RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/268
31 May 2001
(01-2714)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the United States
By means of a communication from the Permanent Mission of the United States, dated
18 May 2001, the Secretariat has received copies of the following questions that the United States hascommunicated to Antigua and Barbuda, Argentina, Bahrain, Botswana, Costa Rica, Côte d'Ivoire,
Dominica, Egypt, Fiji, Georgia, Ghana, Honduras, Jamaica, Kenya, Mauritius, Morocco, Nicaragua, the
Philippines, Saint Kitts and Nevis and the United Arab Emirates, respectively.
_______________
ANTIGUA AND BARBUDA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the
TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most
favoured nation treatment are provided  to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain in detail how the copyright law of  Antigua and Barbuda complies with Article 9 of
the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne
Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the
latter Article under the TRIPS Agreement.
3. Please explain how the copyright law of Antigu a and Barbuda  protects computer programs as
literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Antigua and Barbuda.
5. Please state the length and terms of protection the copyright law of Antigua and Barbuda provides
for a work other than a photographic work or a work of applied art and cite to the relevant provision of
law.
6. Please describe the protection the copyright law of Antigua and Barbuda provides for performers,
and the term of the protection.IP/C/W/268
Page 2
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Antigua and
Barbuda implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please confirm that, under the trademark law of An tigua and Barbuda, any sign or combination of
signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings
is capable of constituting a trademark, as required by Article 15.1 of the TRIPS Agreement and cite the
relevant provisions of law or regulations.
9. Please describe the procedure followed to register a trademark in Antigua and Barbuda, citing the
relevant provisions of law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection that the trademark law of Antigua and Barbuda
provides for a trademark.
11. Please explain whether a well-known service mark is granted the same level of protection as well-
known trademark under Article 6bis of the Paris Convention, as required under Article 16.2 of the TRIPS
Agreement.  Please cite any relevant laws, regulations or judicial decisions.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Antigua and Barbuda provide for the recognition and
protection of geographical indications as required by  Article 22.2 of the TRIPS Agreement, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications so protected.
13. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
14. Please explain whether preexisting trademarks ar e protected against usurpation by geographical
indications, as required under Article 24.5 of the TRIPS Agreement.  Please cite any relevant laws or
regulations.
E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial designs,
citing to the provisions of the law of Antigua and Barbuda, and describe the nature of the protection
provided.
16. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
17. Please describe in detail the way in which the patent law of Antigua and Barbuda implementsArticle 27 of the TRIPS Agreement, indicating any except ions to patentability provided for, and includingIP/C/W/268
Page 3
details regarding the protection for micro-organism s and non-biological and microbiological processes
and plant varieties.  Please cite to the relevant provisions of law.
18. Please describe in detail the rights provided patent holders under the patent law of Antigua and
Barbuda and cite to the relevant provisions of law.
19. Please describe in detail any provisions in the laws of Antigua and Barbuda permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.
20. What term of protection does the patent law of Antigua and Barbuda provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of the
law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of Antigua and Barbuda, including the term of pr otection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Antigua and Barbuda provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Antigua and Barbuda and cite to the relevant provisions of law.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Antigua and Barbuda provide foreffective action against infringement of intellectual property rights as required by Article 41.1 of theTRIPS Agreement.
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Antigua and Barbudaprovide this authorization, citing to the relevant provisions of law or regulation.
27. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Antigua and Barbuda, citing to the relevant provisions of law or regulation.
28. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Antigua and Barbuda, citing to the relevant provisions of law and regulation, and indicate anyIP/C/W/268
Page 4
condition under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Antigua and Barbuda that provide for
border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
30. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
31. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Antigua and Barbuda
are empowered to act ex officio  and, if so, please identify the intellectual property areas subject to
ex officio  action.
K. CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Antigua and Barbuda implement Article 61 of the
TRIPS Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark
counterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant provisions of
law and regulation.
33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Antigua and Barbuda that
provide for such remedies, and describe the circumstances in which those remedies would be imposed,citing to the relevant provisions of law or regulation.
35. Article 61 also indicates that Members may provid e for criminal procedures  and penaltie s in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Antigua and Barbuda that provide for such procedures and remedies, citing to the relevant provisions
of law or regulation.
L. STATISTICAL QUESTIONS
36. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
37. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.IP/C/W/268
Page 5
ARGENTINA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Argentina  protects computer programs as literary worksand complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Argentina.
4. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Argentina
implements these obligations and indicate the term of protection.
C. TRADEMARKS
5. Please describe the manner in which well-known trademarks are protected in Argentina against
unauthorized use and against so-called cybersquatting, i.e., incorporation of the trademark of another into
a domain name without the authorization of the trademar k owner.  Please cite to the relevant provisions of
law and to any related court decisions.
6. Please confirm that a pre-existing trademark is protected against usurpation by geographical
indications.  Please cite any relevant laws, regulations or judicial decisions.
D. GEOGRAPHICAL INDICATIONS
7. Please describe in detail how the laws of Argentina provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of Argentine geographical indications sorecognized and protected.
8. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of Argentine geographical indications for such products soprotected.
 E. INDUSTRIAL DESIGNS
9. Please describe the procedure that must be followed to obtain protection for textile designs inArgentina and cite to the relevant provisions of law or regulation.IP/C/W/268
Page 6
F. PATENTS
10. What term of protection does the patent law of Argentina provide for patents?  Please describeany provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
11. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of Argentina, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
12. Please describe in detail how the laws of Argentina provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
I. ENFORCEMENT
13. Please describe in detail the manner in which the laws of Argentina provide for effective actionagainst infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
14. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Argentina provide thisauthorization, citing to the relevant provisions of law or regulation.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
15. Please describe in detail the manner in which Argentina provides for border enforcement at leastfor trademark counterfeiting and copyright piracy, iden tifying the competent authority and citing to the
relevant provisions of law or regulation.
16. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
17. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Argentina are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
18. Please describe in detail how the laws of Argentina implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
19. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture andIP/C/W/268
Page 7
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Argentina that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
20. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Argentina that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
21. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
22. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
BAHRAIN
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favourednation treatment are provided to nationals of other WTO Members, citing to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Bahrain complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention(1971), except Article 6
bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Bahrain  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Bahrain.
5. Please state the length and terms of protection the copyright law of Bahrain provides for a work,
other than a photographic work or a work of applied art, and cite to the relevant provision of law.IP/C/W/268
Page 8
6. Please describe the protection the copyright law of Bahrain provides for performers, and the term
of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Bahrain
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law ofBahrain.
9. Please describe the procedure that must be followed to register a trademark in Bahrain, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
10. Please provide the length and terms of protection the trademark law of Bahrain provides for a
trademark.
11. Please describe the way in which Bahrain protects well-known trademarks and cite to the relevant
provisions of law.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Bahrain provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
13. Please describe in detail how the additional protection required for geographical indications for
wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
14. Please describe the procedure that must be followed to obtain protection for industrial designs,citing to the provisions of the law of Bahrain, and describe the nature of the protection provided.
15. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
16. Please describe in detail the way in which the patent law of Bahrain implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
17. Please describe in detail the rights provided patent holders under the patent law of Bahrain and
cite to the relevant provisions of law.IP/C/W/268
Page 9
18. Please describe in detail any provisions in the laws of Bahrain permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
19. What term of protection does the patent law of Bahrain provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of Bahrain, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Bahrain provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and cite to the relevant provisions of
law.
22. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Bahrain and cite to the relevant provisions of law.
23. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
I. ENFORCEMENT
24. Please describe in detail the manner in which the laws of Bahrain provide for effective actionagainst infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
25. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Bahrain, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Bahrain, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Bahrain that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competentIP/C/W/268
Page 10
authorities can act ex officio .  Please explain whether the competent authorities in Bahrain are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Bahrain implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Bahrain that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Bahrain that provide for such procedures and re medies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
BOTSWANA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favourednation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please provide us with a copy of Botswana’s new copyright law, the Copyright and Neighboring
Rights Act, 2000.IP/C/W/268
Page 11
3. We are under the impression that the Copyright and Neighboring Rights Act, 2000 was drafted
with the goal of bringing Botswanan law into compliance not only with TRIPS standards, but also with
the WIPO Copyright Treaty (WCT) and the WIPO Pe rformances and Phonograms Treaty (WPPT).  Can
you tell us when Botswana expects to deposit instruments of ratification for the WCT and WPPT with
WIPO?
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the Copyright and
Neighboring Rights Act, 2000.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the Copyright and Neighboring
Rights Act, 2000 implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of
Botswana.
7. Please describe the procedure that must be followed to register a trademark in Botswana, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
8. Please provide the length and terms of protecti on the trademark law of Botswana provides for a
trademark.
9. In determining whether a mark is well-known, do the relevant authorities in Botswana take into
account the knowledge of the trademark in the rele vant sector of the public, including knowledge
obtained as a result of promotion of the tradem ark, as required under Article 16.2 of the TRIPS
Agreement?  Please cite any relevant laws, regulations and judicial decisions.
D. GEOGRAPHICAL INDICATIONS
10. Please describe in detail how the laws of Botswana provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
11. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Botswana, and describe the nature of the protection provided.IP/C/W/268
Page 12
13. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
14. Please describe in detail the way in which the patent law of Botswana implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding theprotection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
15. Please describe in detail the rights provided patent holders under the patent law of Botswana and
cite to the relevant provisions of law.
16. Please describe in detail any provisions in the laws of Botswana permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
17. What term of protection does the patent law of Botswana provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
18. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Botswana, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
19. Please describe in detail how the laws of Botswana provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
20. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Botswana and cite to the relevant provisions of law.
21. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
I. ENFORCEMENT
22. Please describe in detail the manner in which the laws of Botswana provide for effective actionagainst infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
23. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Botswana provide this
authorization, citing to the relevant provisions of law or regulation.IP/C/W/268
Page 13
24. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Botswana, citing to the relevant provisions of law or regulation.
25. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Botswana, citing to the relevant provisions of law and regulation, and indicate any conditionunder which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
26. Please describe in detail the procedures under the laws of Botswana that provide for borderenforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
27. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
28. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Botswana are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
29. Please describe in detail how the laws of Botswana implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
30. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Botswana that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
31. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Botswana that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
32. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
33. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andIP/C/W/268
Page 14
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
COSTA RICA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members and cite to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Costa Rica complies with Article 9 of theTRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6
bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Costa Rica  protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement and cite to the
relevant provisions of law.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Costa Rica.
5. Please state the length and terms of protection the copyright law of Costa Rica provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.
6. Please describe the protection the copyright law of Costa Rica provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Costa Rica
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Costa Rica.
9. Please describe in detail how Costa Rica protects well-known trademarks and service marks and
cite to the relevant provisions of law.IP/C/W/268
Page 15
D. GEOGRAPHICAL INDICATIONS
10 . Please describe in detail how the laws of Costa Rica provide for the recognition and protection ofgeographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
11. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for industrial  designs,citing to the provisions of the law of Costa Rica, and describe the nature of the protection provided.
13. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
14. Please describe in detail the way in which the patent law of Costa Rica implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
15. Please describe in detail the rights provided patent holders under the patent law of Costa Rica and
cite to the relevant provisions of law.
16. Please describe in detail any provisions in the laws of Costa Rica permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such usecan occur.
17. What term of protection does the patent law of Costa Rica provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
18. Please describe in detail how Costa Rica has extended the term of protection required by
Article 33 of the TRIPS Agreement to patents that existed and  were protected in Costa Rica on 1 January,2000 and cite to the relevant provisions of law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of Costa Rica, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Costa Rica provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and cite to the relevant provisions of
law.IP/C/W/268
Page 16
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government of Costa Rica in order to
obtain marketing approval in Costa Rica, and cite to the relevant provisions of law.
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Costa Rica provide for effective actionagainst infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Costa Rica provide this
authorization, citing to the relevant provisions of law or regulation.
25. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Costa Rica, citing to the relevant provisions of law or regulation.
26. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Costa Rica, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Costa Rica that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Costa Rica are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Costa Rica implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture andIP/C/W/268
Page 17
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Costa Rica that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Costa Rica that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
COTE D'IVOIRE
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members and cite to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Cote d'Ivoire complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Cote d'Iv oire  protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Cote d'Ivoire.
5. Please state the length and terms of protection the copyright law of Cote d'Ivoire provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.IP/C/W/268
Page 18
6. Please describe the protection the copyright law of  Cote d'Ivoire provides for performers, and the
term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Cote d'Ivoire
implements these obligations and indicate the term of protection.
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of Cote
d'Ivoire.
9. Please describe the procedure that must be followed to register a trademark in Cote d'Ivoire,
citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can
exercise.
10. Please provide the length and terms of protection the trademark law of Cote d'Ivoire provides for
a trademark.
11. In determining whether a mark is well-known, do the relevant authorities in Cote d'Ivoire take
account of knowledge of the trademark in the relevant  sector of the public, including knowledge obtained
as a result of promotion of the trademark, as requir ed under Article 16.2 of the TRIPS Agreement?  Please
cite the relevant laws, regulations and judicial decisions.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Cote d'Ivoire provide for the recognition and protection
of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
13. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
14. Please explain whether preexisting trademarks ar e protected against usurpation by geographical
indications, as required under Article 24 of the TRIPS Agreement.  Please cite any relevant laws,
regulations or judicial decisions.
E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial designs,
citing to the provisions of the law of Cote d'Ivoire, and describe the nature of the protection provided.
16. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.IP/C/W/268
Page 19
F. PATENTS
17. Please describe in detail the way in which the patent law of Cote d'Ivoire implements Article 27of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
18. Please describe in detail the rights provided patent holders under the patent law of Cote d'Ivoire
and cite to the relevant provisions of law.
19. Please describe in detail any provisions in the laws of Cote d'Ivoire permitting unauthorized use
of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such
use can occur.
20. What term of protection does the patent law of Cote d'Ivoire provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Cote d'Ivoire, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Cote d'Ivoire provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Cote d'Ivoire and cite to the relevant provisions of law.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Cote d'Ivoire provide for effective
action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Cote d'Ivoire provide
this authorization, citing to the relevant provisions of law or regulation.
27. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Cote d'Ivoire, citing to the relevant provisions of law or regulation.IP/C/W/268
Page 20
28. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Cote d'Ivoire, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
29. Please explain whether the judicial authorities of Cote d'Ivoire have the authority to order the
infringer to pay the right holder's expenses, including attorney’s fees, as required by Article 45 of the
TRIPS Agreement.  Please cite any relevant laws, regulations or judicial decisions.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
30. Please describe in detail the procedures under the laws of Cote d'Ivoire that provide for borderenforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
31. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
32. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Cote d'Ivoire are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
33. Please describe in detail how the laws of Cote d'Ivoire implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeitingand copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
34. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Cote d'Ivoire that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
35. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Cote d'Ivoire that provide for such procedures a nd remedies, citing to the relevant provisions of law or
regulation.
DOMINICA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favouredIP/C/W/268
Page 21
nation treatment are provided to nationals of other WTO Members and cite to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Dominica  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Dominica.
4. Please state the length and terms of protection the copyright law of Dominica provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.
5. Please describe the protection the copyright law of Dominica provides for performers, and the
term of the protection.
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to thepublic of originals or copies of their phonograms.  Please describe how the copyright law of Dominica
implements these obligations and indicate the term of protection.
C. TRADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark law of
Dominica.
8. Please describe the procedure that must be followed to register a trademark in Dominica, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
9. Please provide the length and terms of protecti on the trademark law of Dominica provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
10 . Please describe in detail how the laws of Dominica provide for the recognition and protection ofgeographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
11. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
 E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.IP/C/W/268
Page 22
F. PATENTS
13. Please describe in detail the way in which the patent law of Dominica implements Article 27 ofthe TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
14. Please describe in detail the rights provided patent holders under the patent law of Dominica and
cite to the relevant provisions of law.
15. Please describe in detail any provisions in the laws of Dominica permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
16. What term of protection does the patent law of Dominica provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Dominica, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
18. Please describe in detail how the laws of Dominica provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
19. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Dominica and cite to the relevant provisions of law.
20. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
21. Please describe in detail the manner in which the laws of Dominica provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
22. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Dominica, citing to the relevant provisions of law or regulation.
23. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Dominica, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.IP/C/W/268
Page 23
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of Dominica that provide for borderenforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
25. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Dominica are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
27. Please describe in detail how the laws of Dominica implement Article 61 of the TRIPSAgreement that requires Members to have criminal procedures and penalties, including imprisonmentand/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
28. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Dominica that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
L. STATISTICAL QUESTIONS
29. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
30. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
EGYPT
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favouredIP/C/W/268
Page 24
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the present copyright law of Egypt complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the present copyright law of Egypt  protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. The Shura Council is presently considering a new draft copyright law for Egypt ("Shura Council
draft").  It appears that the most recent version of that draft does not include a definition of "compilation"
works compatible with the requirements of Article 10.2 of the TRIPS Agreement.  Can you explain how
the new law will ensure that copyright protection extends to collections of works or compilations of data,
whether in machine readable or other form, which, by reason of the selection or arrangement of theircontents, constitute intellectual creations, that is, are original works?
5. Article 10.1 of the TRIPS Agreement requires that computer programs be protected as literary
works, "whether in source or object code."  It a ppears that the Shura Council draft includes "computer"
programs in its Article 139 list of works to be protected by copyright law, but does not specify "whether
in source or object code"?  Please explain how parties can be sure that computer programs will be
protected under the new law, regardless of their mode or form of expression, unless this is clearly statedin Article 139?
6. Article 11 of the TRIPS Agreement requires that a rental right for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the present copyright
law of Egypt as well as the Shura Council draft.
7. Please state the length and terms of protection the present copyright law of Egypt provides  for a
work other than a photographic work or a work of ap plied art and cite to the relevant provision of law.
Please state the corresponding terms of protection (and legal provisions) in the Shura Council draft .
8. Please describe the protection Egypt provides for performers, and the term of the protection under
the present copyright law of Egypt as well as the Shura Council draft.
9. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how Egypt fulfils these obligations
under the present copyright law and how these obligations would be implemented under the Shura
Council draft.
10. It appears that Articles 148, 149 and 151 of the Shura Council draft impose significant restrictions
on freedom of contract in relation to the transfer of copyright rights.  Please explain how these provisions,as presently drafted, would not constitute a barrier to trade.
11. Please explain how Article 154 of the Shura Council draft would fulfil Egypt's obligations underIP/C/W/268
Page 25
Article  14.1 of the TRIPS Agreement?
12. Please explain how Article 168 of the Shura Council draft is NOT a compulsory license
incompatible with Egypt’s obligations under the TRIPS Agreement and the Berne Convention.  In
particular, please explain how Article 168 meets the requirements of the Berne Appendix for acompulsory license of copyrighted materials.
13. It appears that Article 169(Third) of the Shura Council draft could unreasonably prejudice the
legitimate interests of a copyright owner of computer software, particularly as to (Third)(6) in the present
draft not being limited to obtaining information necessary to achieve the interoperability of an
independently created program.  Please explain how this issue will be addressed to avoid this problem.
14. Please explain how the Shura Council draft satisfi es Egypt's obligations with respect to TRIPS
Articles 51-60 to provide effective border measures against infringing goods.
15. Please explain how Article 177 of the Shura Council draft fulfils Egypt's obligation to provide
that courts may act inaudita altera partes  in appropriate cases.
16. It appears that Article 178 of the Shura Council draft would provide for  government-sanctioned
sale of pirated goods.  Please explain how this would not unreasonably prejudice the legitimate interests
of a copyright owner and, thereby, vi olate Article 13 of the TRIPS Agreement.
17. Please explain how Article 179 of the Shura Council draft provides for the availability of criminal
fines "sufficient to provide a deterrent" as required by Article 61 of the TRIPS Agreement.
18. It appears that Article 187 of the Shura Council draft does not provide express "points of
attachment" for the protection of non-Egyptian copyrigh ted works.  Please explain how the Shura Council
draft provides the appropriate points of attachment to fulfil Egypt’s TRIPS obligations.
C. TRADEMARKS
19. Please describe the subject matter that can comprise a trademark under the trademark law ofEgypt.
20. Please describe the procedure that must be followed to register a trademark in Egypt, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
21. Please provide the length and terms of protection the trademark law of Egypt provides for a
trademark.
22. Please explain whether the owner of a registered trademark has the right to assign his trademark
with or without the transfer of the business to which the trademark belongs, as required by Article 21 of
the TRIPS Agreement.
D. GEOGRAPHICAL INDICATIONS
23. Please describe in detail how the laws of Egypt provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.IP/C/W/268
Page 26
24. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
25. Please describe the procedure that must be followed to obtain protection for industrial  designs,
citing to the provisions of the law of Egypt, and describe the nature of the protection provided.
26. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
27. Please describe in detail the way in which the patent law of Egypt implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
28. Please describe in detail the rights provided patent holders under the patent law of Egypt and cite
to the relevant provisions of law.
29. Please describe in detail any provisions in the laws of Egypt permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such usecan occur.
30. What term of protection does the patent law of Egypt provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
31. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Egypt, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
32. Please describe in detail how the laws of Egypt provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
33. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Egypt and cite to the relevant provisions of law.
34. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.IP/C/W/268
Page 27
I. ENFORCEMENT
35. Please describe in detail the manner in which the laws of Egypt provide for effective actionagainst infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please address any time limits or delays in the enforcement procedures, as well as whether decisions on
the merits of the case are based only upon evidence in respect of which parties were offered theopportunity to be heard.
36. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Egypt provide this
authorization, citing to the relevant provisions of law or regulation.
37. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Egypt, citing to the relevant provisions of law or regulation.
38. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Egypt, citing to the relevant provisions of law and regulation, and indicate any conditionunder which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
39. Please describe in detail the procedures under the laws of Egypt that provide for borderenforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
40. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.  Please also explain whether the importer and the rightholder are promptly notified of the suspension of the release of the goods by the customs authorities.
41. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Egypt are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
42. Please describe in detail how the laws of Egypt implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
43. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Egypt that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
44. Article 61 also indicates that Members may provide for criminal procedures and penalties in casesIP/C/W/268
Page 28
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Egypt that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
45. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
46. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andthe amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
FIJI
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favourednation treatment are provided to nationals of other WTO Members and cite to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Fiji protects computer programs as literary works  and
complications of data as required by Article 10  of the TRIPS Agreement and cite to the relevant
provisions of law.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law ofFiji.
4. Please state the length and terms of protection the copyright law of Fiji provides for a work other
than a photographic work or a work of applied art and cite to the relevant provision of law.
5. Please describe the protection the copyright law of Fiji provides for performers, and the term of
the protection.
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Fiji
implements these obligations and indicate the term of protection.IP/C/W/268
Page 29
C. TRADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark law of Fiji.
8. Please describe the procedure that must be followed to register a trademark in Fiji, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
9. Please provide the length and terms of protection the trademark law of Fiji provides for a
trademark.
10. Please explain whether the laws of Fiji provide well-known servicemarks with the same
protection as well-known trademarks under Article 6bis of the Paris Convention, as required by
Article 16.2 of the TRIPS Agreement.
11. Please explain whether the relevant authorities in Fiji, in determining whether a mark is well-
known, take account of knowledge of a trademark in the relevant sector of the public, including
knowledge obtained as a result of promotion of the trademark.
12. Please explain in detail how well-known trademarks are protected in Fiji and cite to the relevant
provisions of law.
D. GEOGRAPHICAL INDICATIONS
13 . Please describe in detail how the laws of Fiji provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
14. Please describe in detail the manner in which the additional protection required for wines and
spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
 E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial designs,citing to the provisions of the law of Fiji, and describe the nature of the protection provided.
16. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
17. Please describe in detail the way in which the patent law of Fiji implements Article 27 of theTRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
18. Please describe in detail the rights provided patent holders under the patent law of Fiji and cite to
the relevant provisions of law.
19. Please describe in detail any provisions in the laws of Fiji permitting unauthorized use of a patent,IP/C/W/268
Page 30
citing to the relevant provisions of law, and describe in detail the conditions under which such use can
occur.
20. What term of protection does the patent law of Fiji provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Fiji, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Fiji provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevantprovisions of law.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Fiji and cite to the relevant provisions of law.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Fiji provide for effective action against
infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Fiji provide this
authorization, citing to the relevant provisions of law or regulation.
27. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Fiji, citing to the relevant provisions of law or regulation.
28. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Fiji, citing to the relevant provisions of law and regulation, and indicate any condition under
which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Fiji that provide for border enforcement
at least for trademark counterfeiting and copyright pi racy, identifying the competent authority and citing
to the relevant provisions of law or regulation.
30. Please indicate if border enforcement is available to owners of other forms of intellectual propertyIP/C/W/268
Page 31
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Fiji are empowered to
act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Fiji implement Article 61 of the TRIPS Agreement that
requires Members to have criminal procedures and penalties, including imprisonment and/or monetary
fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright
infringement on a commercial scale.  Please cite to the relevant provisions of law and regulation.
33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Fiji that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
L. STATISTICAL QUESTIONS
34. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
35. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andthe amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
GEORGIA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members and cite to the relevant provisions of
law.
B. COPYRIGHT AND RELATED RIGHTS
2. Article 11 of the TRIPS Agreement requires that rental rights for computer programs andcinematographic works be available.  Please confirm that individual copies of computer programs may
not be rented even after they have been sold and cite to the relevant provision of the copyright law of
Georgia or of the Civil Code.IP/C/W/268
Page 32
3. As part of the Working Party Report on the Accession of Georgia to the WTO, Georgia predicted
that the provisions on copyright contained in the Civ il Code likely would be revoked when the Civil Code
was next updated so that Georgia’s law on copyrigh t of 22 July 1999 would be the source of copyright
protection in Georgia.  Please advise of any concrete plans to do this or estimate when this might be done.
C. TRADEMARKS
4. In determining whether a trademark is well-known in Georgia, what factors are considered.
Please cite to any relevant regulations or court decisions reflecting these factors.
D. GEOGRAPHICAL INDICATIONS
5. Please describe in detail how the new law "On the Protection of Appellations of Origin and
Geographical Indications" of June 22, 1999, provides for the recognition and protection of geographical
indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions.  Pleaseprovide any examples of domestic geographical indications that have been so recognized and protected.
6. Please describe in detail the manner in which the law implements the additional protection
required for wines and spirits under Article 23.1 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
7. Please describe in detail the protection available in Georgia for textile designs, including the
procedure required to obtain such protection and cite to the relevant provisions of law or regulation.
F. PATENTS
8. Please describe in detail the factors considered, under Georgia’s new patent law, in determiningto deny a patent because the claimed invention mi ght provoke or encourage inhumane, immoral and/or
anti-social actions.  Please specify whether this provision has ever been invoked.
9. During the Working Party process, Georgia reported that the law “On Protection of Selection
Achievements” was consistent with the obligations of the Convention for the Protection of New Plant
Varieties (UPOV).  Please explain whether Georgia has any plans to join UPOV.
10. Please provide the current annual fees that are required by Shakpatenti to maintain a patent.
Please explain in detail the process for reinstating a patent that has expired for non-payment of the annual
fees under Article 54 of the patent laws of Georgia.
 G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
11. Please describe in detail the protection for layout-designs of integrated circuits provided by the
law "On Topographies of Integrated Circuits", including the term of protection.
H. PROTECTION OF UNDISCLOSED INFORMATION
12. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Georgia and cite to the relevant provisions of law.IP/C/W/268
Page 33
13. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
14. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Georgia provide this
authorization, citing to the relevant provisions of law or regulation.
15. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Georgia, citing to the relevant provisions of law or regulation.
16. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Georgia, citing to the relevant provisions of law and regulation, and indicate any conditionunder which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
17. Please describe in detail the procedures a trademark or copyright owner would be required tofollow under the law "On Intellectual Property Related Border Measures" to obtain border enforcementagainst trademark counterfeiting and copyright piracy, respectively, identifying the competent authority
and citing to the relevant provisions of the law or regulation.
18. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectualproperty, citing the relevant provisions of law.
19. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Georgia are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
20. Please describe in detail how the Criminal Code  of Georgia implements Article 61 of the TRIPS
Agreement, which requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of the Criminal
Code.
21. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the Criminal Code that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
22. Article 61 also indicates that Members may provide for criminal procedures and penalties in casesIP/C/W/268
Page 34
of wilful infringement of other forms of intellectual property.  Please describe any provisions in the
Criminal Code that provide for such procedures and remedies, citing to the relevant provisions.
