RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/174
7 June 2000
(00-2247)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions Posed by the United States
By means of communications from the Permanent Mission of the United States, dated 2 and
4 May  and 5 June 2000, the Secretariat has received copies of the following questions from theUnited States addressed to Belize;  Cyprus;  Hong Kong, China;  Indonesia;  Israel;  Korea;  Macau,
China;  Malta;  Mexico;  Poland;  Singapore;  and Trinidad and Tobago, respectively.
_______________
BELIZE
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 national 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 Belize copyright law 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 Belize copyright law protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement protects rental rights for computer programs and
cinematographic works.  Please cite to the corresponding provision of the Belize copyright law.
5. Please state the length and terms of protection the Belize copyright law 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 explain what protection the Belize copyright law provides for performers, and provide
the length and terms of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms shall enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms have the right to authorize or prohibit the commercial rental to
the public of originals or copies of their phonograms.  Please clarify whether and how the Belize
copyright law implements these obligations.IP/C/W/174
Page 2
C. TRADEMARKS
8. Please describe the subject-matter that can comprise a trademark under the Belize trademark
law.
9. Please describe the procedure that must be followed to register a trademark in Belize, citing
the provisions of the law under which such registration is provided, and describe the rights that theowner of a registered mark.
10. Please explain whether the Belize trademark law provides for a means to publish a trademark
either before it is registered or promptly after it is registered, and whether the trademark protection
procedure otherwise complies with Article 15.5 of the TRIPS Agreement.
11. Please explain whether the Belize trademark law presumes a likelihood of confusion where an
identical mark for identical goods and services is used without authorization on identical goods or
services as required.
12. Please explain whether and how the Belize trademark law provides for the protection of
well-known trademarks and service marks, citing to the relevant provisions of law.
13. Please provide the length and terms of protection the Belize trademark law provides for a
trademark.
14. Please explain how the Belize trademark law comports with the use provision of Article 19 of
the TRIPS Agreement.
D. 
GEOGRAPHICAL INDICATIONS
15. What provisions of Belize's law or regulations provide for the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Please provide citations to
those laws.
16. In determining whether recognition should be given a geographical indication, what criteria
are considered?
17. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and provide examples of such products
and the law under which they are protected.
18. Please describe the legal means available under the law of Belize that enable interested parties
to ensure the protection required by Articles 22 and 23, and cite to the relevant provisions of law?
E. INDUSTRIAL DESIGNS
19. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the Belize law, and describe the nature of the protection provided.
20. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of the law under which such protection is provided.
F. PATENTS
21. Please explain whether and how the Belize patent law implements Article 27 of the TRIPS
Agreement.IP/C/W/174
Page 3
22. What provisions of the Belize patent law or regulations provide to patent holders the rights
required by Article 28 of the TRIPS Agreement?  Please provide citations to those laws or regulations.
23. Please describe the nature of the disclosure required of patent applicants under the Belize
patent law.
24. Please state whether, under the Belize patent law or regulations, compulsory licences can be
issued, cite the relevant sections of law, and describe in detail the conditions under which they can be
issued.
25. Please indicate whether the Belize patent law or regulations provide an opportunity for
judicial review of decisions to revoke or forfeit a patent as required by Article 32 of the TRIPS
Agreement.
26. What term of protection does the Belize patent law provide for patents?  Does the law contain
any provisions for extension of the term, and, if so, provide information on such extensions and theconditions that give rise to them.
27. Under what provisions of the Belize patent law can the burden of proof in a process patent
infringement action be placed on the defending party as required by Article 34 of the TRIPS
Agreement?  Please cite to those provisions.
G. 
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
28. What provisions of the Belize patent law provide for the protection for layout-designs of
integrated circuits (referred to in the TRIPS Agreement as "layout-designs") that are registered or
have been commercially exploited anywhere in the world, as outlined in Article 35 of the
TRIPS Agreement.  Please provide citations to those laws.
29. Please describe in detail the scope of protection provided for layout-designs under those laws.
30. For what term is protection provided for layout-designs?
H. PROTECTION OF UNDISCLOSED INFORMATION
31. Please describe in detail how the Belize law provides for the protection of undisclosed
information that is secret as defined in Article 39.2 of the TRIPS Agreement and provide citations to
the relevant provisions of law.
32. Please describe in detail the manner of protection provided to test data regarding
pharmaceutical and agricultural chemical products which are undergoing testing in order to obtain
marketing approval in Belize and cite to the relevant provisions of law.
33. 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
34. Please explain whether the laws of Belize provide for effective action against infringement of
intellectual property rights as required by Article 41.1 of the TRIPS Agreement.IP/C/W/174
Page 4
35. Article 42.4 of the TRIPS Agreement provides for appeals to judicial bodies of final
administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of
any act of infringement of intellectual property rights.  Please explain whether the laws of Belize
provide for such a mechanism.
36. Please elaborate on the procedures for filing and appealing intellectual property infringement
cases.
37. Please describe the procedures for protecting confidential information in intellectual property
infringement cases.
38. Article 43.1 of the TRIPS Agreement authorizes judges 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 explain the provisions of the Belize laws or regulations that provide
this authorization.
39. Article 44.1 of the TRIPS Agreement authorizes judges to enjoin a defendant, except the
government, from infringing intellectual property rights.  Please cite to the provisions of the Belize
laws or regulations that provide this same authorization.
40. What provisions of the Belize laws or regulations authorizes judges to order the payment of
monetary damages adequate to compensate for the injury done by the infringement, as outlined in
Article 45.1 of the TRIPS Agreement?
41. Article 45.2 of the TRIPS Agreement authorizes judges to order the infringer to pay right
holders enforcement costs and recovery of profits and/or statutory damages.  Please site to the
provisions of the Belize laws or regulations that provide this same authorization.
42. Article 46 of the TRIPS Agreement authorizes additional remedies including seizure of
infringing goods, and the disposal of materials and implements used predominantly in the creation of
infringing goods.  Please cite to the provisions of the Belize laws or regulations to provide this same
authorization.
43. According to Article 48.1 of the TRIPS Agreement, judges are authorized to indemnify a
defendant, including in the event of abuse by the plaintiffs.  Please cite to the corresponding provisionin the Belize laws or regulations.
44. Please explain how the Belize laws or regulations comport with Article 50 of the TRIPS
Agreement.
Special Requirements Related to Border Measures
45. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and piratedcopyrighted works.  Please identify the competent authority in Belize authorized to accept
applications for a request to suspend release of suspected infringing goods and cite to the relevant law
or regulations governing such authority.
46. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and piratedcopyrighted works.  Please identify the competent authority in Belize authorized to accept
applications for a request to suspend release of suspected infringing goods and cite the relevant law or
regulation governing such authorization.IP/C/W/174
Page 5
47. Please describe the procedures a right holder must follow to obtain border protection by the
competent authorities, e.g., if there is a formal application that must be submitted to the competent
authority, judicial or administrative, and the information required in the request for suspension and
cite the law or regulations providing such procedures.
48. Please explain whether procedures, permissible under Article 51 of the TRIPS Agreement, are
available to stop the export of goods suspected of infringing copyrights and/or trademarks.
49. Article 52 of the TRIPS Agreement requires that rights holders wishing to stop importation of
counterfeit trademarked goods or pirated copyrighted works present evidence to the competent
authorities that there is prima facie infringement of their trademark or copyright.  Please explain what
evidence will constitute prima facie infringement in Belize.
50. Article 52 also requires that the right holder provide a "sufficiently detailed description of the
goods" to be stopped.  Please explain what is required of the right holder in Belize for a description tobe "sufficiently detailed".
51. Article 52 requires that the competent authorities notify the right holder that his application is
accepted within a reasonable time.  Please explain within what period of time the competent authority
responds to a request for suspension of release of goods and, if the application is accepted, the length
of time during which enforcement action will be taken.
52. Article 53.1 requires that the competent authorities have the authority to secure from an
applicant a security or equivalent assurance sufficient to protect a defendant and to prevent abuse.
Please verify that the competent authorities identified above are empowered to require security or
equivalent assurance and provide citations to the provisions of law or regulation that grant them that
authority.
53. Article 53.2 provides that the owner, importer, or consignee of goods involving industrial
designs, patents, layout-designs or undisclosed information that have been suspended by customs
authorities should be able, in certain circumstances, to have such goods released on payment of
security sufficient to protect the right holder from infringement.  Please identify what forms of
intellectual property, if any, are subject to provisions of Article 53.2 and cite to the relevant provisionsof law or regulations.
54. Article 54 requires that the importer and the applicant be notified promptly of the suspension
or release of goods.  Please identify the authority/authorities responsible for notifying the importer
and applicant and cite to the law or regulations spelling out the procedure.
55. Please specify the period within which the competent authority to issue a notice that the
release of goods has been suspended.
56. Article 55 makes it clear that the right holder applying for suspension of infringing goods
must initiate a proceeding on the merits in an appropriate forum within a reasonable period of time or
the goods will be released.  Please identify th e fora in which an applicant/party may initiate
proceedings on the merits that will allow customs authorities to hold the goods beyond 10 working
days.
57. Article 55 provides that a review is to take place within a reasonable time at the request of the
defending party to determine if the suspension measures should be modified, revoked, or confirmed
pending the outcome of the proceeding on the merits.  Please identify the forum that authorized to
conduct such a review and describe the procedure.  Please cite the law or regulations providing for
these procedures.IP/C/W/174
Page 6
58. Article 56 requires that the authorities be able to require the applicant to compensate the
defending party for any injury caused if the detention of goods was unfounded.  Please identify the
authorities that can order the applicant to pay the importer, consignee or owner compensation for
injury caused by wrongful detention or through the detention pursuant to Article 55 and cite to the law
or regulations providing that authority.
59. Article 57 requires that the competent authorities be able to authorize the right holder to
inspect the detained goods in order to substantiate  the claims.  Please explain how right holders are
provided an opportunity to inspect suspect goods that have been detained by customs authorities.
60. Article 57 also requires that, where the decision on the merits favours the right holder, the
competent authorities also may be given authority to  give the right holder information regarding the
importer, consignee or consignor.  If competent authorities in Belize can provide information
regarding the importer, consignee or consignor to the right holder, please explain how information
regarding names and addresses of consignors, importers and consignees and quantities of goods are
provided to the applicant after a positive decision of infringement is made, e.g., authorities
automatically providing information or by submission of a written request from the right holder, etc.
Please cite to the law or regulations providing such authority.
61. Article 58 specifies procedures to be followed where the competent authorities can act ex
officio.  Please explain whether the competent authorities in Belize are empowered to act ex officio
and, if so, please identify the intellectual property areas subject to ex officio action.
62. Article 59 identifies the remedies that are to be available, including destruction or disposal of
infringing goods outside the stream of commerce.  Please explain what the law in Belize permits
regarding the disposition of infringing goods, i.e., does the law allow for destruction, disposal or both.Please cite to the law or regulations providing such authority.
63. Please identify:  (1) the competent authority that decides the disposition of the goods, i.e.,
whether the goods will be destroyed or disposed of outside the stream of commerce;  and (2) the
competent authority that carries out the destruction or disposal of the goods.
64. Article 60 permits Members to exclude from the provisions for border enforcement small
quantities of goods of a non-commercial nature carried by passengers or sent in small consignments.
Please describe what constitutes a de minimis  import that is excluded from the border measures under
the law of Belize.
Criminal Procedures
65. Article 61 of the TRIPS Agreement requires that Members have criminal procedures and
penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least forcases of wilful trademark counterfeiting and copyright infringement on a commercial scale.  Please
describe the provisions of the law of Belize that fulfil that obligation and provide legal citations.
66. 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 explain the provisions in the laws of Belize that providefor such remedies, and describe the circumstances in which those remedies would be imposed.  Please
provide legal citations.
67. 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 Belize that provide for such procedures and remedies.  Please provide legal citations.IP/C/W/174
Page 7
CYPRUS
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 national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the Cyprus copyright law 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 any rights or obligations
regarding the latter under the TRIPS Agreement.
3. The definitions contained in section 2(1) of the Copyright Law of Cyprus included in the
definition of "literary work" "electronic computer programme".  Article 7(1)(j) authorizes "use" of a
work by public libraries, non-commercial collections and documentation centres and scientific
institutions as may be prescribed, as such use is in the public interest, etc.  The term "use" is notdefined in the law.  Please explain how the term "use" is defined and what the implications of this
section are for copyrighted works generally, and computer programs in particular.
4. Article 11 of the TRIPS Agreement protects rental rights for computer programs and
cinematographic works.  Please cite to the corr esponding provision of the Cyprus copyright law.
Section 7(1) of the copyright law appears to be intended to provide rental rights to all copyrightedworks; however, the text says "the lending of the advertisement".  Please clarify the intent of this
clause by indicating whether it is an error of tran slation and, if so, what the correct translation should
be.
5. Sections 4 and 5 of the Cyprus copyright law provide terms of protection for various
copyrighted works.  Photographs are excepted from subparagraph (2)(i) of section 4, but do not seemto be provided for elsewhere.  Please state the length and terms of protection in the Cyprus copyright
law for a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please explain what protection the Cyprus copyri ght law provides for performers, and provide
the length and terms of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms shall enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms have the right to authorize or prohibit the commercial rental tothe public of originals or copies of their phonograms.  Please explain the difference between the
protection accorded under sections 3(1)(g) and 5(1)(c) and indicate why the latter applies only to
sound recordings made in Cyprus.
C. 
