RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/263
14 May 2001
(01-2461)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Switzerland
By means of a communication from the Permanent Delegation of Switzerland, dated
7 May 2001, the Secretariat has received a copy of the following questions that Switzerland hascommunicated to Albania, Antigua and Barbuda , Argentina, Bahrain, Botswana, Costa Rica,
Côte d'Ivoire, Croatia, Dominica, Dominican Re public, Egypt, Fiji, Georgia, Ghana, Honduras,
Jamaica, Kenya, Mauritius, Morocco, Nicaragua, Oman, the Philippines, Saint Kitts and Nevis and
the United Arab Emirates, respectively.
_______________
ALBANIA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingIP/C/W/263
Page 2
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
ANTIGUA AND BARBUDA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 3
ARGENTINA
A. GEOGRAPHICAL INDICATIONS
1. Are the provisions of the TRIPS Agreement directly applicable in your legal system?
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions? If so, please explain in detail what ki nd of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.  In particular, is patent protection granted to all pharmaceutical
products?
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Please explain how Article 28.2 of the TRIPS Agreement is incorporated in your legal
system.
5. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
6. Please explain how the principle of the revers al of burden of proof in a process patent
litigation, as required by Article 34 of the TRIPS Agreement, is implemented in your legislation.
Article 88 of Argentinian Law No. 24.481 on Patent and Utility Models sets 1 January 2000 as the
date before which a product cannot be considered as new.  Please explain how this provision is
compatible with Article 70.2 of the TRIPS Agreement.
7. Please explain whether parallel imports of patent ed products are permitted by your legislation.
C. PROTECTION OF UNDISCLOSED INFORMATION
8. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product. Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply? Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
9. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
10. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
11. How does your law comply with the requirement of "prompt and effective provisional
measures" set in Article 50 of the TRIPS Agreement, in particular for patents?  Please cite the relevantlaws and provisions.IP/C/W/263
Page 4
E. PROTECTION OF EXISTING SUBJECT -MATTER
12. Please explain how Article 70.7 of the TRIPS Ag reement is implemented in your legislation.
What is considered to be "new matter" in your law?
BAHRAIN
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions? If so, please explain in detail what ki nd of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 5
BOTSWANA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
COSTA RICA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions? If so, please explain in detail what ki nd of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.IP/C/W/263
Page 6
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
CÔTE D'IVOIRE
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.IP/C/W/263
Page 7
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
CROATIA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Art. 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?IP/C/W/263
Page 8
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
DOMINICA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 9
DOMINICAN REPUBLIC
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
EGYPT
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist and how they comply withIP/C/W/263
Page 10
Article 27 of the TRIPS Agreement.  In the field of pharmaceutical products are new applications of
known substances patentable in your law?
3. Please indicate whether micro-organisms are patent able in your legislation.  Please explain in
this respect the relevant sections of your legislation.
4. Please explain whether or not your legislation provides the possibility of granting of
compulsory licenses.  If so, please explain in detail the conditions under which a compulsory license
may be granted.
5. Please explain how in your legislation the notion of "anti-competitive practice" is defined, as
referred to in Article 31 of the TRIPS Agreement.  Are there any judicial or administrative decisions
referring to the interpretation of this expression?  If so, please indicate these decisions and commentthem briefly.
6. Please explain whether your legislation provides for judicial review or other independent
review of the legal validity of any decision by administrative authorities relating to the authorisation
of use as mentioned in Article 31 of the TRIPS Agreement.
7. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
8. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation? Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
9. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
10. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
11. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
FIJI
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.IP/C/W/263
Page 11
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
GEORGIA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.IP/C/W/263
Page 12
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
GHANA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, underIP/C/W/263
Page 13
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
HONDURAS
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 14
JAMAICA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
KENYA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.IP/C/W/263
Page 15
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation ofa pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
MAURITIUS
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.IP/C/W/263
Page 16
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
MOROCCO
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?IP/C/W/263
Page 17
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents toinfringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
NICARAGUA
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions? If so, please explain in detail what ki nd of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other datasubmitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 18
OMAN
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
THE PHILIPPINES
A. TRADEMARKS
1. Please indicate whether your legislation establishes specific rules concerning the size of a
trademark to be used on a pharmaceutical product.  If so, please explain how this is compatible with
Article 20 of the TRIPS Agreement.
B. GEOGRAPHICAL INDICATIONS
2. Please explain in detail how your legislation provides protection for geographical indications.IP/C/W/263
Page 19
C. PATENTS
3. Does your legislation grant patent protection to all categories of products or are there anyexceptions?  If so, please explain in detail what kind of exceptions exist and how they comply with
Article 27 of the TRIPS Agreement.  In the field of pharmaceutical products are new applications of
known substances patentable in your law?
4. Please indicate whether micro-organisms are patent able in your legislation.  Please explain in
this respect the relevant sections of your legislation.
5. Please explain whether or not your legislation provides the possibility of granting of
compulsory licenses. If so, please explain in detail the conditions under which a compulsory license
may be granted.
6. Please explain how in your legislation the notion of "anti-competitive practice" is defined, as
referred to in Article 31 of TRIPS Agreement.  Are there any judicial or administrative decisions
referring to the interpretation of this expression?  If so, please indicate these decisions and comment
them briefly.
7. Please explain whether your legislation provides for judicial review or other independent
review of the legal validity of any decision by administrative authorities relating to the authorisation
of use as mentioned in Article 31 of the TRIPS Agreement.
8. Does your legislation, in accordance with Artic le 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
9. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
D. PROTECTION OF UNDISCLOSED INFORMATION
10. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
E. ENFORCEMENT
11. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
12. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/263
Page 20
SAINT KITTS AND NEVIS
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist  and how they comply with
Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
UNITED ARAB EMIRATES
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there any
exceptions?  If so, please explain in detail what kind of exceptions exist and how they comply withIP/C/W/263
Page 21
Article 27 of the TRIPS Agreement.  In the field of pharmaceutical products are new applications of
known substances patentable in your law?
3. Please indicate whether micro-organisms are patent able in your legislation.  Please explain in
this respect the relevant sections of your legislation.
4. Please explain whether or not your legislation provides the possibility of granting of
compulsory licenses.  If so, please explain in detail the conditions under which a compulsory license
may be granted.
5. Please explain how in your legislation the noti on of “anti-competitive practice” is defined, as
referred to in Article 31 of the TRIPS Agreement.  Are there any judicial or administrative decisions
referring to the interpretation of this expression?  If so, please indicate these decisions and commentthem briefly.
6. Please explain whether your legislation provides for judicial review or other independent
review of the legal validity of any decision by administrative authorities relating to the authorisation
of use as mentioned in Article 31 of the TRIPS Agreement.
7. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
8. What term of protection does your legislation provide for patents?  Does that term apply to all
products and processes?
9. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
10. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market authorisation of
a pharmaceutical or of an agricultural chemical pr oduct is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for his own product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
11. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
12. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
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