RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/178/Add.2
27 June 2000
(00-2647)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
                  Spanish
REVIEW OF LEGISLATION
Questions Posed by the European Communities and their Member States
Addendum
By means of communications from the Permanent Delegation of the European Commission,
dated 14 June 2000, the Secretariat has received copies of the following questions addressed to
El Salvador, Korea and Mexico respectively.
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EL SALVADOR
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the limitations on copyright in Article 45 of the Law on the Promotion
and Protection of Intellectual Property (Decree No. 604 of 15 July 1993) are interpreted and justified
in relation to Articles 9 and 13 of the TRIPS Agreement and in relation to the articles of the
Berne Convention.
B. PATENTS
2. Please explain how the principle of non-discri mination in Article 109 of the Law on the
Promotion of Protection of Intellectual Property (Decree No. 604 of 15 July 1993) is applied in
relation to Articles 27 and 33 of the TRIPS Agreement.
MEXICO
A. COPYRIGHTS AND RELATED RIGHTS
1. Please provide examples, if any, of limitations for reasons of public benefit mentioned in
Article 147 of the Federal Law of 24 December 1996.  How are they justified in relation to the
obligations under the TRIPS Agreement and the Berne Convention?
2. Please explain how the limitations on copyright and related rights in Article 148 II, III and
VII of the Federal Law of 24 December 1996 are interpreted and justified in relation to Articles 9
and 13 of the TRIPS Agreement and in relation to the articles of the Berne Convention.IP/C/W/178/Add.2
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3. Please explain how the provisions on registrati on contained in Articles 168 and 169 of the
Federal Law of 24 December 1996 allow for the protection of copyright against use by a third party in
good faith who has contracted with a party who appear s in the register as the holder of the rights.
4. Please explain your interpretation of Article 200 of the Federal Law of 24 December 1996 in
relation to the obligation for reciprocal representation for foreigners residing outside theMexican Republic in relation to Articles 3, 9 and 41 of the TRIPS Agreement and Article 5 of the
Berne Convention.
KOREA
A. COPYRIGHT AND RELATED RIGHTS
1. Do Articles 2 and 4 of the Copyright Act cover "three dimensional works relative to
geography, topography, architecture or science" as provided for in Article 2(1) of the
Berne Convention (1971)?
2. In Article 8 of the Korean Copyright Act, a presumption is created in terms of when a person,
whose name is merely "indicated" on a given work, is presumed to be the "author" of that work.Could such a presumption lead to abuse, contrary to the spirit of Article 2(6) of Berne (1971)?
3. Please explain why the reference to "exclusive", in relation to the rights granted under
Articles 16, 17, 18, 19, 20 and 21 of the Korean Act, has been omitted.
4. Does the Right of Reproduction, provided in Article 16 of the Copyright Act, extend to
authorisation of translations which is foreseen under Article 8 Berne Convention?
5. Is there any requirement in Korean law that sources must be indicated when invoking the
news reporting exception of Article 24 of the Copyright Act as foreseen under Article 10bis BerneConvention?
6. Please explain how Article 26, paragraph 2, Copyright Act can be justified under the
provision of the TRIPS Agreement (notably Article 14) and the Berne Convention (notably
Article 11).  Please list the case, if any, prescribed by the Presidential Decree referred to in this
Article.
7. Please explain how Korea provides protection for pre-existing works and sound recordings in
line with Article 18 Berne Convention and Article 14, paragraph 6, TRIPS Agreement.
8. Please explain how Article 63 of the Copyright Act provides performers the possibility of
preventing unauthorised fixation of performers and reproduction of any fixation as foreseen underArticle 14, paragraph 1, TRIPS Agreement.
9. Please explain whether Article 67 extends to indirect reproduction of phonograms as foreseen
under Article 14, paragraph 2, TRIPS Agreement?
10. Could the presumption in Article 6 of the Computer Programs Protection Act be used to
undermine the rights of the author where a person whose name is indicated on a work is not the
author?
11. Please explain whether Korea has or intends to subsequently amend the Copyright Act and
the Computer Programs Act.  If so, please specify the potential amendments.IP/C/W/178/Add.2
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B. T RADEMARKS
12. Can trademarks, consisting of geographical indications other than those used in connection
with wines or spirits, be registered in Korea?
13. In Article 42(2) of this Act, reference is made to the term of a trademark being renewable for
"an" additional 10 years.  Please clarify whether or not the registration of a trademark is renewable
indefinitely.
14. How does the Trademark Act confer the exclusive right to prevent all third parties not having
consent from using, in the course of trade, identical or similar signs as required in the Article 16
TRIPS, to the trademark owner?
15. Is it possible that some registered marks be assigned only on sale of a business, as suggested
in the Trademark Act, Article 54(8) and (9)?
C. G EOGRAPHICAL  INDICATIONS
16. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
17. Please give the definition of a geographical indication in your legislation.
18. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
19. Please describe whether or not, how additiona l protection is granted by your legislation to
wines and spirits.  Please mention other types of products, if any, which are covered by this additional
protection.
20. Please explain how exceptions under Article 24 TRIPS are used in your jurisdiction.  Please
provide examples of the use of the exceptions by courts or lists of names considered as generic in
your jurisdiction.
D. INDUSTRIAL DESIGNS
21. Please explain how the right to "sell" in accordance with the Design Act does comply with
Article 26.1 of TRIPS.
E. PATENTS
22. Please explain how the definition of "invention" in Article 2 of the Patent Act implements the
requirements of Article 27(1) of TRIPS?
23. Please explain how Articles 2(iii), 94 and 127 of the Patent Act comply with Article 28 of
TRIPS?
24. Does the grant of a patent in Korea involve the requirement of proof of "inventive steps
capable of industrial application"?
25. Please explain how Article 88(1) of the Patent Act and Article 1 of the addenda comply with
Article 33, 65.1, 70.2 and 70.8 of TRIPS.  In particular, in relation to the retroactive protection of
patents in force on 1 January 1996 or pending patent applications on that date?IP/C/W/178/Add.2
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26. How do Article 98, 104, 107 and 116 of the Patent Act correspond to Article 31 of TRIPS?
27. Is it intended to apply provisions of Article 129 of the Patent Act in cases where the product
obtained by the patented process is new?
F. LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS28. Please explain the omission of the acts of infringement of "selling or otherwise distributing"
in the Act on the layout-designs of semi-conductor integrated circuits.
29. How is the limitation of layout design rights in Article 8(2) of the Act on the Layout-Designs
of Semi-conductor Integrated Circuits justified under TRIPS?
30. Why are the grounds of lack of originality or of being commonplace, as provided for in
Articles 3(2)(a) and 3(2)(b) of the Treaty in Respect of Integrated Circuits (1989), not incorporated
into Article 20(1) of the Act?
31. What is the form of the "Presidential Decree" re ferred to in Article 20(1)(iv) of the Act in the
Layout-Designs of Semiconductor Integrated Circuits?
G. PROTECTION OF UNDISCLOSED INFORMATION
32. Does Article 2(2) of the Unfair Competition Prevention and Trade Secrets Protection Act
afford protection to trade secrets under the terms of TRIPS Article 39.2(c)?
33. Please advise where provisions are to be found in the Korean legislation, protecting against
disclosure and unfair commercial use of data, subm itted for marketing approval as required by TRIPS
Article 39.3.
34. It would seem that the notion "gross negligence" in Article 13(2) of the Unfair Competition
Prevention and Trade Secrets Protection Act is more limited than the notion "in a manner contrary to
honest commercial practices" to be found in Article 39.2 of TRIPS.  Please explain the relations
between the two concepts.
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