L. STATISTICAL QUESTIONS
23. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
24. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
GHANA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Ghana  protects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Ghana.
4. Please describe the protection the copyright law of Ghana provides for performers, and the term
of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Ghana
implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of
Ghana.
7. Please describe the procedure that must be followed to register a trademark in Ghana, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.IP/C/W/268
Page 35
8. Please provide the length and terms of protection the trademark law of Ghana provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
9 . Please describe in detail how the laws of Ghana provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
11. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
12. Please describe in detail the way in which the patent law of Ghana implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
13. Please describe in detail the rights provided patent holders under the patent law of Ghana and cite
to the relevant provisions of law.
14. Please describe in detail any provisions in the laws of Ghana permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
15. What term of protection does the patent law of Ghana provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
 G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
16. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Ghana, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
17. Please describe in detail how the laws of Ghana provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
18. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in Ghana and cite to the relevant provisions of law.IP/C/W/268
Page 36
19. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
20. Please describe in detail the manner in which the laws of Ghana provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain suchevidence from the opposing party.  Please describe how the laws or regulations of Ghana provide this
authorization, citing to the relevant provisions of law or regulation.
22. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Ghana, citing to the relevant provisions of law or regulation.
23. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Ghana, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of Ghana that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
25. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Ghana are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
27. Please describe in detail how the laws of Ghana implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting andcopyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
28. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Ghana that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.IP/C/W/268
Page 37
29. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Ghana that provide for such procedures and reme dies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
30. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
31. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
HONDURAS
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Honduras  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Honduras.
4. Please describe the protection the copyright law of Honduras provides for performers, and the
term of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Hondurasimplements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law ofHonduras.IP/C/W/268
Page 38
7. Please describe the procedure that must be followed to register a trademark in Honduras, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
8. Please provide the length and terms of protection the trademark law of Honduras provides for a
trademark.
D. GEOGRAPHICAL INDICATIONS
9. Please describe in detail how the laws of Honduras provide for the recognition and protection ofgeographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
11. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
12. Please describe in detail the way in which the patent law of Honduras implements Article 27 of
the TRIPS Agreement, indicating any exceptions provided for, and including details regarding theprotection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
13. Please describe in detail the rights provided patent holders under the patent law of Honduras and
cite to the relevant provisions of law.
14. Please describe in detail any provisions in the laws of Honduras permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
15. What term of protection does the patent law of Honduras provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
 G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
16. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Honduras, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
17. Please describe in detail how the laws of Honduras provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.IP/C/W/268
Page 39
18. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Honduras and cite to the relevant provisions of law.
19. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
20. Please describe in detail the manner in which the laws of Honduras provide for effective actionagainst infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how  the laws or regulations of Honduras provide this
authorization, citing to the relevant provisions of law or regulation.
22. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Honduras, citing to the relevant provisions of law or regulation.
23. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Honduras, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of Honduras that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
25. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Honduras are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
27. Please describe in detail how the laws of Honduras implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
28. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture andIP/C/W/268
Page 40
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Honduras that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
29. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Honduras that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
30. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
31. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
JAMAICA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Jamaica  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Jamaica.
4. Please describe the protection the copyright law of Jamaica provides for performers, and the term
of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Jamaicaimplements these obligations and indicate the term of protection.IP/C/W/268
Page 41
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law ofJamaica.
7. Please describe the procedure that must be followed to register a trademark in Jamaica, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
8. Please provide the length and terms of protection the trademark law of Jamaica provides for a
trademark.  
9. Please explain whether well-known service mark s are given the same protection as well-known
trademarks under Article 6bis of the Paris Convention, as required by Article 16.2 of the TRIPSAgreement.
D. GEOGRAPHICAL INDICATIONS
10. Please describe in detail how the laws of Jamaica provide for the recognition and protection ofgeographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
11. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
12. Are preexisting trademarks protected, under Jamaican law, against usurpation by geographical
indications?
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
14. Please describe in detail the way in which the patent law of Jamaica implements Article 27 of the
TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
15. Please describe in detail the rights provided patent holders under the patent law of Jamaica and
cite to the relevant provisions of law.
16. Please describe in detail any provisions in the laws of Jamaica permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
17. What term of protection does the patent law of Jamaica provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.IP/C/W/268
Page 42
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
18. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of Jamaica, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
19. Please describe in detail how the laws of Jamaica provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
20. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Jamaica and cite to the relevant provisions of law.
21. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
22. Please describe in detail the manner in which the laws of Jamaica provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
23. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Jamaica provide this
authorization, citing to the relevant provisions of law or regulation.
24. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Jamaica, citing to the relevant provisions of law or regulation.
25. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Jamaica, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
26. Please describe in detail the procedures under the laws of Jamaica that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
27. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
28. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Jamaica are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.IP/C/W/268
Page 43
K. CRIMINAL PROCEDURES
29. Please describe in detail how the laws of Jamaica implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting andcopyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
30. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Jamaica that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
31. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Jamaica that provide for such procedures and remedies, citing to the relevant provisions of law orregulation.
L. STATISTICAL QUESTIONS
32. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
33. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, andthe amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
KENYA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Kenya  protects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Kenya.IP/C/W/268
Page 44
4. Please describe the protection the copyright law of Kenya provides for performers, and the term
of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Kenya
implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of
Kenya.
7. Please provide the length and terms of protection the trademark law of Kenya provides for a
trademark.
8. Please describe in detail how well-known marks are protected under the laws of Kenya.
D. GEOGRAPHICAL INDICATIONS
9. Please describe in detail how the laws of Kenya provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
11. Please explain whether pre-existing trademarks are protected against usurpation by geographical
indications.
E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for textile designs andcite to the relevant provisions of law or regulation.
F. PATENTS
13. Please describe in detail the way in which the patent law of Kenya implements Article 27 of theTRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection
for micro-organisms and non-biological and microbiologi cal processes and plant varieties.  Please cite to
the relevant provisions of the law.
14. Please describe in detail the rights provided patent holders under the patent law of Kenya and cite
to the relevant provisions of law.
15. Please describe in detail any provisions in the laws of Kenya permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such useIP/C/W/268
Page 45
can occur.
16. What term of protection does the patent law of Kenya provide for patents?  Please describe any
provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
17. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Kenya, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
18. Please describe in detail how the laws of Kenya provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
19. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Kenya and cite to the relevant provisions of law.
20. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
21. Please describe in detail the manner in which the laws of Kenya provide for effective action
against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please also explain any delays that may be associated with the enforcement of intellectual property rights.
22. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production ofevidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Kenya provide this
authorization, citing to the relevant provisions of law or regulation.
23. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Kenya, citing to the relevant provisions of law or regulation.
24. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Kenya, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
25. Please describe in detail the procedures under the laws of Kenya that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
26. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectualIP/C/W/268
Page 46
property, citing the relevant provisions of law.
27. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Kenya are empowered
to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio  action.
K. CRIMINAL PROCEDURES
28. Please describe in detail how the laws of Kenya implement Article 61 of the TRIPS Agreement
that requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
29. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Kenya that provide for such
remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
30. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Kenya that provide for such procedures and reme dies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
31. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
32. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
MAURITIUS
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Mauritius  protects computer programs as literary worksIP/C/W/268
Page 47
and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Mauritius.
