that the competent judicial authorities may order, at the request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the recall, definitive removal from channels of commerce or destruction of goods that they have found to be infringing an intellectual property right.
2. The EC Party and the Signatory CARIFORUM States shall ensure that those measures are carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

Article 158. Injunctions