TRADEMARKS
8. The definitions in section 2 of Cyprus' trademark law and the provisions regarding
registrability and distinctiveness in section 11 indicate certain subject-matter that can be trademarks.
Please indicate whether combinations of colour can be registered as trademarks as provided for in
TRIPS Article 15.1.IP/C/W/174
Page 8
9. Section 4 of Cyprus' trademark law provides that the owner of an unregistered trademark
cannot institute "any" proceeding to enjoin infringement of its trademark or to obtain damages for
harm done by such infringement.
10. Please explain whether Cyprus' trademark law provides a means to publish a trademark, either
before it is registered or promptly afterward, and whether the trademark protection procedureotherwise complies with Article 15.5 of the TRIPS Agreement.
11. Please explain whether Cyprus' trademark law provides a presumption of a likelihood of
confusion where another uses an identical mark for identical goods and services is used without
authorization of the owner of the trademark.
12. Section 22 of Cyprus' trademark law provides a term of seven years for registrations with the
possibility of renewals for similar periods.  The section also appears to allow for a registration term of
14 years with renewals for similar periods but it is not clear from the translation of the law on whatbasis the longer terms are granted, speaking of a registration as of a date before the appointed day.
Please explain how this longer term of registration and subsequent renewals can be obtained.
13. Section 28(1)(a) of the law appears to authorize cancellation of a trademark registration
before a period of continuous non-use of three years has expired.  Please explain what plans the
Government of Cyprus has to bring this section into compliance with Article 19.1 of theTRIPS Agreement.
14. Section 29(2) of the trademark law provides that authorized use of a trademark is deemed to
be used by the trademark owner but the user must be registered before this applies.  Please explain
what plans the Government of Cyprus has to brin g this section into compliance with Article 19.2 of
the TRIPS Agreement.
D. 
GEOGRAPHICAL INDICATIONS
15. Please describe the provisions of Cyprus' laws or regulations that provide for the recognition
of geographical indications required by Articles 22.2 and 23.1 of the TRIPS Agreement.  Please
provide citations to those laws.
16. Please describe the criteria that are used in determining whether recognition should be given a
geographical indication.
17. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and give examples of such products.
Please cite to the laws or regulations under which protection is afforded.
18. Please describe the legal means available under the law of Cyprus that enable interested
parties to ensure the protection required by Articles 22 and 23, and cite to the relevant provisions of
law.
E. INDUSTRIAL DESIGNS
19. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the Cyprus law, and describe the nature of the protection provided.
20. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of the law under which such protection is provided.IP/C/W/174
Page 9
F. PATENTS
Note: IP/N/1/CYP/P/1 contains a chapter on Patents that came into force on 4 September 1958.  Our
industry has provided a copy of the Patents Law of  1998, section 80 of which repeals the Patents Law
of 1957.  Our questions are based on the 1998 law.
21. Section 5(2)(c) of the Patents Law of 1998 states that methods of doing business and
computer programs shall not be regarded as inventions.  Please explain the reasoning behind these
exceptions based on the field of technology, given that the standards for patentability in the law are
those called for in Article 27.1 of the TRIPS Agreem ent, i.e., that an invention be novel, involve an
inventive step, and be industrially applicable.
22. Part VIII of Cyprus' patent law appears to  provide for patented medicinal products an
exclusive right to market that would extend for up to five years beyond the term of the patent tocompensate for the portion of the patent term lost because of the need to obtain marketing approval.
Please verify if our understanding of Part VIII is accurate or, if no t, correct our misunderstanding.
23. Section 49(2)(c)(i) appears to provide for compulsory licensing to enable an applicant to
supply an export market.  Please explain how this provision comports with TRIPS Article 31(f), and
section 56(f) of Cyprus' patent law, which state that compulsory licenses should be authorizedpredominantly for the supply of the domestic market of the Member authorizing the use.
24. Please verify that the term translated as "worked" and "working" in section 49 can be satisfied
by importation of the patented product or of the product produced by the patented process and, if not,
please explain how the provisions of section 49 are consistent with Articles 27 and 28 of the
TRIPS Agreement.
25. Sections 49(2)(d) and 50(1) provide for compulsory licences for anti-competitive practices in
relation to licensing.  Please describe in detail the nature of the procedures followed in investigating
allegations regarding such practices, in particular, explaining how those procedures comply with the
provisions of Articles 49 and 62 of the TRIPS Agreement.
26. Sections 49(7) and 50(2) appear to authorize a party to whom the patentee has granted a
voluntary licence, nonetheless, to apply for and be granted a compulsory licence.  Please explain how
this provision is consistent with Article 31(b)  and with section 56(b) of Cyprus' patent law.
27. Section 50(3) authorized the Registrar to grant licences that would "deprive the proprietor of
the patent of any right he has to work the invention concerned or to grant licences under the patent"
and to revoke all existing licences granted under the patent.  Please explain how this provision
complies with the obligations of Articles 30 and 31 of the TRIPS Agreement.
G. 
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
28. What provisions of the Cyprus' law provide for the protection for layout-designs of integrated
circuits (referred to in the TRIPS Agreement as "layout-designs") that are registered or have been
commercially exploited anywhere in the world, as outlined in Article 35 of the TRIPS Agreement.
Please provide citations to those laws and, if they have not been notified to the WTO, please provide
copies.
29. Please describe in detail the scope of protection provided for layout-designs under those laws.
30. For what term is protection provided for layout-designs?IP/C/W/174
Page 10
H. PROTECTION OF UNDISCLOSED INFORMATION
31. Please describe in detail how Cyprus' law provides for the protection of undisclosed
information that is secret as defined in Article 39.2 of the TRIPS Agreement and provide citations to
the relevant provisions of law.
32. Please describe in detail the manner of protection if provided test data regarding
pharmaceutical and agricultural chemical products in order to obtain marketing approval in Cyprus
and cite to the relevant provisions of law.
33. 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
General Provisions
34. Please explain how the laws of Cyprus provid e for effective action against infringement of
intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
Civil and Administrative Procedures
35. Article 42.4 of the TRIPS Agreement provides for appeals to judicial bodies of final
administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of
any act of infringement of intellectual property rights.  Please explain whether the laws of Cyprus
provide for such a mechanism.
36. Please describe in detail the procedures for filing and appealing intellectual property
infringement cases.
37. Please describe the procedures for protecting confidential information in intellectual property
infringement cases.
38. Article 43.1 of the TRIPS Agreement authorizes judges 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 explain the provisions of Cyprus' laws or regulations that provide
this authorization.
39. Article 44.1 of the TRIPS Agreement authorizes judges to enjoin a defendant, except the
government, from infringing intellectual property rights.  Please cite to and describe the provisions of
Cyprus' laws or regulations that provide this same authorization.
40. Please cite to and describe the provisions of Cyprus' laws or regulations which authorize
judges to order the payment of monetary damages ad equate to compensate for the injury done by the
infringement, as outlined in Article 45.1 of the TRIPS Agreement.
41. Article 45.2 of the TRIPS Agreement authorizes judges to order the infringer to pay right
holders enforcement costs and recovery of profits and/or statutory damages.  Please cite to and
describe the provisions of Cyprus' laws or regulations that provide this same authorization.
42. Article 46 of the TRIPS Agreement authorizes additional remedies including seizure of
infringing goods, and the disposal of materials and implements used predominantly in the creation ofIP/C/W/174
Page 11
infringing goods.  Please cite to and describe the provisions of Cyprus' laws or regulations to provide
this same authorization.
43. According to Article 48.1 of the TRIPS Agreement, judges are authorized to indemnify a
defendant, including in the event of abuse by the plaintiffs.  Please cite to and describe the
corresponding provision in Cyprus' laws or regulations.
Provisional Measures
44. Please explain in detail how Cyprus' laws or regulations comply with Article 50 of the
TRIPS Agreement, and in particular with paragraph 2.
Special Requirements Related to Border Measures
45. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and pirated
copyrighted works.  Please identify the competent authority in Cyprus authorized to accept
applications for a request to suspend release of such goods, and cite to and describe the relevant laws
or regulations governing such authority.
46. Please describe the procedures a right holder must follow to obtain border protection by the
competent authorities, e.g., if there is a formal application that must be submitted to the competent
authority, judicial or administrative, and the information required in the request for suspension and
cite the law or regulations providing such procedures.
47. Please explain whether procedures, permissible under Article 51 of the TRIPS Agreement, are
available to stop the export of goods suspected of infringing other forms of intellectual property.
48. Article 52 of the TRIPS Agreement requires that rights holders wishing to stop importation of
counterfeit trademarked goods or pirated copyrighted works present evidence to the competent
authorities that there is prima facie infringement of their trademark or copyright.  Please explain what
evidence will constitute prima facie infringement in Cyprus.
49. Article 52 also requires that the right holder provide a "sufficiently detailed description of the
goods" to be stopped.  Please explain what is required of the right holder in Cyprus for a description
to be "sufficiently detailed".
50. Article 52 requires that the competent authorities notify the right holder that his application is
accepted within a reasonable time.  Please explain within what period of time the competent authority
responds to a request for suspension of release of goods and, if the application is accepted, the length
of time during which enforcement action will be taken.
51. Article 53.1 requires that the competent authorities have the authority to secure from an
applicant a security or equivalent assurance sufficient to protect a defendant and to prevent abuse.
Please verify that the competent authorities identified above are empowered to require security or
equivalent assurance and provide citations to and describe the provisions of law or regulation that
grant them that authority.
52. Article 53.2 provides that the owner, importer, or consignee of goods involving industrial
designs, patents, layout-designs or undisclosed information that have been suspended by customs
authorities should be able, in certain circumstances, to have such goods released on payment of
security sufficient to protect the right holder from infringement.  Please identify what forms of
intellectual property, if any, are subject to provisions of Article 53.2 and cite to the relevant provisions
of law or regulations.IP/C/W/174
Page 12
53. Article 54 requires that the importer and the applicant be notified promptly of the suspension
or release of goods.  Please identify the authority/authorities responsible for notifying the importer
and applicant and cite to and describe the law or regulations spelling out the procedure.
54. Please specify the period within which the competent authority to issue a notice that the
release of goods has been suspended.
55. Article 55 makes it clear that the right holder applying for suspension of infringing goods
must initiate a proceeding on the merits in an appropriate forum within a reasonable period of time or
the goods will be released.  Please identify th e fora in which an applicant/party may initiate
proceedings on the merits that will allow customs authorities to hold the goods beyond 10 working
days.
56. Article 55 provides that a review is to take place within a reasonable time at the request of the
defending party to determine if the suspension measures should be modified, revoked, or confirmedpending the outcome of the proceeding on the merits.  Please identify the forum that is authorized to
conduct such a review and describe the procedure.  Please cite the law or regulations providing for
these procedures.
57. Article 56 requires that the authorities be able to require the applicant to compensate the
defending party for any injury caused if the detention of goods was unfounded.  Please identify theauthorities that can order the applicant to pay the importer, consignee or owner compensation for
injury caused by wrongful detention or through the detention pursuant to Article 55 and cite to the law
or regulations providing that authority.
58. Article 57 requires that the competent authorities be able to authorize the right holder to
inspect the detained goods in order to substantiate  the claims.  Please explain how right holders are
provided an opportunity to inspect suspect goods that have been detained by customs authorities.
59. Article 57 also requires that, where the decision on the merits favours the right holder, the
competent authorities also may be given authority to give right holder information regarding the
importer, consignee or consignor.  If competent authorities in Cyprus can provide information
regarding the importer, consignee or consignor to the right holder, please explain how information
regarding names and addresses of consignors, importers and consignees and quantities of goods are
provided to the applicant after a positive decision of infringement is made, e.g., authorities
automatically providing information or by submission of a written request from the right holder, etc.
Please cite to the law or regulations providing such authority.
60. Article 58 specifies procedures to be followed where the competent authorities can act ex
officio.  Please explain whether the competent authorities in Cyprus are empowered to act ex officio
and, if so, please identify the intellectual property areas subject to ex officio action and describe howthat action is taken.
61. Article 59 identifies the remedies that are to be available, including destruction or disposal of
infringing goods outside the stream of commerce.  Please explain what the law in Cyprus permits
regarding the disposition of infringing goods, i.e., does the law allow for destruction, disposal or both.
Please cite to the law or regulations providing such authority.
62. Please identify:  (1) the competent authority that decides the disposition of the goods, i.e.,
whether the goods will be destroyed or disposed of outside the stream of commerce;  and (2) the
competent authority that carries out the destruction or disposal of the goods.IP/C/W/174
Page 13
63. Article 60 permits Members to exclude from the provisions for border enforcement small
quantities of goods of a non-commercial nature carried by passengers or sent in small consignments.
Please describe what constitutes a de minimis  import that is excluded from the border measures under
the law of Cyprus.
Criminal Procedures
64. Article 61 of the TRIPS Agreement requires that Members 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
describe the provisions of the law of Cyprus that fulfil that obligation and provide legal citations.
65. 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 hasbeen the commission of the offence.  Please explain the provisions in the laws of Cyprus that provide
for such remedies, and describe the circumstances in which those remedies would be imposed.  Please
provide legal citations.
66. 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 ofthe laws of Cyprus that provide for such procedures and remedies.  Please provide legal citations.
67. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
68. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, 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 informationestablishing that the criminal system operates effectively to deter copyright piracy and trademark
counterfeiting.
69. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Cyprus, particularly initiatives related to criminal enforcement.IP/C/W/174
Page 14
HONG KONG, CHINA
A. COPYRIGHT AND RELATED RIGHTS
1. Section 17 of Hong Kong's Copyright Ordinance provides that computer-generated works are
to have copyright protection for a period of 50 years from the end of the year in which the work was
made.  Please define "computer-generated" in this sense and explain whether such a work would have
an author and could be considered an original work.