4. Please describe the protection the copyright law of Mauritius provides for performers, and the
term of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to thepublic of originals or copies of their phonograms.  Please describe how the copyright law of Mauritius
implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of
Mauritius.
7. Please provide the length and terms of protection the trademark law of Mauritius provides for a
trademark.
8. Please explain whether the relevant authorities in Mauritius take account of the knowledge of the
trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of
the trademark, in determining whether a mark is well-known, as required under Article 16.2 of the TRIPS
Agreement.
D. GEOGRAPHICAL INDICATIONS
9. Please describe in detail how the laws of Mauritius provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions oflaw or regulation, and provide examples of geographical indications for such products.
11. Please explain whether pre-existing trademarks are protected, under the laws of Mauritius, against
usurpation by geographical indications, as required by Article 24 of the TRIPS Agreement.
E. INDUSTRIAL DESIGNS
12. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
13. Please describe in detail the way in which the patent law of Mauritius implements Article 27 ofthe TRIPS Agreement, indicating any exceptions provided for, and including details regarding theIP/C/W/268
Page 48
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
14. Please describe in detail the rights provided patent holders under the patent law of Mauritius and
cite to the relevant provisions of law.
15. Please describe in detail any provisions in the laws of Mauritius permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
16. What term of protection does the patent law of Mauritius provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
Please also describe any factors that the Governor-General would consider in deciding whether to extenda patent’s term for another 14 years.
17. Please explain the meaning of the terms “partly printed” and “partly written”, under Article 25 of
the Mauritius Patent Act.  Would a written description of only a portion of a claimed invention be
sufficient to defeat its novelty?
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
18. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Mauritius, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
19. Please describe in detail how the laws of Mauritius provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
20. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Mauritius and cite to the relevant provisions of law.
21. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
22. Please describe in detail the manner in which the laws of Mauritius provide for effective action
against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please also address how decisions on the merits of a case are consistent with the requirements ofArticle 41 of the TRIPS Agreement, under the laws of Mauritius.
23. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Mauritius provide thisauthorization, citing to the relevant provisions of law or regulation.IP/C/W/268
Page 49
24. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Mauritius, citing to the relevant provisions of law or regulation.
25. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Mauritius, citing to the relevant provisions of law and regulation, and indicate any conditionunder which a right holder may avail itself of those procedures and remedies.
26. Please explain whether, under the laws of Mauritius, materials used in the creation of infringing
goods can be ordered to be disposed of outside of the channels of commerce, without compensation of
any sort.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Mauritius that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
28. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
29. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Mauritius are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Mauritius implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
31. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of Mauritius that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
36. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Mauritius that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
37. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringingIP/C/W/268
Page 50
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
38. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
MOROCCO
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Morocco  protects computer programs as literary worksand complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Morocco.
4. Please describe the protection the copyright law of Morocco provides for performers, and the
term of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Morocco
implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of
Morocco.
7. Please describe the procedure that must be followed to register a trademark in Morocco, citing the
relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
8. Please provide the length and terms of protection the trademark law of Morocco provides for a
trademark.
9. Please explain whether trademarks are published either before or promptly after registration in
Morocco, as required by Article 15.5 of the TRIPS Agreement.
10. Please explain whether the trademark law of Morocco provides an opportunity for the registrationIP/C/W/268
Page 51
of a trademark to be opposed.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Morocco provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevantprovisions of law or regulation, and provide examples of geographical indications so protected.
12. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
14. Please explain how Moroccan law or procedures provide an opportunity for the judicial review of
any decision to revoke or forfeit a patent, as required by Article 32 of the TRIPS Agreement.
15. Please explain how the Moroccan patent law provides for reversal of the burden of proof, as
required by Article 34 of the TRIPS Agreement,  if:  (a) the product obtained by the patented process is
new; or (b) there is a substantial likelihood that the identical product was made by the process and theowner of the patent has been unable through reasonable efforts to determine the process actually used.
16. Articles 60-66 of Morocco’s patent law are dire cted toward “compulsory licensing”.  Article 31
establishes a number of specific conditions for granting of compulsory licenses.  Please describe in detail
how each of the safeguards enumerated in Article 31 of the TRIPS Agreement is met in granting anycompulsory license.
17. The patent law excludes new varieties of plants from patent protection and states that such
varieties are governed by law 9.94.  Please describe in detail the provisions of law 9.94, and any other
laws and regulations regarding plant variety protection in Morocco.
18. Please explain in detail how the exclusions set forth in Article 23 of the Moroccan patent law are
consistent with the full scope of patentability that is required under Artilce 27 of the TRIPS Agreement.
19. Please explain what is meant the exceptions provided under Article 37 of the Moroccan patent
law for items contrary to public order, unfair declarations related to the goods or methods of others,
elements which have no relation with the description, and “restrictions, conditions or reservations.”Please describe the factors that are considered in determining whether these conditions exist and indicate
whether there is an opportunity for the patent applicant to contest a adverse decisions under this Article.
20. Article 55 of the Moroccan patent law contains a listing of items that the "rights entitled by the
patent do not include".  This section appears to create exceptions to the exclusive rights conferred by apatent, as indicated by Article 28 of the TRIPS Agreement.  Please explain how each of these exceptions
is consistent with the TRIPS Agreement, particularly  the requirement that exceptions to the exclusive
patent rights do not unreasonably conflict with a normal exploitation of the patent and do notIP/C/W/268
Page 52
unreasonably prejudice the legitimate interests of the pa tent owner, as required by Article 30 of theTRIPS
Agreement.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Morocco, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Morocco provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Morocco and cite to the relevant provisions of law.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Morocco provide for effective action
against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please address any time limits or unwarranted delays that may be associated with the enforcement
process.
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Morocco provide this
authorization, citing to the relevant provisions of law or regulation.
27. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Morocco, citing to the relevant provisions of law or regulation.
28. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Morocco, citing to the relevant provisions of law and regulation, and indicate any condition
under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Morocco that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
30. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectualIP/C/W/268
Page 53
property, citing the relevant provisions of law.
31. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Morocco are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Morocco implement Article 61 of the TRIPS Agreementthat requires Members to have criminal procedures and penalties, including imprisonment and/or
monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and
copyright infringement on a commercial scale.  Please cite to the relevant provisions of law andregulation.
33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Morocco that provide forsuch remedies, and describe the circumstances in which those remedies would be imposed, citing to the
relevant provisions of law or regulation.
34. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the lawsof Morocco that provide for such procedures and remedies, citing to the relevant provisions of law or
regulation.
L. STATISTICAL QUESTIONS
35. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
36. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term wasactually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
NICARAGUA
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.IP/C/W/268
Page 54
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Nicaragua complies with Article 9 of theTRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention
(1971), except Article 6
bis, since Members do not have rights or obligations relating to the latter Article
under the TRIPS Agreement.
3. Please explain how the copyright law of Nicaragua  protects computer programs as literary works
and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
Nicaragua.
5. Please describe the protection the copyright law of Nicaragua provides for performers, and the
term of the protection.
6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of Nicaragua
implements these obligations and indicate the term of protection.
