Annexes to COM(2007)351 - Signing and conclusion of the Interim Agreement on trade and trade-related matters between the EC and Montenegro

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dossier COM(2007)351 - Signing and conclusion of the Interim Agreement on trade and trade-related matters between the EC and Montenegro.
document COM(2007)351 EN
date October 15, 2007
Agreement, intellectual and industrial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, the rights relating to databases, patents including supplementary protection certificates, industrial designs, trademarks and service marks, topographies of integrated circuits, geographical indications, including appellation of origins, and plant variety rights.

The protection of commercial property rights includes in particular the protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property and the protection of undisclosed information as referred to in Article 39 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement).

The Parties further agree that the level of protection referred to in Article 40, paragraph 3 of this Agreement (SAA Article 75 paragraph 3), shall include the availability of the measures, procedures and remedies provided for in Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (1).

Declaration by the Community

Considering that exceptional trade measures are granted by the Community to countries participating or linked to the EU Stabilisation and Association process including Montenegro on the basis of Regulation (EC) No 2007/2000, the Community declares:

—that, in application of Article 20 of this Agreement (SAA Article 35), those of the unilateral autonomous trade measures which are more favourable shall apply in addition to the contractual trade concessions offered by the Community in this Agreement as long as Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (2) applies;

—that, in particular, for the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the reduction shall apply also to the specific customs duty in derogation from the relevant provision of Article 11 paragraph 2 of this Agreement (SAA Article 26 paragraph 2).


(1) OJ L 157, 30.4.2004, p. 45. Corrected version in OJ L 195, 2.6.2004, p. 16.

(2) OJ L 240, 23.9.2000, p. 1. Regulation as last amended by Council Regulation (EC) No 530/2007 (OJ L 125, 15.5.2007, p. 1).