B. TRADEMARKS
2. Please describe in detail the manner in which well-known marks are provided protection
under Hong Kong's laws or rules as required by Article 16.2 and 16.3 of the TRIPS Agreement.
3. What criteria are used to determine if a mark is well known?
C. GEOGRAPHICAL INDICATIONS
4. What provisions of Hong Kong's laws or rules provide for the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Please provide citations to
those laws.
5. In determining whether recognition should be given a geographical indication, what criteria
are considered?
6. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and provide examples of such products
and the law under which they are protected.
7. What are the competent authorities where the protection of a geographical indication can be
obtained?
D. INDUSTRIAL DESIGNS
8. Please describe how Hong Kong's Registered Design Ordinance protects textile designs and
explain how this protection does not unreasonably impair the opportunity to obtain such protection.
9. Section 6 of Hong Kong's Registered Design  Ordinance provides that designs are not
registrable if the appearance of the article is not material to the person acquiring or using the article.
Please explain how such a determination is made and based upon what criteria.
10. Please clarify whether section 31 of Hong Ko ng's Registered Design Ordinance, which
describes the exclusive rights conferred on the owner of a registered design, includes the right to
prevent third parties from importing articles bearing or embodying the design.
E. PATENTS
11. Section 93 of Hong Kong's Patents Ordinance pr ovides that programs for computers are not
regarded as inventions.  Please explain how this provision is consistent with Article 27.1 of the
TRIPS Agreement.IP/C/W/174
Page 15
12. Please define "short-term patent" and describe the type of subject-matter that would be
protected by a short-term patent.  In addition, please explain the difference between the scope of the
standard patent and the short-term patent under Hong Kong's Patent Ordinance.
F. PROTECTION OF UNDISCLOSED INFORMATION
13. Please describe in detail the provisions of Hong Kong's laws and regulations that provide for
protection against unfair commercial use of data submitted to obtain marketing approval for
agricultural chemicals and pharmaceuticals in accordance with Article 39.3 of the TRIPS Agreement
and the nature of the protection afforded.  Please provide citations to those laws.
G. ENFORCEMENT
14. Section 227 of the 1997 Copyright Ordinance ma kes infringement of performers' reproduction
rights actionable under the law.  Please explain how criminal action is available for the pirated
fixation of a performer's performance.
15. Please describe any  provision in Hong Kong's laws that allows authorities to order destruction
of implements "predominantly used" in the production of infringing materials and provide a citation to
that section.
16. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcementfor each of the years 1996 and 1997, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
17. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1996 and 1997, including the number ofraids, 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.
18. Please describe any new initiatives that the Government of Hong Kong plans to improve
enforcement, particularly criminal enforcement, of intellectual property.IP/C/W/174
Page 16
INDONESIA
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 national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how Indonesia's copyright law 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 any rights or obligations
regarding the latter under the TRIPS Agreement.
3. Please explain how Indonesia's copyright law protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement requires that WTO Members provide rental rights for
computer programs and cinematographic works.  Please cite to and describe the provisions ofIndonesia's copyright law that implement this obligation.
5. Please describe the terms of protection provided by Indonesia's copyright law for works of
authors and artists, including photographic works and works of applied art and cite to the relevant
provisions of law.
6. Please describe in detail the protection Indonesia's copyright law provides for performers, the
term of the protection provided.
7. Article 14.2 of the TRIPS Agreement requires that WTO Members provide producers of
phonograms with the right to authorize or prohibit the direct or indirect reproduction of their
phonograms.  Article 14.2 also requires that producers of phonograms have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Pleasedescribe in detail how Indonesia's copyright law implements these obligations.
8. Article 14.4 of the TRIPS Agreement requires that WTO Members provide producers of
phonograms with rental rights in their phonograms.  Please describe in detail how Indonesia's
copyright law implements this obligation and cite to the appropriate provision.
9. Article 14.6 requires that WTO Members restore rights to performers and producers of
phonograms in relation to performances or phonograms respectively that are still under protection in
their country of origin if those performances or phonograms have not had a full term of protection inthe territory of those WTO Members.  Please describe in detail how Indonesia has implemented that
obligation and cite to the relevant provisions of law.
C. 
TRADEMARKS
10. Please describe the subject-matter that can comprise a trademark under Indonesia's trademark
law.IP/C/W/174
Page 17
11. Please describe the procedure that must be followed to register a trademark in Indonesia,
citing the provisions of the law under which such registration is provided, and describing the rights
such registration provides the owner of the mark.
12. Please explain whether Indonesia's trademark law provides for publication of a trademark
either before it is registered or promptly after it is registered, and describe in detail how the trademarkprocedure otherwise complies with Article 15.5 of the TRIPS Agreement.
13. Please explain how Indonesia's trademark law provides a presumption of likelihood of
confusion where an identical mark for identical goods and services is used without authorization on
identical goods or services as required and cite to the appropriate provision.
14. Please describe in detail how Indonesia's trademark law provides for protection of
well-known trademarks and service marks, citing to the relevant provisions of law.
15. Please give the term of protection Indonesia's trademark law provides for trademark
registrations and describe the term and any conditions for renewals.
16. Please describe how Indonesia's trademark law com ports with the use provisions of Article 19
of the TRIPS Agreement.
17. Please describe any conditions placed on use of trademarks under Indonesia's law and cite to
the relevant provisions.
18. Please describe any conditions placed on the licensing or assignment of trademarks under
Indonesia's laws and cite to the relevant provisions.
D. 
GEOGRAPHICAL INDICATIONS
19. Please describe in detail the provisions of Indonesia's laws or regulations that provide for the
recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS Agreementand provide citations to those laws.
20. Please describe the criteria considered in determining whether recognition should be given a
geographical indication under Indonesia's laws.
21. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and give examples of such products
and the laws under which they are protected.
22. Please describe the legal means available under Indonesia's laws that allow interested parties
to obtain the protection required by Articles 22 and 23, and cite to the relevant provisions of law.
E. 
INDUSTRIAL DESIGNS
23. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of Indonesia's laws, and describe the protection provided.
24. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of the law under which such protection is provided.IP/C/W/174
Page 18
F. PATENTS
25. Please describe in detail how Indonesia's patent law implements all of the requirements of
Article 27.1 of the TRIPS Agreement.
26. Please describe in detail any exceptions from patentability that are contained in Indonesia's
patent law and describe how the requirements for protection of micro-organisms and fornon-biological and microbiological processes are met.
27. Please describe in detail the protection provided for plant varieties under Indonesia's laws and
cite to the relevant provisions of law.
28. Please describe the rights granted to owners of patents under Indonesia's patent law or
regulations and cite the appropriate provisions of those laws or regulations.
29. Please describe the nature of the disclosure required of patent applicants under Indonesia's
patent law.
30. Under Indonesia's patent or other laws or regulations, can compulsory licences be issued, and,
if so, cite the relevant sections of law, and describe in detail the nature of such licences and the
conditions under which they can be issued.
31. Please indicate whether Indonesia's patent law or regulations provide an opportunity for
judicial review of decisions to revoke or forfeit a patent as required by Article 32 of theTRIPS Agreement and indicate the body to which such an appeal would be made.
32. What term of protection does Indonesia's patent law provide for patents?  Does the law
contain any provisions for extension of the term, and, if so, provide information on such extensions
and the conditions that give rise to them?
33. Under what circumstances can the burden of proof in a process patent infringement action be
placed on the defending party as required by Article 34 of the TRIPS Agreement?  Please cite to the
relevant provisions of law.
G. 
LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
34. Please describe in detail the protection provided under Indonesia's laws and regulations for
layout-designs of integrated circuits as required by section 6 of Part II of the TRIPS Agreement andcite to the relevant provisions of those laws.
35. What is the term of protection, measured from what date?
H. 
PROTECTION OF UNDISCLOSED INFORMATION
36. Please describe in detail the protection Indonesia's law provides for undisclosed information
as required under Article 39.2 of the TRIPS Agreement and provide citations to the relevant
provisions of law.
37. Please describe in detail the protection provided under Indonesia's laws for test data regarding
pharmaceutical and agricultural chemical products submitted to obtain marketing approval in
Indonesia and cite to the relevant provisions of law.
38. Please explain whether other applicants for marketing approval for their own versions of a
previously approved pharmaceutical or agricultural chemical product are permitted to rely on dataIP/C/W/174
Page 19
submitted by the earlier applicant.  If so, how long a period of exclusivity is given the earlier applicant
before such reliance by other parties becomes possible?
I. ENFORCEMENT
General Provisions
39. Please briefly describe how the Government of Indonesia fulfils the requirements of TRIPS,
Article 41, including 41(1), (2), (3) and (4).
40. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial or administrative proceedings have been initiated against them.
Please describe the information provided in such notice.  (TRIPS, Article 42)
Civil and Administrative Procedures and Remedies
41. In answer to question 2 of the enforcement ch ecklist, Indonesia states that it would be an
exceptional case for right holders to be required to appear personally since parties can submit
evidence through sworn affidavits.  Please describe under what circumstances a party would be
required to appear in person and give examples.
42. Please describe in detail any limitations under Indonesia's laws or practices on a party's ability
to substantiate a claim or to present relevant evidence in civil judicial or administrative intellectual
property cases.
43. Please describe the provisions in Indonesia's laws and practices that ensure that intellectual
property infringement cases are handled expeditiously, including to prevent deliberate delays by the
parties to a proceeding.  Under what circumstances would the latter provisions be applied?
44. In response to question 3 of the enforcement checklist, Indonesia states that refusal to comply
with an order to produce evidence is a contempt of court and that the consequences of such a
contempt of court are set out in Article 316 of the Civil Code.  Please describe those consequences
and describe the circumstances under which those actions are normally imposed in civil judicial and
administrative enforcement actions.
45. How long in practice does it generally takes to obtain the injunctive relief (or equivalent
measures) identified from the time of the request for relief until its grant?  What evidence must
typically be provided to establish a party's right to each of the types of relief identified and what are
the conditions imposed on obtaining such relief?
46. Article 44.2 of the TRIPS Agreement provides an exception to the requirement in paragraph 1
of that Article for government use or use by third parties authorized by the government, limiting the
remedy for infringement to payment of adequate re muneration as provided in Article 31(h).  Please
describe any such limitations on remedies in the laws of Indonesia and cite to those provisions.
47. In response to question 5 of the enforcement checklist, Indonesia states that generally,
damages for infringement would normally be limited to the actual damages, but that recovery of lost
profits may also be claimed if a sound basis for such a claim is established in the lawsuit.  Please
describe what would be required to establish such a sound basis.
48. Please describe any additional remedies (e.g., disposal of goods and destruction of materials
and implements used to create infringing goods) that judicial and administrative officials may impose
in civil judicial and administrative intellectual property infringement cases and the circumstancesIP/C/W/174
Page 20
under which those remedies will be imposed.  What factors are considered in determining which kind
of remedy to impose?
Provisional Measures
49. In response to question 10 regarding preliminary injunctions, Indonesia states that
"injunction" under the Indonesian legal system is a kind of provisional decision made after the court
session has taken place.  Please explain in greater detail the nature of such provisional decisions and
the practical results of such a decision.
50. In response to question 11 of the enforcement checklist, Indonesia states that there are no
provisions in the Indonesian intellectual property legislation for measures to be ordered inaudita
altera  parte , except in Articles 54 and 58 of the Customs Law (Law Nº 10 of 1995).  Please describe
the actions planned by the Government of Indonesia to amend its law to authorize such remedies asrequired under Article 50.2 of the TRIPS Agreement.
Border Measures
51. Please provide statistics regarding the suspension by customs authorities of imports and
exports of counterfeit trademarked goods and pirated copyrighted works to date, including the numberand kind of goods and the results of subsequent legal action by the right holders.
52. Please clarify whether de minimus  imports are excluded from the border measures under
Indonesian law.  What constitutes a de minimis  import?  (TRIPS, Article 60)
53. In response to question 15 of the enforcement checklist, Indonesia states that the
implementation of the provisions of Articles 54 to 63 of its Customs Law dealing with intellectualproperty rights, other than those related to trademarks and copyright, is being conducted gradually,
taking into account the ability and readiness of the management of the system of intellectual property
rights.  Please describe the progress made to date in this implementation.
Criminal Provisions
54. In answer to question 23 of the enforcement checklist, Indonesia notes that right holders do
not have standing to initiate criminal actions but they can file a complaint with the police, the customs
officials or the PPNS.  Please provide statistics regarding the number of complaints filed and the
number of investigations initiated as a result of these complaints.
55. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
56. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, including the number of
raids, prosecutions, convictions and the amount of fines and/or jail terms (including whether the fineswere 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.
57. Please describe any new initiatives the Government of Indonesia might have planned to
improve enforcement, particularly criminal en forcement, of intellectual property rights.IP/C/W/174
Page 21
ISRAEL
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 national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Section 1(2) of the Copyright Act of 1911 states that "'copyright' means the right to produce
or reproduce the work or a substantial part thereof in any material form whatsoever, ... Article 19(1)
provides that copyright subsists in records, perforated rolls, and other contrivances by means of which
sound may be mechanically reproduced, in like manner as if such contrivances were musical works,...".  Please confirm that these provisions ensure that producers of phonograms enjoy the right to
authorize or prohibit the direct or indirect reproduction of their phonograms and describe the manner
in which that is accomplished.