C. TRADEMARKS
7. Please describe the subject matter that can comprise a trademark under the trademark law of
Nicaragua.
8. Please describe the procedure that must be followed to register a trademark in Nicaragua, citing
the relevant provisions of the law, and describe the ri ghts that the owner of a registered mark can exercise.
9. Please provide the length and terms of protection the trademark law of Nicaragua provides for a
trademark.
10. Please explain whether well-known service marks are granted the same level of protection as
well-known trademarks under the laws of Nicaragua.
11. Please explain whether the relevant authorities in Nicaragua take account of the knowledge of the
trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of
the mark, in determining whether a mark is well-known, as required by Article 16.2 of the TRIPS
Agreement.
D. GEOGRAPHICAL INDICATIONS
12. Please describe in detail how the laws of Nicaragua provide for the recognition and protection of
geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant
provisions of law or regulation, and provide examples of geographical indications so protected.
13. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions ofIP/C/W/268
Page 55
law or regulation, and provide examples of geographical indications for such products.
14. Please explain whether preexisting trademarks ar e protected against usurpation by geographical
indications under the laws of Nicaragua.
E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
16. Please describe in detail the way in which the patent law of Nicaragua implements Article 27 ofthe TRIPS Agreement, indicating any exceptions provided for, and including details regarding theprotection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
17. Please describe in detail the rights provided patent holders under the patent law of Nicaragua and
cite to the relevant provisions of law.
18. Please describe in detail any provisions in the laws of Nicaragua permitting unauthorized use of a
patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use
can occur.
19. What term of protection does the patent law of Nicaragua provide for patents?  Please describe
any provisions for extension of the term of protection and cite to the relevant provisions of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
20. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of Nicaragua, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION UNDISCLOSED INFORMATION
21. Please describe in detail how the laws of Nicaragua provide for the protection of undisclosedinformation as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
22. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in Nicaragua and cite to the relevant provisions of law.
23. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
24. Please describe in detail the manner in which the laws of Nicaragua provide for effective actionIP/C/W/268
Page 56
against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
25. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Nicaragua provide thisauthorization, citing to the relevant provisions of law or regulation.
26. Please describe in detail all of the civil remedies that are available to right holders under the laws
of Nicaragua, citing to the relevant provisions of law or regulation.
27. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of Nicaragua, citing to the relevant provisions of law and regulation, and indicate any conditionunder which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
28. Please describe in detail the procedures under the laws of Nicaragua that provide for borderenforcement at least for trademark counterfeiting and copyright piracy, identifying the competentauthority and citing to the relevant provisions of law or regulation.
29. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
30. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in Nicaragua are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
31. Please describe in detail how the laws of Nicaragua implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonment
and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
32. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of Nicaragua that provide for
such remedies, and describe the circumstances in which those remedies would be imposed, citing to therelevant provisions of law or regulation.
33. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of Nicaragua that provide for such procedures and remedies, citing to the relevant provisions of law orregulation.IP/C/W/268
Page 57
L. STATISTICAL QUESTIONS
34. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
35. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal system
operates effectively to deter copyright piracy and trademark counterfeiting.
THE PHILIPPINES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of the Philippines  protects computer programs as literary
works  and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
the Philippines.
4. Please describe the protection the copyright law of the Philippines provides for performers, and
the term of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to thepublic of originals or copies of their phonograms.  Please describe how the copyright law of the
Philippines implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of the
Philippines.
7. Please describe the procedure that must be followed to register a trademark in the Philippines,
citing the relevant provisions of the law, and descri be the rights that the owner of a registered mark can
exercise.
8. Please provide the length and terms of protection the trademark law of the Philippines providesIP/C/W/268
Page 58
for a trademark.
D. GEOGRAPHICAL INDICATIONS
9 . Please describe in detail how the laws of the Philippines provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to therelevant provisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
11. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
12. Please describe in detail the way in which the patent law of the Philippines implements Article 27
of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the
protection for micro-organisms and non-biological and microbiological processes and plant varieties.
Please cite to the relevant provisions of the law.
13. Please describe in detail the rights provided patent holders under the patent law of the Philippines
and cite to the relevant provisions of law.
14. Please describe in detail any provisions in the laws of the Philippines permitting unauthorized use
of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such
use can occur.
15. What term of protection does the patent law of the Philippines provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant provisions of the
law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
16. Please describe in detail the protection for layout-designs of integrated circuits provided under thelaws of the Philippines, including the term of protection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
17. Please describe in detail how the laws of the Philippines provide for the protection of undisclosed
information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
18. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in the Philippines and cite to the relevant provisions of law.IP/C/W/268
Page 59
19. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
I. ENFORCEMENT
20. Please describe in detail the manner in which the laws of the Philippines provide for effective
action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain suchevidence from the opposing party.  Please describe how the laws or regulations of the Philippines provide
this authorization, citing to the relevant provisions of law or regulation.
22. Please describe in detail all of the civil remedies that are available to right holders under the laws
of the Philippines, citing to the relevant provisions of law or regulation.
23. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of the Philippines, citing to the relevant provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of the Philippines that provide for border
enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
25. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in the Philippines are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
27. Please describe in detail how the laws of the Philippines implement Article 61 of the TRIPSAgreement that requires Members to have criminal procedures and penalties, including imprisonmentand/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
28. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of the Philippines that provide
for such remedies, and describe the circumstances in which those remedies would be imposed, citing toIP/C/W/268
Page 60
the relevant provisions of law or regulation.
29. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of the Philippines that provide for such procedures and remedies, citing to the relevant provisions of lawor regulation.
L. STATISTICAL QUESTIONS
30. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for
2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
31. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
SAINT KITTS AND NEVIS
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of St. Ki tts and Nevis  protects computer programs as
literary works and complications of data as required by Article 10 of the TRIPS Agreement.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
St. Kitts and Nevis.
4. Please describe the protection the copyright law of St. Kitts and Nevis provides for performers,
and the term of the protection.
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires
that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of St. Kitts and
Nevis implements these obligations and indicate the term of protection.
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark law of St.IP/C/W/268
Page 61
Kitts and Nevis.
7. Please describe the procedure that must be followed to register a trademark in St. Kitts and Nevis,
citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can
exercise.
8. Please describe in detail how well-known trademarks are protected in St. Kitts and Nevis,
including what factors are considered in determining whether a trademark is well-known.
D. GEOGRAPHICAL INDICATIONS
9 . Please describe in detail how the laws of St. Kitts and Nevis provide for the recognition andprotection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to therelevant provisions of law or regulation, and provide examples of geographical indications so protected.
10. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
11. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
11. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
 G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
16. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of St. Kitts and Nevis, including the term of pr otection, and cite to the relevant provisions of law.
H. PROTECTION OF UNDISCLOSED INFORMATION
17. Please describe in detail how the laws of St. Kitts and Nevis provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
18. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtain
marketing approval in St. Kitts and Nevis and cite to the relevant provisions of law.
19. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.IP/C/W/268
Page 62
I. ENFORCEMENT
20. Please describe in detail the manner in which the laws of St. Kitts and Nevis provide for effectiveaction against infringement of intellectual property rights as required by Article 41.1 of the TRIPS
Agreement.
21. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of St. Kitts and Nevis
provide this authorization, citing to the relevant provisions of law or regulation.
