RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/315
5 November 2001
(01-5426)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Switzerland
By means of a communication from the Permanent Delegation of Switzerland, dated
30 October 2001, the Secretariat has received a copy of the following questions that Switzerland hascommunicated to Barbados, Brunei Darussalam, Cuba , Gabon, India, Lithuania, Malaysia, Nigeria,
Pakistan, Qatar, Saint Vincent and the Grenadines, Senegal, Sri Lanka, Swaziland, Thailand, Tunisia,
Uruguay and Zimbabwe,  respectively.
_______________
BARBADOS
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark.  Please cite the relevant provisions of
your law.
B. PATENTS
2. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstIP/C/W/315
Page 2
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
BRUNEI DARUSSALAM
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/315
Page 3
CUBA
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Please explain how your law implements Ar ticle 28.1.b) of the TRIPS Agreement and
indicate in particular how products obtained directly by a process patent are protected.  Please cite the
relevant provisions of the law.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Please indicate the term of protection granted to patents according to your law.
6. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
8. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
9. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
GABON
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions areand how they comply with Article 27 of the TRIPS Agreement.IP/C/W/315
Page 4
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of apharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
INDIA
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark.  Please cite the relevant provisions ofyour law.
2. Please explain in detail how India protects service marks and cite the relevant provisions of
law.
B. PATENTS
3. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
4. Does your legislation provide patent protection for pharmaceutical and agricultural chemical
products in accordance with the obligation under Article 27 of the TRIPS Agreement?  If not, pleaseexplain in detail how your legislation implements Articles 70.8 and 70.9 of the TRIPS Agreement.
Please cite the relevant provisions of the law.IP/C/W/315
Page 5
5. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
6. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
7. Please indicate the term of protection granted to patents according to your law.
8. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
9. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
10. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
11. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
LITHUANIA
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation? Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of aIP/C/W/315
Page 6
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
MALAYSIA
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark. Please cite the relevant provisions of
your law.
2. Please explain in detail how Malaysia protects well-known trademarks and cite the relevant
provisions of law.
B.P ATENTS
3. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Please indicate details regarding the protection for micro-organisms andnon-biological and microbiological processes.  Are there any exceptions?  If so, please explain what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.  How are plant
varieties protected in your law?
4. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
5. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
6. Please indicate the term of protection granted to patents according to your law.
7. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C.P ROTECTION OF UNDISCLOSED INFORMATION
8. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for marketIP/C/W/315
Page 7
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D.E NFORCEMENT
9. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
10. Please explain in detail how Article 50 of the TRIPS Agreement is implemented in your law,
citing the relevant provisions. Please specify any conditions required by your law, if any, that need to
be fulfilled in order for a right holder to avail itself of provisional measures.
11. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
NIGERIA
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark.  Please cite the relevant provisions of
your law.
B. PATENTS
2. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, underwhat conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?IP/C/W/315
Page 8
D. ENFORCEMENT
7. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related criminal enforcement.
PAKISTAN
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark.  Please cite the relevant provisions ofyour law.
2. Please explain in detail how Pakistan protects service marks and cite the relevant provisions
of law.
B. INDUSTRIAL DESIGNS
3. Please describe the procedure that must be followed to obtain protection for industrial designs
in your country.  Please cite the relevant provisions of your law.
C. PATENTS
4. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
5. Please describe in detail any provisions in your law permitting the use of a patent without
authorisation of the right holder.  Please cite the relevant provisions of law and describe in detail the
conditions under which such use may occur.
6. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
7. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
8. Please indicate whether your legislation provides for situations where the government is
allowed to revoke a patent.  If yes, please indicate  what these situations are and how they comply with
the TRIPS Agreement?
9. What term of protection does your legislation provide for patents, in particular for those filed
before 1995?
10. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.IP/C/W/315
Page 9
D.P ROTECTION OF UNDISCLOSED INFORMATION
11. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
E.E NFORCEMENT
12. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
13. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
QATAR
A. TRADEMARKS
1. Please explain in detail how Qatar protects well-known trademarks and cite the relevant
provisions of law.
B.I NDUSTRIAL DESIGNS
2. Please describe the procedure that must be followed to obtain protection for industrial designs
in your country. Please cite the relevant provisions of your law.
C.P ATENTS
3. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.  In particular, is patent protection
granted to all pharmaceutical products?
4. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
5. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
6. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
D. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstIP/C/W/315
Page 10
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
E. ENFORCEMENT
8. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
9. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
SAINT VINCENT AND THE GRENADINES
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology? Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.IP/C/W/315
Page 11
SENEGAL
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
SRI LANKA
A. TRADEMARKS
1. Please explain how your legislation implements  Article 62.2 of the TRIPS Agreement.  Please
indicate how long it takes on average to register a trademark.  Please cite the relevant provisions ofyour law.
B.P ATENTS
2. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions areand how they comply with Article 27 of the TRIPS Agreement.IP/C/W/315
Page 12
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Please indicate the term of protection granted to patents according to your law?
6. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
C. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
D. ENFORCEMENT
8. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.
9. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
SWAZILAND
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of aIP/C/W/315
Page 13
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
THAILAND
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology? Please indicate details regarding the protection for micro-organisms and
non-biological and microbiological processes.  Are there any exceptions?  If so, please explain what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.  How are plant
varieties protected in your law?
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Please indicate the term of protection granted to patents according to your law.  Does this
term of protection apply to inventions in all fields of technology?
5. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of apharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protectionfor undisclosed test or other data of the first applicant?
C. ENFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective deterrents to
infringements of intellectual property rights.IP/C/W/315
Page 14
8. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
TUNISIA
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.  In particular, is patent protection
granted to all pharmaceutical products?
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relyingon, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this?  If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
URUGUAY
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Please indicate details regarding the protection for micro-organisms andnon-biological and microbiological processes.  Are there any exceptions?  If so, please explain what
these exceptions are and how they comply with Article 27 of the TRIPS Agreement.  How are plant
varieties protected in your law?IP/C/W/315
Page 15
2. Please describe in detail any provisions in your law permitting the use of a patent without
authorisation of the right holder.  Please cite the relevant provisions of law and describe in detail the
conditions under which such use may occur.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsorylicensing, if a product is being imported)?
4. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
5. Please indicate the term of protection granted to patents according to your law?  Does your
law allow use of a patented invention for the purposes of marketing authorisation procedure for acopy product before expiry of the term of patent protection?  If yes, please indicate the exact scope
and nature of such use.  Please cite the relevant provisions of your law.
6. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
8. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
9. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
ZIMBABWE
A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions are
and how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.IP/C/W/315
Page 16
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of apharmaceutical or of an agricultural chemical product is protected against disclosure and against
unfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.  Does your legislation provide for exceptions to this? If yes, under
what conditions would such exceptions apply?  Does your legislation set a specific term of protection
for undisclosed test or other data of the first applicant?
C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
__________