3. In section 3B of the Copyright Ordinance (IP/ N/1/ISR/C/2) and subseq uent sections, the word
"cassette" is crossed out and "recordable media" is inserted.  Does this indicate that an amendment hasbeen made to the Ordinance and, if so, please provide a citation to the legislation that made the
amendment?  If the handwritten insertion does not indicate an amendment, please explain its source
and meaning.
4. Section 6(2) of the Copyright (TRIPS Agreemen t) Order, 5760-1999, provides a rental right
under section 3F of the Copyright Ordinance for sound recordings "other than the rental of soundrecordings that form part of another object that is the principle object for hire".  The quoted language
is nearly identical with that in Article 11 of the TRIPS Agreement which is intended to except from
the rental right for computer software the rental of operating system software installed in a rented
computer.  Please explain what "objects" would be covered by the exception provided in section 6(2)
regarding sound recordings.
5. Section 12(a) of the Law to Amend Intellectual Property Laws:  Modifications to Implement
the Provisions of the TRIPS Agreement, 5760-1999 states that the addition to section 3F1 of the
Copyright Ordinance, which makes rental of co mputer programs for commercial purposes an
infringement of the copyright, does not apply "the hiring of computer software acquired prior to the
date of commencement".  Article 70.2 of the TRIPS Agreement requires that TRIPS gives rise to
obligations in respect of all subject-matter (computer programs) existing at the date of application of
this Agreement for the Member in question (1 January 2000), and which is protected (copyright) inthat Member on said date ... .  Please explain how the exception to the application of section 3F1
provided by section 12(a) is consistent with the requirements of Article 70.2.
C. 
TRADEMARKS
6. The amendment to section 59 of the Trademarks Ordinance by the TRIPS implementing
legislation limits the remedies available to owners of well-known trademarks for infringement of theirmarks to injunctions only.  Please indicate the section or sections of the TRIPS Agreement that
authorize such limitations on remedies.
7. Subsection (3) provides that a well-known trademark is protected against a misleading use for
the purpose of "goods in respect of which the mark is known or for the purpose of goods in the same
class...".  The TRIPS standard, as set out in Article 16.1, is to provide protection against "goods orservices, which are identical or similar to those in respect of which the trademark is registered...".IP/C/W/174
Page 22
There is no limitation to goods in the same class.  (This same comment applies to subparagraph (12)
added to Article 11.)
8. It appears that the additional subparagraph (12) for Article 11 provides protection for "wine
and alcoholic beverage(s)" rather than wines and spirits as set out in Article 23 of TRIPS.  Is there a
definition of "alcoholic beverages" that sets out what is considered an "alcoholic beverage"?
9. TRIPS Article 19.2 provides that:  "[W]hen subject to the control of its owner, use of a
trademark by another person shall be recognized as use of the trademark for the purpose of
maintaining the registration".  It appears that section 41 and its new amendments do not allow the
owner of a trademark to claim use by a licensee or other authorized person unless the owner has
recorded such a licence under section 50 of the law.  If so, these provisions are inconsistent with
Article 19.2.
D. GEOGRAPHICAL INDICATIONS
10. Section 11 of the trademark law specifies marks that may not be registered.  Paragraph 6 of
that section prohibits registration of marks that contain a false indication of origin and paragraph 11
prohibits registration of a mark of geographical significance.  The purpose of these prohibitions, and
the basis for refusal of registration in sections 12 and 13 help to ensure honest business practices and
to prevent consumer confusion.  The Appellations of Origin law does not contain any provisionsaimed at ensuring that a newly applied for geographical indication should be refused if it is identical
or similar to an existing registered or well-known trademark.  Why has the first-in-time, first-in-right
principle not been applied?
11. In addition, because geographical indications and appellations of origin are dealt with under
different chapters of the Israeli law, an argument can be made that where the law refers togeographical indications, such as in subsection 33(a) it excludes appellations of origin, unless they are
expressly mentioned.  If the law were interpreted in  that manner, a trademark owner would not be able
to assert its rights effectively against an appellation of origin.  Does the law permit the owner of a
trademark to assert its rights against an appellation of origin and, if so, how?
12. Article 16.1 of the TRIPS Agreement provides that  the owner of a registered trademark shall
have the exclusive right to prevent all third parties not having his consent from using in the course of
trade identical or similar signs for goods or services.  If the trademark owner cannot object to the
registration of an appellation of origin, then it has lost its right to exclusive use under 16.1.
Article 24.5 provides applicable time-periods to protect pre-existing trademark rights.  Does the
Israeli law protect that right to exclusive use?
E. 
PATENTS
13. Section 128 of the patent law states that com pulsory licences and their conditions are to be
treated like a voluntary licence between the patentee and another party.  Please explain in detail the
implications of that provision.
14. Please describe in detail the manner in which plant varieties are protected in Israel and cite to
the appropriate provisions of law.
F. PROTECTION OF UNDISCLOSED INFORMATION
15. Section 7(a)(1) of the Commercial Torts Law states that a person shall not be liable for
misappropriation of a trade secret if the knowledge latent in the trade secret came into his possession
in the course of his employment with the owner of the trade secret and such knowledge became partIP/C/W/174
Page 23
of his general professional skills.  Please explain in detail what is covered by that section and provide
examples of what would and would not be included.
16. Please describe in detail the way in which the appropriate agencies in the Government of
Israel protect undisclosed test and other data submitted to obtain marketing approval for
pharmaceutical and agricultural chemical products against unfair commercial use.
17. Please describe in detail requirements imposed on government employees to ensure that such
data is not disclosed.
G. ENFORCEMENT
*For each of the responses provided to the questio ns below, please cite to all relevant statutes,
regulations or other legal authority under Israel's law.
General Provisions
18. Please describe how the Government of Israel meets the requirements of TRIPS, Article 41,
including 41.1, 41.2, 41.3 and 41.4.  In particular, please explain how the laws of Israel provide for
effective action against infringement of intellectual property rights as required by Article 41.1 of the
TRIPS Agreement.
19. Please identify which courts have original jurisdiction over intellectual property infringement
cases, and which courts have appellate jurisdiction to review their decisions.  What legal limitations
are placed on the ability of a party to have procedural rulings and final decisions reviewed by the
appellate bodies you have identified?  (TRIPS, Article 41)
20. Please identify any administrative agencies that have jurisdiction over intellectual property
infringement matters and describe in detail the scope of their jurisdiction.  (TRIPS, Article 41)
21. Please identify which courts have appellate jurisdiction to review the decisions by the
administrative agencies identified in response to question 3 and describe in detail the scope of their
jurisdiction.
Civil and Administrative Procedures and Remedies
22. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial proceeding s have been initiated against them.  Also, describe
the type of information provided in the notice.  (TRIPS, Article 42)
23. Do parties have the right to be represented by independent legal counsel in civil judicial and
administrative intellectual property (IP) cases, and are there any limitations on that right?  Are there
any special requirements concerning mandatory personal appearances by parties?  (TRIPS, Article 42)
24. What requirements must a foreign party meet to initiate a proceeding in the courts and
administrative bodies identified above that is not required of a national or resident of your country?
25. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrative IP cases.  (TRIPS, Article 42)
26. Describe the mechanisms for identifying and protecting confidential information in civil
judicial and administrative IP cases.  (TRIPS, Article 43.1)IP/C/W/174
Page 24
27. What provisions ensure that intellectual property infringement cases are handled in an
expeditious manner and what provisions are available to prevent deliberate delays by the parties to a
proceeding?  Under what circumstances are such provisions applied?
28. Please describe how and under what circumstances judicial and administrative officials may
order parties to produce relevant evidence in civil judicial and administrative IP cases.  What types ofevidence or information may be required to be disclosed prior to trial and how long does this pre-trial
disclosure period generally last?  (TRIPS, Article 43.2)
29. What kinds of actions may judicial and administrative officials take if the party fails to
provide the necessary information?  Please describe the circumstances under which those actions are
normally imposed in civil judicial and administrative enforcement actions.  (TRIPS, Article 43.2)
30. Do judges and administrative officials have the authority to issue injunctions (or equivalent
measures) to order a party to desist from an infringement and to prevent infringing goods fromentering the channels of commerce?  Please describe, in detail, the procedures for issuing such
injunctions.  (TRIPS, Article 44.1)
31. How long in practice does it generally take to obtain the injunctive relief (or equivalent
measures) identified in response to question 13 from the time of the application to its grant?  What
evidence must typically be provided to establish a party's right to each of the types of relief identifiedand what are the conditions imposed on obtaining such relief?  (TRIPS, Article 44)
32. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or
use by third parties authorized by the government , limiting the remedy for infringement to payment of
adequate remuneration as provided in Article 31(h).  Are there any such limitations on remedies in the
laws of Israel?
33. Please explain whether judicial and administrative officials have the authority to order a party
found to be infringing to pay the right holder dama ges adequate to compensate for the injury caused
by the infringement and expenses, including attorney's fees.  What factors are considered in
establishing the amount of damages?  (TRIPS, Article 45)
34. Please describe any additional remedies (e.g., disposal of goods and destruction of materials
and implements used to create infringing goods) that judicial and administrative officials may impose
in civil judicial and administrative IP cases, the circumstances under which those remedies will be
imposed.  What factors are considered in determining which kind of remedy to impose?
(TRIPS, Article 46)
35. Do judicial and administrative officials have the authority to order infringers to provide right
holders with information on third parties involved in the production and distribution of infringing
goods or services and their channels of distribution?  Under what circumstances is this authorityexercised?  (TRIPS, Article 47)
36. Please explain whether public authorities and officials are exempt from liability for abuse of
enforcement procedures and describe the circumstances in which such limitations do not apply.
(TRIPS, Article 48)
Provisional Measures
37. Please identify the provisional measures available under the laws of Israel to prevent an
infringement of any intellectual property right occurring and to preserve relevant evidence in regard to
an alleged infringement.  (TRIPS, Article 50)IP/C/W/174
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38. Please briefly describe:
(a) Any requirements to establish "irreparable harm" to the right holder.  (TRIPS,
Article 50.2)
(b) Factors considered by judicial and administrative authorities in determining whether a
"demonstrable risk of evidence being destroyed exists".  (TRIPS, Article 50.2)
39. For each kind of intellectual property that is the subject of TRIPS, what kind of evidence is
required by right holders to establish ownership of the intellectual property in question and that their
right is being infringed?  (TRIPS, Article 50.3)
40. Are right holders required to provide a security or equivalent assurance to protect the
defendant and to provide against abuse and how is that amount determined?  (TRIPS, Article 50.3)
41. Please briefly describe the following:
a) The authority judicial and administrative officials have to adopt provisional measures
inaudita altera parte , and what measures may be adopted inaudita altera parte .
(TRIPS, Article 50.4)
b) Does the exercise of the authorities identified above require a court order?
(TRIPS, Article 50.4)
42. For each of the measures identified above, generally how long does it take from the
application for such relief until its grant?
43. Please describe the procedures for notifying affected parties after execution of the provisional
measures and initiating a review.  (TRIPS, Article 50.4)
44. Please describe the kind of information required from applicants to identify goods which are
the subject of provisional measures.  (TRIPS, Article 50.5)
45. Please describe the nature of the proof required from applicants before such provisional
measures are granted for each type of intellectual property protected under TRIPS.(TRIPS, Article 50)
46. Please describe the procedures for revoking or cancelling provisional measures in judicial and
administrative enforcement actions if proceedings leading to a decision on the merits of a case are not
initiated within a reasonable time.  What constitutes a "reasonable time-period" to initiate
proceedings?  (TRIPS, Article 50.6).
47. Whether judicial and administrative officials have the authority to order that the defendant be
compensated for any injury suffered as a result of a lapse or revocation of provisional measures.(TRIPS, Article 50.7)
Border Measures
48. Please identify the competent authority in Israel authorized to accept applications for a
request to suspend release of suspected infringing goods.  (TRIPS, Article 51)IP/C/W/174
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49. Please describe the procedures for protecting intellectual property at the border (e.g.,
application, required information, process and time-frame for notifying applicant of acceptance,
effective period for border enforcement action).  (TRIPS, Article 52)
50. Are procedures available to stop the export of infringing goods and goods shipped in-transit?
51. Please explain what evidence constitutes prima facie infringement for purposes of TRIPS,
Article 52?
52. Please verify that the competent authorities identified above are empowered to require
security or equivalent assurance.  (TRIPS, Article 53)
53. What procedures exist for notifying applicants of the suspension of release?
(TRIPS, Article 54)
54. Please identify the fora in which an applicant/party may initiate proceedings on the merits that
will allow customs authorities to hold the goods beyond 10 working days.  (TRIPS, Article 55)
55. Do judicial and administrative officials have the authority to order the applicant to pay the
importer, consignee or owner compensation for injury caused by wrongful detention or through the
detention pursuant to Article 55.  (TRIPS, Article 56)
56. Please explain the procedures for allowing right holders an opportunity to inspect suspect
goods that have been detained by customs authorities.  (TRIPS, Article 57)
57. Please explain whether the competent authorities in Israel are empowered to act ex officio
and, if so, the enforcement action that may be taken.  (TRIPS, Article 58)
58. Please describe the remedies for infringing goods (i.e., destruction, disposal or both).
(TRIPS, Article 59)
59. Please clarify whether de minimis  imports are excluded from the border measures under
Israel's law.  If so, what constitutes a de minimis  import?  (TRIPS, Article 60)
Criminal Procedures
60. Please explain how Israel meets its obligations  under Article 61 of TRIPS to provide for
deterrent criminal sanctions for trademark counterfeiting and copyright piracy?  (TRIPS, Article 61)
61. Please explain whether and under what circumstances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penalties would
be imposed.  (TRIPS, Article 61)
62. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1996, 1997, 1998 and 1999, including the number of cases filed;  injunctionsissued;  infringing products seized;  infringing equipment seized;  cases resolved (including
settlement);  and the amount of damages awarded.IP/C/W/174
Page 27
63. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1996 and 1997, 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 trademarkcounterfeiting.