22. Please describe in detail all of the civil remedies that are available to right holders under the laws
of St. Kitts and Nevis, citing to the re levant provisions of law or regulation.
23. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of St. Kitts and Nevis, citing to the releva nt provisions of law and regulation, and indicate any
condition under which a right holder may avail itself of those procedures and remedies.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
24. Please describe in detail the procedures under the laws of St. Kitts and Nevis that provide for
border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant provisions of law or regulation.
25. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
26. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in St. Kitts and Nevis are
empowered to act ex officio  and, if so, please identify the intellectual property areas subject to ex officio
action.
K. CRIMINAL PROCEDURES
27. Please describe in detail how the laws of St. Kitts and Nevis implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including imprisonmentand/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting
and copyright infringement on a commercial scale.  Please cite to the relevant provisions of law and
regulation.
28. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has been
the commission of the offence.  Please describe the provisions in the laws of St. Kitts and Nevis that
provide for such remedies, and describe the circumstances in which those remedies would be imposed,
citing to the relevant provisions of law or regulation.
29. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of St. Kitts and Nevis that provide for such procedures  and remedies, citing to the relevant provisions ofIP/C/W/268
Page 63
law or regulation.
L. STATISTICAL QUESTIONS
30. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.
31. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
UNITED ARAB EMIRATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which nation treatment and most favoured
nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of the United Arab Emirates complies with
Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to
the latter Article under the TRIPS Agreement.
3. Please explain how the copyright law of the United Arab Emirates  protects computer programs
as literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and
cinematographic works be available.  Please cite to the corresponding provision of the copyright law of
the United Arab Emirates.
5. Please state the length and terms of protection the copyright law of the United Arab Emirates
provides  for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
6. Please describe the protection the copyright law of the United Arab Emirates provides for
performers, and the term of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requiresthat producers of phonograms are to have the right to authorize or prohibit the commercial rental to the
public of originals or copies of their phonograms.  Please describe how the copyright law of the United
Arab Emirates implements these obligations and indicate the term of protection.IP/C/W/268
Page 64
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of the
United Arab Emirates.
9. Please describe the procedure that must be followed to register a trademark in the United Arab
Emirates, citing the relevant provisions of the law, and describe the rights that the owner of a registered
mark can exercise.
10. Please provide the length and terms of protection the trademark law of the United Arab Emirates
provides for a trademark.  Please explain how the length and terms of trademark protection in the United
Arab Emirates are consistent with Article 18 of the TRIPS Agreement.
11. Please explain whether the trademark law of the United Arab Emirates is consistent with
Article 20 of the TRIPS Agreement, which requires that the use of a trademark shall not be unjustifiably
encumbered by special requirements such as use with another trademark, use in a special form or use in a
manner detrimental to the trademark’s capacity to distinguish the goods or services of one undertakingfrom those of other undertakings.  Please cite any relevant laws, regulations and judicial decisions.
12. Please explain whether the law of the United Arab Emirates complies with Article 21 of the
TRIPS Agreement, which requires that the licensing of trademarks shall not be compulsory.
D. GEOGRAPHICAL INDICATIONS
13. Please describe in detail how the laws of the United Arab Emirates provide for the recognition
and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications so protected.
14. Please describe in detail the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of
law or regulation, and provide examples of geographical indications for such products.
E. INDUSTRIAL DESIGNS
15. Please describe the procedure that must be followed to obtain protection for industrial  designs,citing to the provisions of the law of the United Arab Emirates, and describe the nature of the protectionprovided.
16. Please describe the procedure that must be followed to obtain protection for textile designs and
cite to the relevant provisions of law or regulation.
F. PATENTS
17. Please describe in detail the way in which the patent law of the United Arab Emirates implementsArticle 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details
regarding the protection for micro-organisms and non-bi ological and microbiological processes and plant
varieties.  Please cite to the relevant provisions of the law.
18. Please describe in detail the rights provided patent holders under the patent law of the UnitedIP/C/W/268
Page 65
Arab Emirates and cite to the relevant provisions of law.
19. Please describe in detail any provisions in the laws of the United Arab Emirates permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions
under which such use can occur.
20. What term of protection does the patent law of the United Arab Emirates provide for patents?
Please describe any provisions for extension of the term of protection and cite to the relevant provisions
of the law.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the
laws of the United Arab Emirates, including the term of protection, and cite to the relevant provisions of
law.
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of the United Arab Emirates provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products submitted to the government in order to obtainmarketing approval in the United Arab Emirates and cite to the relevant provisions of law.
24. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliancebecomes possible.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of the United Arab Emirates provide foreffective action against infringement of intellectual property rights as required by Article 41 of the TRIPS
Agreement.  Please address the cost and any possible delays that are associated with the enforcement of
intellectual property rights in the United Arab Emirates.
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of
evidence necessary to substantiate a party’s claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of the United Arab
Emirates provide this authorization, citing to the relevant provisions of law or regulation.
27. Please describe in detail all of the civil remedies that are available to right holders under the laws
of the United Arab Emirates, citing to the relevant provisions of law or regulation.
28. Please describe in detail the provisional procedures and remedies available to right holders under
the laws of the United Arab Emirates, citing to the relevant provisions of law and regulation, and indicate
any condition under which a right holder may avail itself of those procedures and remedies.IP/C/W/268
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29. Please explain whether the judicial authorities of the United Arab Emirates have the authority to
order that goods found to be infringing, as well as the materials for making them, be disposed of outside
of outside of the channels of commerce, as required by Article 46 of the TRIPS Agreement.
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
30. Please describe in detail the procedures under th e laws of the United Arab Emirates that provide
for border enforcement at least for trademark c ounterfeiting and copyright piracy, identifying the
competent authority and citing to the relevant provisions of law or regulation.
31. Please indicate if border enforcement is available to owners of other forms of intellectual property
and, if so, please describe the procedures and remedies available in relation to each form of intellectual
property, citing the relevant provisions of law.
32. Article 58 of the TRIPS Agreement specifies pr ocedures to be followed where the competent
authorities can act ex officio .  Please explain whether the competent authorities in the United Arab
Emirates are empowered to act ex officio  and, if so, please identify the intellectual property areas subject
to ex officio  action.
K. CRIMINAL PROCEDURES
33. Please describe in detail how the laws of the United Arab Emirates implement Article 61 of the
TRIPS Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademarkcounterfeiting and copyright infringement on a commercial scale.  Please cite to the relevant provisions of
law and regulation.
34. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has beenthe commission of the offence.  Please describe the provisions in the laws of the United Arab Emirates
that provide for such remedies, and describe the circumstances in which those remedies would be
imposed, citing to the relevant provisions of law or regulation.
35. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases
of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws
of the United Arab Emirates that provide for such procedures and remedies, citing to the relevantprovisions of law or regulation.
L. STATISTICAL QUESTIONS
36. Please provide statistical information related to civil copyright, trademark, geographicalindication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for2000, including the number of cases filed;  injunctions issued;  infringing products seized;  infringing
equipment seized;  cases resolved (including settlement); and the amount of damages awarded.IP/C/W/268
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37. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and
the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was
actually served or was suspended) and any other information establishing that the criminal systemoperates effectively to deter copyright piracy and trademark counterfeiting.
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