4.2.2016
EN
Official Journal of the European Union
L 29/39
2.
Design protection shall neither extend to features of appearance dictated solely by technical functions of the
product nor to features of appearance of a product that are necessary to ensure interoperability with another product (1).
3.
A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.
Article 90
Relationship to copyright
A design protected by a design right registered in a Party shall also be eligible for protection under the copyright law of
that Party as from the date on which the design was created or fixed in any form. The extent to which, and the
conditions under which, such a protection is conferred, including the level of originality required, shall be determined by
each Party.
PATENTS
Article 91
International agreements
Each Party shall make all reasonable efforts to comply with Articles 1 to 16 of the Patent Law Treaty.
Article 92
Patents and public health
1.
The Parties recognise the importance of the Declaration of the Ministerial Conference of the WTO on the TRIPS
Agreement and Public Health, adopted on 14 November 2001. In interpreting and implementing the rights and
obligations under this Chapter, each Party shall ensure consistency with that Declaration.
2.
Each Party shall respect the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the
Declaration referred to in paragraph 1.
Article 93
Supplementary protection certificates
1.
The Parties recognise that medicinal and plant protection products protected by a patent on their respective
territory may be subject to an administrative authorisation procedure before being put on the market. They recognise
that the period that elapses between the filing of the application for a patent and the first authorisation to place the
product on the market, as defined for that purpose by the relevant domestic law, may shorten the period of effective
protection under the patent.
2.
Each Party shall provide for a further period of protection for a medicinal or plant protection product which is
protected by a patent and which has been subject to an administrative authorisation procedure, that period being equal
to the period referred to in the second sentence of paragraph 1, reduced by a period of five years.
3.
Notwithstanding paragraph 2, the duration of the further period of protection may not exceed five years.
(1) In the European Union this provision does not apply to modular products.
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