64. Please describe any new initiatives the Government of Israel has planned to improve
enforcement, particularly criminal enforcement, of intellectual property rights.IP/C/W/174
Page 28
KOREA
A. COPYRIGHT AND RELATED RIGHTS
1. Articles 23 through 33 of Korea's copyright law provide limitations and exceptions to the
exclusive rights of owners of rights in various kinds of copyrighted works.  Please explain, with
respect to each Article separately, the means by which the exercise of these limitations and exceptions
avoids conflicting with the normal exploitation of the work and prejudicing unreasonably the
legitimate interests of the copyright owner, particularly in light of the express restriction on the
limitation to exclusive rights contained in Article 12.1 of the Computer Programs Protection Act.
2. Articles 47 through 49 provide for compulsory licences to be granted, in certain
circumstances, by the Ministry of Culture and Tourism as prescribed by Presidential Decree.  Please
explain in detail the manner in which each of these Articles is exercised and what, if any, remedy the
copyright owner has if it is dissatisfied with the compensation prescribed.
3. Article 52 of Korea's copyright law requires that transfers of an author's economic rights,
including the right of publication (Articles 58 and 60), be registered to be effective against thirdparties.  This registration requirement appears to be inconsistent with Article 5(2) of the
Berne Convention.  Please explain the steps being taken with regard to Article 52 to ensure that there
are no formalities imposed on authors' enjoyment and exercise of their rights.
4. Article 65-2(1) of Korea's copyright law gives performers whose work is recorded in a
phonogram the right to authorize the lending of the phonogram for commercial purposes.Article 67-2(1) gives phonogram producers the right to authorize lending of their phonograms for
commercial purposes.  Please explain how these rights are to be exercised in the event the performer
did not self-produce the phonogram on which the performer's performance is recorded.
5. The translation of Article 16(2) of the Computer Programs Protection Act appears to be
inaccurate if that provision is intended to be similar to the provisions of Article 43(2) of the copyrightlaw.  Could you please verify that the provision is intended to mean that one may not lend the original
or a copy of a protected computer program without the permission of the copyright owner?
6. Article 24 of the Computer Programs Protecti on Act requires that transfer of a computer
program copyright be registered if it is to be applicable to third parties.  Please explain the steps being
taken with regard to Article 24 to ensure that there are no formalities imposed on authors' enjoyment
and exercise of their rights.
7. In relation to the Addendum to the copyright law of 6 December 1995, please explain in detail
how protection has been restored for works, includ ing computer programs, that were in the public
domain in Korea without having a full term of protection there but which are still protected in their
country of origin.
B. 
TRADEMARKS
8. Article 97 bis(2), which is included in the section regarding penal provisions, provides that
infringing goods may not be seized if the trademarks may be easily detached without affecting the
function of the goods.  Please explain whether the infringer is allowed to retain these goods or if they
are used for another purpose, such as, as a contribution to charity.IP/C/W/174
Page 29
C. GEOGRAPHICAL INDICATIONS
9. What provisions of Korea's laws or regulations provide for the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Please provide citations to
those laws and, if the texts of the laws have not been notified to the WTO, please notify them pursuant
to Article 63.2.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
11. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and provide examples of such products
and the law under which they are protected.
12. What are the competent authorities where the protection of a geographical indication can be
obtained?
D. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of law under which such protection is provided.
E. PATENTS
14. Article 95 provides for the effects on a patent right that has been extended, as provided for
under Article 89 as a result of an extended period of time required for procedures to obtain marketing
approval for the patented product.  Please explain in greater detail what patent rights apply and with
respect to what actions.
15. Article 96(2) of the patent law states that the effects of the patent right for inventions or
medicines manufactured by mixing two or more me dicines, or for inventions of processes for
manufacturing medicines by mixing two or more  medicines, shall not extend to the acts of
manufacturing medicines in accordance with the Pharmaceutical Affairs Act or to medicines
manufactured by such acts.  Please explain in detail what manufacturing authorization is provided by
the Pharmaceutical Affairs Act.
16. Article 106 of the patent law provides for the expropriation of patent rights if an invention is
necessary for national defense in time of war.  Paragraph 2 of the Article states that the rights to the
invention, other than the patent right, expire if the patent right is expropriated.  Please explain why it
is necessary for the inventor's rights to expire, since anything from soap to shoes to sealing wax could
be determined to be necessary for national defense in time of war.
17. Article 107 of the patent law provides for compulsory licensing in a number of circumstances.
The provision does say that request for such a licence can only be made if consultation with the
patentee or exclusive licensee is not possible or no agreement is reached from such consultations.What steps are taken to ensure that the applicant for the licence has sought an agreement with the
patentee or exclusive licensee on reasonable commercial terms?
18. Article 116 provides that a patent may be cancelled, ex officio or on the request of any
interested party, if it has not been worked continuously from the date the compulsory licence,
provided for under Article 107, is issued.  Please describe the provisions available that permit thepatentee or the party that obtained the licence und er Article 107 to show that there are justifiable
reasons for the lack of working.IP/C/W/174
Page 30
19. Chapter IX of the patent law gives the Patent Court of Korea original jurisdiction over
infringement actions and appeals from decisions of the Korean Industrial Property Office.  Please
describe in detail the make up of the court and indicate how judges are selected and appointed to serve
on the court.
F. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical products in order to obtain marketing approval in the
territory of the Republic of Korea.
21. Chapter III of Korea's Unfair Competition Prevention and Trade Secret Protection Act does
not seem to provide those in possession of undisclosed information, comprised of data that must be
submitted to regulatory authorities to obtain marketing approval for pharmaceutical or agricultural
chemical products, with the ability to take action against government officials of such regulatoryauthorities who disclose information in a manner inconsistent with Article 39.3.  Please describe the
provisions of Korea's laws that would prevent such disclosure or would provide a remedy should
disclosure occur.
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 earlierapplicant.  If so, when does such reliance become possible?
G. 
ENFORCEMENT
Questions Based on Responses to Checklist of  Issues on Enforcement (Document IP/C/5)
Civil and Administrative Procedures and Remedies
23. a) Please clarify whether intellectual property infringement cases involving amounts
exceeding W 30,000,000 would be adjudicated before the collegiate division instead
of the District Court.
b) Please describe in detail the procedures for filing and appealing intellectual property
infringement cases before the District, High and Supreme Courts.
24. Please explain the circumstances under which the Copyright Management Services have the
authority to assert intellectual property rights and appear in court on behalf of copyright holders.
Describe in detail the nature of their duties.
25. Is it necessary in respect to each form of intell ectual property for foreigners to be represented
by legal counsel from Korea before the courts in Korea?
26. Please clarify the circumstances under which a person would be justified in refusing to
produce a document in an intellectual property infringing case.
27. Please elaborate on the procedures for protecting confidential information in intellectual
property infringement cases.
Expenses
28. Please identify each of the costs (i.e., attorney fees, etc.) in a lawsuit which the infringing
party could be ordered to pay pursuant to CCP Article 89.IP/C/W/174
Page 31
Destruction or Other Disposal of Infringing G oods and Materials/Implements for their Production
and any Other Remedies Necessary to Prevent the Infringement
29. Please explain what happens to goods determined to be infringing if the right holder does not
request that they be destroyed.
30. What is the final disposition of equipment used in infringing activity when a judge orders it
removed?
31. Describe some of the other measures judges can order to prevent further infringing activity.
Proper Measures to Restore the Credit and Reputation of the Right Holder
32. Please describe the measures that a patent holder could require an infringing party to take to
restore his credit and reputation lost due to the infringing activity.
Indemnification of Defendants
33. Please clarify whether the indemnification provisions in Articles 750 to 766 apply to
defendants in trademark and patent infringement cases.
34. Please describe the basis on which compensation is determined under Copyright Act
Article 91.4.
Liability of Public Authority
35. Please clarify whether section 2 of the National Compensation Act applies to public officials
performing official duties within the context of intellectual property rights cases.
36. Please provide an estimate of the length and cost of infringement proceedings regarding each
form of intellectual property in Korea.
Provisional Measures
37. Please elaborate on how the procedures pertaining to provisional attachment and provisional
disposition apply in trademark, copyright and patent infringement cases.
Special Requirements Related to Border Measures
38. Please list the other types of infringements of intellectual property subject to investigation and
control under Article 14 of the Act on Judicial Police and Their Rights.
39. Do the procedures of Articles 146-2 of the Customs Act or Articles 127-6 through 127-9 of
the Enforcement Decree of the Customs Act apply to infringing goods shipped in transit?
40. Please describe the information required in the application form and the evidence necessary to
demonstrate proof of ownership to obtain suspension of the release of goods.
41. What kinds of assurances (i.e., bond) qualify as sufficient collateral to obtain suspension of
the release of infringing goods?
42. Does the importer also have the right to examine and take a sample of suspect goods pursuant
to Article 127-10 of the Enforcement Decree of the Customs Act?IP/C/W/174
Page 32
43. Please describe the judicial process for determining that imported or exported goods are
infringing and how is the decision communicated to Customs officials.
44. When Customs officers suspend the release of goods acting on their own initiative, without a
request from the right holder, who makes the legal de termination that the goods are clearly infringing?
45. Please provide a detailed description of the procedures Customs officials use when they act
on their own initiative in intellectual property cases.
46. How are goods disposed of which are confiscated pursuant to Article 97-2 of the Trademark
Right Act or Article 101 of the Copyright Act?
47. Can goods determined to be infringing be re-exported to the country of origin?  If yes, can
they be re-exported in an unaltered state?
Criminal Procedures
48. Clarify which judges at the District Court have authority to hear appeals in intellectual
property cases originally tried by a single judge of the District Court.
49. Specify which intellectual property infringement cases require a complaint from the right
holder before they can be prosecuted.
50. Please clarify whether fines and imprisonment are sanctions available in trademark cases.
51. Under what circumstances will a fine v. imprisonment be ordered as the sanction in a criminal
case involving intellectual property?
52. Is three months the normal length of time it takes to prosecute criminal cases involving
intellectual property?
53. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1996 and 1997, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
54. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1996 and 1997, 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.
55. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Korea, particularly initiatives related to criminal enforcement.IP/C/W/174
Page 33
MACAU, CHINA
A. GENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain the manner in which the laws of Macau ensure that
nationals of other WTO Members receive national treatment and most favoured nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Macau complies with Article 9 of the
TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the BerneConvention (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 Macau protects computer programs as literary works
and compilations of data as required by Article 10 of the TRIPS Agreement.
4. Article 11 of the TRIPS Agreement  protects rental rights for computer programs and
cinematographic works.  Please describe and cite to the corresponding provision of the copyright law
of Macau.
5. Please explain how the term translated as "material reciprocity" in Article 50(2) of the
copyright law of Macau is interpreted in determining whether a foreign work is entitled to protection.
6. Please explain what kinds of activities are envi sioned by the exception to copyright, in Article
61(l), translated as "scientific or humanitarian purposes".
7. Please state the terms of protection the copyright law of Macau provides  for works of authors
other than a photographic work or a work of applied art and cite to the relevant provisions of law.
8. Please describe the protection the copyright law and neighbouring rights law of Macau
provides for performers, and give the term of the protection.
9. Article 14.2 of the TRIPS Agreement requires that producers of phonograms be given the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms 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
neighbouring rights law of Macau fulfils these obligations and give the term of protection provided.
C. TRADEMARKS
10. Article 14.1 of Macau's Decree-Law No. 56/95 prov ides that a trademark may consist of one
or more words or figurative or emblematic designs that, applied to goods or their packaging,
distinguish those goods from identical or similar goods.  Article 15.1 provides that the words in a
trademark must be in Portuguese, Chinese, or English.  Please explain how Macau ensures that
trademarks comprising invented words, such as Kodak or Xerox, can be registered and protected in its
territory?
11. Article 43(d) of Decree-Law No. 56/95 authorizes refusal of a trademark registration because
the applicant is likely to practice unfair competition, or if this might occur for reasons beyond hisIP/C/W/174
Page 34
control.  Please describe in detail what is envisioned by this section, describe the procedure followed
to establish such a likelihood, and give examples indicating the scope of the authorities.
12. Article 45.1 of Macau's Decree-Law No. 56/95 enab les owners of marks that are well-known
in Macau to oppose the registration of a trademark that is identical or similar or a translation of that
mark when used on identical or similar goods.  Article 74.1(b) provides for cancellation of aregistration for similar reasons.  Please describe how, in addition to enabling the owners of well
known marks to oppose registrations of trademarks under that Article, the laws of Macau protect well
known trademarks.
13. The English text of Article 69.1 of Macau's Decree-Law No. 56/95, contained in
IP/N/1/MAC/T/1, refers to "the right to the invention".  Please confirm whether this is a
mistranslation and that "trademark" is the correct term.
14. Article 76 of Macau's Decree-Law No. 56/95 prov ides criminal penalties for infringement of
a trademark.  Please describe in detail and cite to the provisions under which the owner of a registered
trademark can bring a civil action against one who infringes the registered mark.
D. G
EOGRAPHICAL INDICATIONS
15. Article 252.1(a) of Macau's Decree Law No. 16/95 st ates that applications for appellations of
origin or geographical indications must indicate the name of the individual persons or corporatebodies, public or private, with capacity to acquire the registration.  Please explain what factors
determine who or what bodies have the capacity to acquire such registration and who or what bodies
may file such applications for registration.
E. I
NDUSTRIAL DESIGNS
16. Please describe in detail the protection available for textile designs, including the manner in
which rights are acquired, the nature of the rights and their term.
F. PATENTS
17. Article 47.2 of Macau's Decree Law No. 16/95 specifies that process inventions are
patentable, but Article 96.2 appears to specify only acts that would enable the owner of a patent for a
product invention to prevent third parties from infringing its patent.  Please explain what rights areprovided to the owner of a process patent and cite to the appropriate provision of law.
18. Article 101 provides for compulsory licenses with regard to patents granted for subject-matter
that constitutes a legal monopoly.  Please identify the legal monopolies that exist in Macau.  In
addition, please explain in detail how each of the criteria established by Article 31 of the TRIPS
Agreement is met.
19. Article 102 of Macau's Decree Law No. 16/95 expressly provides for expropriation of patent
rights for a public purpose and on payment of an indemnity.  Please explain why such a provision isthought necessary given the flexibility provided by Article 31 and indicate what provisions under the
TRIPS Agreement would authorize such expropriation.
20. Article 103 provides for the grant of a compulsory  license if the patentee fails to "work" the
invention in Macau or in the territory of the European Community.  Article 104 appears to require that
manufacture take place in Macau or the territory of the European Community.  In light of therequirements of Article 27.1 of the TRIPS Agreement, please verify that the working requirement can
be satisfied by importing the product into the territory of Macau.  If that is not the case, please explain
how this discrimination based on whether a product is imported or locally produced can be justified inIP/C/W/174
Page 35
light of the prohibition of such discrimination in Article 27.1 of the TRIPS Agreement.  In addition,
please explain how the exception for working in the territory of the European Community, without
extending such exception to workin g within the territory of all other WTO Members can be justified
in light of Article 4 of the TRIPS Agreement.
21. Article 104.1(b) and Article 106 provide for compulsory licenses to be granted for export
production.  Please explain how this can be justified in light of Article 31(f) of the TRIPS Agreement.
G. INTEGRATED -CIRCUIT LAYOUT DESIGNS
22. Please explain in detail the protection provided for integrated circuit layout designs under the
laws of Macau.
H. UNDISCLOSED INFORMATION
23. Article 260(i) appears to make misappropriation of trade secrets a crime and establishes
maximum penalties.  Please describe the information that would comprise an industry or trade secretand indicate the nature of the proof required to demonstrate that misappropriation has taken place.
24. Please describe in detail the protection provided data required to be submitted to obtain
marketing approval for agricultural chemicals and pharmaceuticals, indicating the responsible
government agency and citing to the relevant provisions of law.
I. E
NFORCEMENT
General Provisions
25. Please briefly describe how the Macau meets the requirements of TRIPS, Articles 41.1, 41.2,
41.3 and 41.4.  In particular, please explain how the laws of Macau provide for effective action
against infringement of intellectual property rights as required by Article 41.1 of the TRIPSAgreement.
26. Please identify which courts have original jurisdiction over  intellectual property infringement
cases, and which courts have appellate jurisdiction to review their decisions? What legal limitations
are placed on the ability of a party to have procedural rulings and final decisions reviewed by the
appellate bodies you have identified?  (TRIPS, Article 41)
Civil and Administrative Procedures and Remedies
27. Macau's Decree-Law No. 16/95 appears to provide for criminal actions and penalties for
infringement of rights covered by the agreement,  but does not spell out the procedures for civil
enforcement.  Please provide details regarding th e civil procedures used for enforcing industrial
property rights.
28. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial proceeding s have been initiated against them.  Also, describe
the type of information provided in the notice. (TRIPS, Article 42)
29. Do parties have the right to be represented by independent legal counsel in civil judicial and
administrative intellectual property cases, and are there any limitations on that right?  Please describe
any special requirements concerning mandatory personal appearances by parties.  (TRIPS, Article 42)
30. What requirements must a foreign party meet to initiate a proceeding in the courts and
administrative bodies identified that is not required of a national or resident of your country?IP/C/W/174
Page 36
31. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrative intellectual property cases.  (TRIPS, Article 42)
32. Please describe the mechanisms for identifying and protecting confidential information in
civil judicial and administrative intellectual property cases.  (TRIPS, Article 43.1)
33. What provisions ensure that intellectual property infringement cases are handled in an
expeditious manner and what provisions are available to prevent deliberate delays by the parties to a
proceeding?  Under what circumstances are such provisions applied?
34. Please describe how and under what circumstances judicial and administrative officials may
order parties to produce relevant evidence in civil judicial and administrative intellectual property
cases. What types of evidence or information may be required to be disclosed prior to trial and how
long does this pre-trial disclosure period generally last?  (TRIPS, Article 43.2)
35. What kinds of actions may judicial and administrative officials take if the party fails to
provide the necessary information?  Describe the circumstances under which those actions  are
normally imposed in civil judicial and administrative enforcement actions.  (TRIPS, Article 43.2)
36. Do judges and administrative officials have the authority to issue injunctions (or equivalent
measures) to order a party to desist from an infringement and to prevent infringing goods from
entering the channels of commerce? Please describe, in detail, the procedures for issuing suchinjunctions.  (TRIPS, Article 44.1)
37. How long in practice does it generally take to obtain the injunctive relief (or equivalent
measures) from the time of the application to its grant? What evidence must typically be provided to
establish a party's right to each of the types of relief identified and what  are the conditions imposed
on obtaining such relief?  (TRIPS, Article 44)
38. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or
use by third parties authorized by the government , limiting the remedy for infringement to payment of
adequate remuneration as provided in Article 31(h).  Are there any such limitations on remedies in the
laws of Macau?
39. Please explain whether judicial and administrative officials have the authority to order a party
found to be infringing to pay the right holder dama ges adequate to compensate for the injury caused
by the infringement and expenses, including attorney's fees.  What factors are considered in
establishing the amount of damages?  (TRIPS, Article 45)
40. Please describe any additional remedies (e.g. disposal of goods and destruction of materials
and implements used to create infringing goods) that judicial and administrative officials may impose
in civil judicial and administrative intellectual property cases, the circumstances under which those
remedies will be imposed.  What factors are considered in determining which kind of remedy toimpose?  (TRIPS, Article 46)
41. Please indicate whether judicial and administrative officials have the authority to order
infringers to provide right holders with informa tion on third parties involved in the production and
distribution of infringing goods or services and their channels of distribution and describe the
circumstances under which such authority is exercised?  (TRIPS, Article 47)
42. Please explain whether public authorities and officials are exempt from liability for abuse of
enforcement procedures and describe the circumstances in which such exemptions do apply.  (TRIPS,
Article 48)IP/C/W/174
Page 37
Provisional Measures
43. Please identify the provisional measures available under the laws of Macau to prevent an
infringement of any intellectual property right occurring and to preserve reserve relevant evidence in
regard to an alleged infringement.  (TRIPS, Article 50)
44. Please briefly describe:
a) Any requirements to establish "irreparable harm" to the right holder.  (TRIPS,
Article 50.2)
b) Factors considered by judicial and administrative authorities in determining whether a
"demonstrable risk of evidence being destroyed exists".  (TRIPS, Article 50.2)
45. For each kind of intellectual property that is the subject of TRIPS, what kind of evidence is
required by right holders to establish ownership of the intellectual property in question and that their
right is being infringed?  (TRIPS, Article 50.3)
46. Are right holders required to provide a security or equivalent assurance to protect the
defendant and to provide against abuse and how is that amount determined?  (TRIPS, Article 50.3)
47. Please briefly describe the following:
a) The authority judicial and administrative officials have to adopt provisional measures
inaudita altera parte , and what measures may be adopted inaudita altera parte .
(TRIPS, Article 50.4)
b) Does the exercise of the authorities identified above require a court order?  (TRIPS,
Article 50.4)
48. For each of the measures identified above,  generally how long does it take from the
application for such relief until its grant?
49. Please describe the procedures for notifying affected parties after execution of the provisional
measures and initiating a review.  (TRIPS, Article 50.4)
50. Please describe the kind of information required from applicants to identify goods which are
the subject of provisional measures. (TRIPS, Article 50.5)
51. Please describe the nature of the proof required from applicants before such provisional
measures are granted for each type of intellectual property protected under TRIPS.  (TRIPS,
Article 50)
52. Please describe the procedures for revoking or cancelling provisional measures in judicial and
administrative enforcement actions if proceedings leading to a decision on the merits of a case are not
initiated within a reasonable time. What cons titutes a "reasonable time-period" to initiate
proceedings?  (TRIPS, Article 50.6)
53. Please explain whether judicial and administrative officials have the authority to order that the
defendant be compensated for any injury suffered as a result of a lapse or revocation of provisional
measures.  (TRIPS, Article 50.7)IP/C/W/174
Page 38
Border Measures
54. Please identify the competent authority in Macau authorized to accept applications for a
request to suspend release of suspected infringing goods.  (TRIPS, Article 51)
55. Please describe the procedures for protecting intellectual property at the border (e.g.,
application, required information, process and time-frame for notifying applicant of acceptance,
effective period for border enforcement action).  (TRIPS, Article 52)
56. Please describe any procedures available to st op the export of infringing goods and goods in
transit and cite to the relevant provisions of law.
57. Please explain what evidence constitutes prima facie  infringement for purposes of TRIPS,
Article 52.
58. Please verify that the competent authorities identified above are empowered to require
security or equivalent assurance.  (TRIPS, Article 53)
59. Please identify what forms of intellectual property, if any, are subject to provisions of TRIPS
Article 53.2.
60. Please describe the procedures in Macau's customs law for notifying applicants of the
suspension of release.  (TRIPS, Article 54)
61. Please identify the fora in which an applicant/party may initiate proceedings on the merits that
will allow customs authorities to hold the goods beyond ten working days.  (TRIPS, Article 55)
62. Please explain the procedures for allowing right holders an opportunity to inspect suspect
goods that have been detained by customs authorities.  (TRIPS, Article 57)
63. Please clarify whether de minimis  imports are excluded from the border measures under  the
law of Macau.  What constitutes a de minimis  import?  (TRIPS, Article 60)
Criminal Provisions
64. Please explain whether and under what circumstances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademarkcounterfeiting or copyright piracy cases and describe the conditions under which such penalties would
be imposed.  (TRIPS, Article 61)
65. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated-cir cuit layout design, and trade secret enforcement for
each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the amount
of damages awarded.
66. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, 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 trademarkcounterfeiting.IP/C/W/174
Page 39
67. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Macau, particularly initiatives related to criminal enforcement.IP/C/W/174
Page 40
MALTA
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 national treatment and
most-favoured-nation treatment is provided to nationals of other WTO Members.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how Malta's copy right law 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 in
relations to the latter Article under the TRIPS Agreement.
3. Please explain how Malta's copyright law 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 protects rental rights for computer programs and
cinematographic works.  Please cite to the co rresponding provision of Malta's copyright law.
5. Please state the length and terms of protection provided by Malta's copyright law for a work
other than a photographic work or a work of applied art and cite to the relevant provision of law.
6. Please explain what protection Malta's copyright law provides for performers, and provide the
length and terms of the protection.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms shall enjoy the
right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2requires that producers of phonograms have the right to authorize or prohibit the commercial rental to
the public of originals or copies of their phonograms.  Please clarify whether and how Malta's
copyright law implements these obligations.
C. 
TRADEMARKS
8. Section 4(2)(c) of Malta's trademark law precludes registration of a mark consisting
exclusively of the shape which gives substantial value to the goods.  Please provide examples to
clarify the intent and scope of this section.
9. Section 4(4) precludes registration of a trademark if or to the extent its use is prohibited in
Malta.  Please provide examples to clarify the intent and scope of this section.
10. Please explain how the provision of section 6(4) of Malta's trademark law is interpreted and
provide examples that would clarify the scope and intent of the section.
11. Section 11 of Malta's trademark law states that a registered trademark is not infringed by the
use of another registered trademark in relation to goods or services for which the latter is registered.
Please explain how it would be possible for two trad emarks to be registered for similar goods or
services in light of the provisions of section 6.
12. Please explain whether Malta's trademark law presumes a likelihood of confusion where an
identical mark for identical goods and services is used without authorization on identical goods orservices as required.IP/C/W/174
Page 41
13. Please explain how Malta's law, in addition to section 6(4) of the trademark law, provides for
the protection of well-known trademarks and service marks, citing to the relevant provisions of law.
14. Please explain how Malta's trademark law comports with the use provision of Article 19 of
the TRIPS Agreement.
D. GEOGRAPHICAL INDICATIONS
15. If, in addition to the provisions of schedule 1 of Malta's trademark law dealing with collective
and certification marks, other laws or regulations provide for the recognition and protection of
geographical indications, please describe the provisions of those laws or regulations and provide
citations as appropriate.
16. In determining whether recognition should be given a geographical indication, what criteria
are considered?
17. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and give examples of such products
and the law under which they are protected.
18. Please describe the legal means available under the law of Malta, other than its trademark
law, that enable interested parties to ensure the protection required by Articles 22 and 23, and cite to
the relevant provisions of law?
E. INDUSTRIAL DESIGNS
19. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of Malta's law, and describe the nature of the protection provided.
20. Please describe the procedure that must be followed to obtain protection for textile designs
and cite to the provisions of the law under which such protection is provided.
F. PATENTS
21. Section 4(6) of Malta's patent law authorizes the Minister to make regulations to modify the
provisions of paragraph 4(5), except that dealing with inventions that would be contrary to public
order or morality, which prohibit the grant of patents under certain circumstances.  Have such
regulations been issued and, if so, please explain what modifications the regulations make.
22. Section 27 of Malta's patent law gives patent ow ners the rights required by Article 28 of the
TRIPS Agreement.  The section also gives patent owners the ability to stop others from inducing
others to commit infringing acts.  Please explain the criteria that would be considered by a judge in
determining whether such inducement existed.
23. Section 39(1) authorizes the Civil Court, First Hall, to direct the Comptroller to grant a
compulsory licence if the patented invention is not "worked" or is insufficiently "worked".
Paragraph (3) expressly states that importation would not constitute justification for non-working inMalta.  Please explain how Malta otherwise ensures that there is no discrimination in the enjoyment of
patent rights based upon where the product was made, as required by Article 27.1 of the
TRIPS Agreement.
24. Please state whether, under Malta's patent law or regulations, compulsory licences can be
issued, cite the relevant sections of law, and describe in detail the conditions under which they can beissued.IP/C/W/174
Page 42
25. Section 44(1) of the patent law establishes conditions under which the Comptroller may
invalidate a patent, but the section additionally auth orizes the Comptroller to invalidate a patent "on
any other ground".  Please explain the intent of this latter authority and give examples in order to
clarify the scope of the provision.
26. Please explain whether there is any means under the laws of Malta for extension of the term
of a patent, and, if so, provide information on such extensions and the conditions that give rise to
them.
27. Section 49 of the patent law enables an interested party to request, by bringing proceedings
against the patentee, that the Civil Court, First Hall, declare that the performance of a specific act does
not constitute an infringement of the patent.  Please explain whether it is necessary for the requestor to
demonstrate that there is a likelihood to believe that the patentee may bring suit for infringement
before the Civil Court, First Hall, will agree to consider the request for declaratory judgment.
G. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
28. What provisions of Malta's patent law provide for the protection for layout-designs of
integrated circuits (referred to in the TRIPS Agreement as "layout-designs") that are registered or
have been commercially exploited anywhere in the world, as outlined in Article 35 of the
TRIPS Agreement.  Please provide citations to those laws.
29. Please describe in detail the scope of protection provided for layout-designs under those laws.
30. For what term is protection provided for layout-designs?
H. PROTECTION OF UNDISCLOSED INFORMATION
31. Please describe in detail how Malta's law provides for the protection of undisclosed
information that is secret as defined in Article 39.2 of the TRIPS Agreement and provide citations tothe relevant provisions of law.
32. Please describe in detail the manner of protection if provided test data regarding
pharmaceutical and agricultural chemical products in order to obtain marketing approval in Malta and
cite to the relevant provisions of law.
33. 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
34. Please explain whether the laws of Malta provide for effective action against infringement of
intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
35. Article 42.4 of the TRIPS Agreement provides for appeals to judicial bodies of final
administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of
any act of infringement of intellectual property rights.  Please explain whether the laws of Malta
provide for such a mechanism.
36. Please elaborate on the procedures for filing and appealing intellectual property infringement
cases.IP/C/W/174
Page 43
37. Please describe the procedures for protecting confidential information in intellectual property
infringement cases.
38. Article 43.1 of the TRIPS Agreement authorizes judges 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 explain the provisions of Malta's laws or regulations that provide thisauthorization.
39. Article 44.1 of the TRIPS Agreement authorizes judges to enjoin a defendant, except the
government from infringing intellectual property rights.  Please cite to the provisions of Malta's laws
or regulations that provide this same authorization.
40. What provisions of Malta's laws or regulations authorizes judges to order the payment of
monetary damages adequate to compensate for the injury done by the infringement, as outlined in
Article 45.1 of the TRIPS Agreement?
41. Article 45.2 of the TRIPS Agreement authorizes judges to order the infringer to pay right
holders enforcement costs and recovery of profits and/or statutory damages.  Please site to the
provisions of Malta's laws or regulations that provide this same authorization.
42. Article 46 of the TRIPS Agreement authorizes additional remedies including seizure of
infringing goods, and the disposal of materials and implements used predominantly in the creation ofinfringing goods.  Please cite to the provisions of Malta's laws or regulations to provide this same
authorization.
43. According to Article 48.1 of the TRIPS Agreement, judges are authorized to indemnify a
defendant, including in the event of abuse by the plaintiffs.  Please cite to the corresponding provision
in Malta's laws or regulations.
44. Please explain how Malta's laws or regulations comports with Article 50 of the TRIPS
Agreement.
Special Requirements Related to Border Measures
45. Article 51 of the TRIPS Agreement requires that countries adopt procedures that enable right
holders to request suspension of the importation of counterfeit trademarked goods and pirated
copyrighted works.  Section 5(3)(a)(ii) states that, with respect to copyright or neighbouring rights,
the applicant must produce proof or authorship or of the person's status as a right holder.  Please
explain in greater detail, with examples, what kind of evidence would be considered to satisfy this
requirement.
46. Section 11 of the law dealing with importation of  infringing goods provides for fines for such
imports.  Please explain to whom the fine is payabl e and, if it is not to the party whose rights are
infringed and who, under section 5(7), is charged for the administrative costs of the procedures, please
explain why not.
47. Section 11(2) states that the proceedings under this section are to be conducted in accordance
with the provisions of the Criminal Code.  Pleas e describe how the procedure would work in this
regard.
48. Please explain whether procedures, permissible under Article 51 of the TRIPS Agreement, are
available to stop the re-export of goods suspected of infringing copyrights and/or trademarks.IP/C/W/174
Page 44
49. Article 57 requires that the competent authorities be able to authorize the right holder to
inspect the detained goods in order to substantiate  the claims.  Please explain how right holders are
provided an opportunity to inspect suspect goods that have been detained by customs authorities.
50. Article 57 also requires that, where the decision on the merits favours the right holder, the
competent authorities also may be given authority to give right holder information regarding the
importer, consignee or consignor.  If competent authorities in Malta can provide information
regarding the importer, consignee or consignor to the right holder, please explain how information
regarding names and addresses of consignors, importers and consignees and quantities of goods are
provided to the applicant after a positive decision of infringement is made, e.g., authorities
automatically providing information or by submission of a written request from the right holder, etc.
Please cite to the law or regulations providing such authority.
51. Article 58 specifies procedures to be followed where the competent authorities can act ex
officio.  Please explain whether the competent authorities in Malta are empowered to act ex officio
and, if so, please identify the intellectual property areas subject to ex officio action.
52. Article 59 identifies the remedies that are to be available, including destruction or disposal of
infringing goods outside the stream of commerce.  Please explain what the law in Malta permits
regarding the disposition of infringing goods, i.e., does the law allow for destruction, disposal or both.Please cite to the law or regulations providing such authority.
Criminal Procedures
53. Article 61 of the TRIPS Agreement requires that Members have criminal procedures and
penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least forcases of wilful trademark counterfeiting and copyright infringement on a commercial scale.  Please
describe the provisions of the law of Malta that fulfil that obligation and provide legal citations.
54. 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 explain the provisions in the laws of Malta that provide
for such remedies, and describe the circumstances in which those remedies would be imposed.  Please
provide legal citations.
55. 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 Malta that provide for such procedures and remedies.  Please provide legal citations.IP/C/W/174
Page 45
MEXICO
A. GENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain the manner in which the laws of Mexico ensure that
nationals of other WTO Members receive national treatment and most-favoured-nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain, and clarify, Article 133 of Mexico 's Copyright Law, which provides that, once
a phonogram has been exploited commercially "neither the owner of the economic rights nor theperformers nor the phonogram producers may object to its [the phonogram's] direct communication to
the public, provided that the persons using it for profit-making purposes make the corresponding
payment to them".  In addition, please indicate  how the provisions of Article 133 comply with
Article 11 bis of the Berne Convention, incorporated by Article 9 of the TRIPS Agreement.
3. Please explain, and clarify, how Article 198 of Mexico's Copyright Law, which permits
reciprocity for the collection of royalties for fore ign authors, complies with the national treatment
obligations of the Berne Convention and with TRIPS Article 3.
C. 
TRADEMARKS
4. Section 90.XV of Mexico's Industrial Property Law, as published in English in the June 1998
issue of WIPO's Intellectual Property Laws and Treaties , states that "three dimensional names,
figures or shapes identical or similar to a mark that the Institute considers well known in Mexico,
applied to any product or service", are not registerable as a mark.  Is the prohibition for registration
truly limited to "three dimensional" names, figures or shapes and, if so, please explain why the
prohibition against registration is so limited?
5. Article 129 of the Industrial Property Law appears intended to authorize the Institute to deal
with anti-competitive practices.  Please explain in detail what I-III means, giving actual examples,
where possible.  How many times has the authority been exercised since the law came into force?
D. GEOGRAPHICAL INDICATIONS
6. Title V bis of the Industrial Property Law establishes the procedure for applying for protection
for geographical indications in Mexico.  The process described is clear with respect to Mexico's own
geographical indications.  Please describe in detail, how foreign geographical indications would
receive protection in Mexico.  Would the Mexi can State claim ownership of the geographical
indication pursuant to Article 167 and would individual users of the indication have to apply for
authorization to use the geographical indication in Mexico?
7. Since Articles 96 through 98 of the law on industrial property provide for collective marks,
might an entity recognized as responsible for a geographical indication in another WTO Member be
able to apply for protection of that indication in Mexico as a collective mark and receive the samelevel of protection that would be accorded under Title V bis of the law?  Please describe in detail the
differences, if any, between the two forms of protection.IP/C/W/174
Page 46
8. There does not appear to be any means that would allow a party that objects to the grant of
protection for a geographical indication in Mexico to oppose that grant.  Please describe in detail any
procedures that might be used by a party to oppose a request for the grant of protection of a
geographical indication.
9. If a registered trademark or a well-known trademark exists that incorporates the term for
which a request is made for protection as a geographical indication, is protection refused on the basis
of the existing right in the trademark?  If not, why not?
E. PATENTS
10. Article 192 bis.1 provides for reversal of the burden of proof in cases of patent infringement
under the Administrative Declaration Procedure in cases involving process patents.  Please describe
the way in which the reversal of the burden of proof would be carried out in similar cases before the
courts and cite to the relevant provisions of law.
F. PROTECTION OF UNDISCLOSED INFORMATION
11. Article 86 bis of the Law on Industrial Property states that information required by special
laws to determine the safety and efficacy of pharmaceutical and agricultural chemicals are to be
protected in accordance with international treaties to which Mexico is a party.  Please describe in
detail and provide copies of the relevant laws, the manner in which Mexico ensures that undisclosedtest or other data regarding pharmaceutical and agricultural chemicals submitted to obtain marketing
approval are protected against unfair commercial use.
G. 
ENFORCEMENT
General Provisions
12. Please briefly describe how the Government of Mexico meets the requirements of TRIPS,
Article 41, including 41.1, 41.2, 41.3 and 41.4.  In partic ular, please explain how the laws of Mexico
provide for effective action against infringement of intellectual property rights as required by
Article 41.1 of the TRIPS Agreement.
13. Please identify which courts have original jurisdiction over intellectual property infringement
cases, and which courts have appellate jurisdiction to review their decisions.  What legal limitations
are placed on the ability of a party to have procedural rulings and final decisions reviewed by the
appellate bodies you have identified?  (TRIPS, Article 41)
14. Chapter II of Title VI of the Law on Industrial Property provides for an Administrative
Declaration Procedure.  Chapter III provides for a ppeals for reconsideration.  What body within the
Institute issues administrative declarations?  What body hears and decides the appeals?
15. Title VII of the Law on Industrial Property appears to provide administrative procedures for
enforcement of industrial property rights and include s provisions for the Institute to inspect business
facilities to ensure that the law is complied with.  Chapter III of that Title defines criminal offences
and establishes penalties therefore.  The Mexican Federal courts have jurisdiction over these
provisions, under Article 227, as well as over commercial and civil disputes.  Please explain in detail
the relationship between the administrative and the court proceedings, indicating whether enforcementactions are available under both procedures for the same offence and what factors a right holder
should take into account in deciding which to invoke to enforce rights.IP/C/W/174
Page 47
Civil and Administrative Procedures and Remedies
16. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial proceeding s have been initiated against them.  Also, describe
the type of information provided in the notice.  (TRIPS, Article 42)
17. Do parties have the right to be represented by independent legal counsel in civil judicial and
administrative intellectual property (IP) cases, and are there any limitations on that right?  Please
describe any special requirements concerning mandatory personal appearances by parties.
(TRIPS, Article 42)
18. What requirements must a foreign party meet to initiate a proceeding in the courts and
administrative bodies identified that is not required of a national or resident of your country?
19. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrative intellectual property cases.  (TRIPS, Article 42)
20. Please describe the mechanisms for identifying and protecting confidential information in
civil judicial and administrative intellectual property cases.  (TRIPS, Article 43.1)
21. What provisions ensure that intellectual property infringement cases are handled in an
expeditious manner and what provisions are available to prevent deliberate delays by the parties to aproceeding?  Under what circumstances are such provisions applied?
22. Please describe how and under what circumstances judicial and administrative officials may
order parties to produce relevant evidence in civil judicial and administrative intellectual property
cases.  What types of evidence or information may be required to be disclosed prior to trial and how
long does this pre-trial disclosure period generally last?  (TRIPS, Article 43.2)
23. What kinds of actions may judicial and administrative officials take if the party fails to
provide the necessary information?  Describe the circumstances under which those actions are
normally imposed in civil judicial and administrative enforcement actions.  (TRIPS, Article 43.2)
24. Do judges and administrative officials have the authority to issue injunctions (or equivalent
measures) to order a party to desist from an infringement and to prevent infringing goods fromentering the channels of commerce?  Please describe, in detail, the procedures for issuing such
injunctions.  (TRIPS, Article 44.1)
25. How long in practice does it generally takes to obtain the injunctive relief (or equivalent
measures) from the time of the application to its grant?  What evidence must typically be provided to
establish a party's right to each of the types of relief identified and what are the conditions imposed on
obtaining such relief?  (TRIPS, Article 44)
26. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or
use by third parties authorized by the government , limiting the remedy for infringement to payment of
adequate remuneration as provided in Article 31(h).  Are there any such limitations on remedies in the
laws of Mexico?
27. Please explain whether judicial and administrative officials have the authority to order a party
found to be infringing to pay the right holder dama ges adequate to compensate for the injury caused
by the infringement and expenses, including attorney's fees.  What factors are considered in
establishing the amount of damages?  (TRIPS, Article 45)IP/C/W/174
Page 48
28. Please describe any additional remedies (e.g., disposal of goods and destruction of materials
and implements used to create infringing goods) that judicial and administrative officials may impose
in civil judicial and administrative intellectual property cases, the circumstances under which those
remedies will be imposed.  What factors are considered in determining which kind of remedy to
impose?  (TRIPS, Article 46)
29. Do judicial and administrative officials have the authority to order infringers to provide right
holders with information on third parties involved in the production and distribution of infringing
goods or services and their channels of distribution?  Under what circumstances is this authority
exercised?  (TRIPS, Article 47)
30. Please explain whether public authorities and officials are exempt from liability for abuse of
enforcement procedures and describe the circumstances in which such limitations do not apply.
(TRIPS, Article 48)
Provisional Measures
31. Please identify the provisional measures available under the law of Mexico to prevent an
infringement of any intellectual property right occurring and to preserve relevant evidence in regard to
an alleged infringement.  (TRIPS, Article 50)
32. Please briefly describe:
a) Any requirements to establish "irreparable harm" to the right holder.  (TRIPS,
Article 50.2)
b) Factors considered by judicial and administrative authorities in determining whether a
"demonstrable risk of evidence being destroyed exists".  (TRIPS, Article 50.2)
33. For each kind of intellectual property that is the subject of TRIPS, what kind of evidence is
required by right holders to establish ownership of the intellectual property in question and that their
right is being infringed?  (TRIPS, Article 50.3)
34. Are right holders required to provide a security or equivalent assurance to protect the
defendant and to provide against abuse and how is that amount determined?  (TRIPS, Article 50.3)
35. Please briefly describe the following:
a) The authority judicial and administrative officials have to adopt provisional measures
inaudita altera parte , and what measures may be adopted inaudita altera parte .
(TRIPS, Article 50.4)
b) Does the exercise of the authorities identified above require a court order?
(TRIPS, Article 50.4)
36. For each of the measures identified above, generally how long does it take from the
application for such relief until its grant?
37. Please describe the procedures for notifying affected parties after execution of the provisional
measures and initiating a review.  (TRIPS, Article 50.4)
38. Please describe the kind of information required from applicants to identify goods which are
the subject of provisional measures.  (TRIPS, Article 50.5)IP/C/W/174
Page 49
39. Please describe the nature of the proof required from applicants before such provisional
measures are granted for each type of intellectual property protected under TRIPS.
(TRIPS, Article 50)
40. Please describe the procedures for revoking or cancelling provisional measures in judicial and
administrative enforcement actions if proceedings leading to a decision on the merits of a case are notinitiated within a reasonable time.  What constitutes a "reasonable time-period" to initiate
proceedings?  (TRIPS, Article 50.6)
41. Please explain whether judicial and administrative officials have the authority to order that the
defendant be compensated for any injury suffered as a result of a lapse or revocation of provisional
measures.  (TRIPS, Article 50.7)
Border Measures
42. Please identify the competent authority in Mexi co authorized to accept applications for a
request to suspend release of suspected infringing goods.  (TRIPS, Article 51)
43. Please describe the procedures for protecting intellectual property at the border (e.g.,
application, required information, process and time-frame for notifying applicant of acceptance,
effective period for border enforcement action).  (TRIPS, Article 52)
44. Are procedures available to stop the export of infringing goods and goods shipped in-transit?
45. Please explain what evidence constitutes prima facie infringement for purposes of TRIPS,
Article 52?
46. Please verify that the competent authorities identified above are empowered to require
security or equivalent assurance.  (TRIPS, Article 53)
47. Please identify what forms of intellectual property, if any, are subject to provisions of TRIPS,
Article 53.2.
48. What procedures exist for notifying applicants of the suspension of release?
(TRIPS, Article 54)
49. Please identify the fora in which an applicant/party may initiate proceedings on the merits that
will allow customs authorities to hold the goods beyond 10 working days.  (TRIPS, Article 55)
50. Do judicial and administrative officials have the authority to order the applicant to pay the
importer, consignee or owner compensation for injury caused by wrongful detention or through the
detention pursuant to Article 55?  (TRIPS, Article 56)
51. Please explain the procedures for allowing right holders an opportunity to inspect suspect
goods that have been detained by customs authorities.  (TRIPS, Article 57)
52. Please explain whether the competent authorities in Mexico are empowered to act ex officio
and, if so, the enforcement action that may be taken.  (TRIPS, Article 58)
53. Please describe the remedies for infringing goods (i.e., destruction, disposal or both).
(TRIPS, Article 59)
54. Please clarify whether de minimis  imports are excluded from the border measures under the
law of Mexico.  What constitutes a de minimis  import?  (TRIPS, Article 60)IP/C/W/174
Page 50
Criminal Procedures
55. Please explain in detail what steps are being taken to ensure that no unnecessary delays occur
in acting on criminal complaints filed by interest ed parties, in granting warrants after applications
requesting them have been presented to judges, and in general to ensure that criminal statutes arebeing enforced.  Furthermore, please explain if there are any efforts under way by the enforcement
authorities to provide time-limits or guidelines for certain stages of the criminal investigation process.
56. Please explain whether and under what circumstances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penalties would
be imposed.  (TRIPS, Article 61)
57. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
58. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, 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.
59. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Mexico, particularly initiatives related to criminal enforcement.IP/C/W/174
Page 51
POLAND
A. GENERAL
1. With respect to each form of intellectual property covered by the TRIPS Agreement,
including plant variety protection, please describe the way in which nationals of WTO Members are
ensured of national treatment and most-favoured-nation treatment.
B. COPYRIGHT AND RELATED RIGHTS1
2. Please provide a status report on the copyright legislation now pending in Parliament in
Poland, including a brief explanation of the changes it will make to Poland's copyright regime.
3. Please explain in detail how US and other foreign sound recordings are afforded a point of
attachment qualifying them for protection in Poland.
4. Please explain in detail how Poland implements its obligations under TRIPS Article 14.6 to
provide protection to sound recordings that are still protected in their country of origin and that have
not had a full term of protection in Poland.
C. TRADEMARKS
5. Please describe in detail all of the provisions in Poland's laws that ensure protection for
well-known marks and provide citations to those provisions.
D. PATENTS2
6. Please provide a status report on the legislation regarding inventive activity now pending in
Parliament in Poland, including a brief explanation of the changes it will make to Poland's patentregime.
7. Article 19 of the Law on Inventive Activity provides that any person with a legal interest can
request an advisory opinion regarding infringement from the Patent Office.  Please explain the legal
status of such an advisory opinion.  Can such opinion s be appealed to a judicial body and, if so, how?
8. Article 49(2)(ii) provides that, in the event a patentee refuses a voluntary licence to the owner
of a dependent patent, that latter can request a compulsory licence.  Please explain how the conditions
of Article 31(l) are met under the Law on Inventive Activity.  How many compulsory licenses have
been issued under this provisions since the Law on Inventive Activity came into force?
9. Article 50 of the Law on Inventive Activity appears to authorize compulsory licences for
already existing licences.  Please explain in de tail how such licences would be granted and the
rationale behind Article 50.
10. Article 68(2) provides that the General Public Prosecutor of the Republic of Poland may
request that a patent be declared null and void in the public interest.  Please explain in detail the
circumstances this provision might be invoked and indicate what Article(s) of the TRIPS Agreement
would permit such revocation.
                                                     
1 These should be considered follow-up questions to the review of Poland's legislation conducted in
1998 (document IP/Q/POL/1).
2 These should be considered follow-up questions to the review of Poland's legislation conducted in
1997 (documents IP/Q3/POL/1 and Add.1).IP/C/W/174
Page 52
11. Articles 121 through 123 of the Law on Inventive Activity provides criminal penalties for
certain activities related to patents and patenting.  Please provide statistics for 1998 and 1999
regarding actions taken under this section, including the penalties imposed.
E. PROTECTION OF UNDISCLOSED INFORMATION3
12. Please describe in detail, the manner in which the Government of Poland implements the
obligations of TRIPS Article 39.3 to ensure that undisclosed and other data submitted to obtain
marketing approval for pharmaceutical and agricultural chemical products is protected against unfair
commercial use and is protected against disclosure.
F. ENFORCEMENT
13. Please explain how the Polish civil enforcement regime satisfies the obligation in TRIPS
Article 50 to afford a civil ex parte  search remedy both in the law and as applied in practice.  Please
cite to the statutory provision and give examples where such remedy has been afforded in both IP andnon-IP cases.
14. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
15. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, 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 informationestablishing that the criminal system operates effectively to deter copyright piracy and trademark
counterfeiting.
16. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Poland, particularly initiatives related to criminal enforcement.
                                                     
3 This should be considered a follow-up question to the review of Poland's legislation conducted in
1997 (documents IP/Q3/POL/1 and Add.1).IP/C/W/174
Page 53
SINGAPORE
A. COPYRIGHT AND RELATED RIGHTS
1. Section 48(2) of the Singapore Copyright Act (Copyright Act), as amended in 1999, allows
libraries, without permission from, or compensation to the right holder, to make a digitized copy of
any work in the library collection, despite the fact that this copy can provide the master for additional
copies of the work, which can then be disseminated over the digital network to others.  Please explain
how, in view of this amended provision, the Copyright Act otherwise prevents the improper
dissemination (dissemination not in compliance with provisions of the TRIPS Agreement) over the
digital network of these works.
2. Amendments to the Copyright Act, adopted in 1999, create broad new exceptions for making
copies of works available by educational institut ions over a network without the permission of the
copyright owner.  These new provisions do not appear to require that educational institutions adopt
safeguards on their network operations to prevent unauthorized access and copying of protected
materials.  Please explain how controls will be  applied to ensure that unauthorized copying and
dissemination of entire works does not occur.
3. The Copyright Act, as amended, provides for broad exceptions allowing for copying (without
permission of the right holder) by libraries, copying and distribution by educational institutions,
copying by individuals for private and/or domestic use,  copying by government officials, or by private
parties acting in the service of the government.  In view of these broad exceptions, please explain howthe Copyright Act otherwise prevents the improper dissemination (dissemination not in compliance
with provisions of the TRIPS Agreement) of a work.
B. 
INDUSTRIAL DESIGNS
4. Articles 25 and 26 of the TRIPS Agreement provide for the protection of independently
created industrial designs that are new or original.  Please describe in detail the correspondingprovisions in the Singapore laws or regulations and cite to those provisions.
C. 
PATENTS
5. Article 66 of the Singapore Patents Act (Patents Act), which corresponds to Article 28.1 of
the TRIPS Agreement, states that, where the patent is a product, a person that "makes, disposes of,
offers to dispose of, uses or imports" the product infringes the patent.  This same Article also states
that a person who "disposes of, offers to dispose of, uses or imports" any product obtained directly by
means of a patented process infringes the patent.  Please confirm that the terms "dispose of" and"offers to dispose of " mean "sells" or "offers for sale" as required by Article 28.1 of the
TRIPS Agreement or, if that is not the case, explain the meaning of the expressions.
D. 
PROTECTION OF UNDISCLOSED INFORMATION
6. Article 39.2 of the TRIPS Agreement provides for the protection of undisclosed information
that is secret, has commercial value because of its secrecy and has been subject to reasonable steps tokeep it secret.  Please describe in detail that part of the Singapore laws or regulations that implement
Article 39.2, and cite to those provisions.IP/C/W/174
Page 54
7. Article 39.3 of the TRIPS Agreement requires that data submitted to obtain marketing
approval for pharmaceutical or agricultural chemicals utilizing a new chemical entity be protected
against unfair commercial use and from disclosure.  Please describe in detail how Singapore's laws or
regulations implement those obligations, and cite to those provisions.
E. ENFORCEMENT
Follow-up Questions to Responses Provided in the Checklist of Issues on Enforcement (WTO
Document IP/N/6/SGP/1, Dated 3 March 2000)
Civil and Administrative Procedures and RemediesResponse to question No. 2
8. Please explain "registered licensee" for purposes of the Trade Marks Act and clarify whether
all licensees authorized to use a trademark have standing to assert intellectual property rights.
Response to question No. 3
9. What action may judicial and administrative authorities take if a party refuses to produce
evidence, which lies within its control?
Response to question No. 4
10. What criteria do judges use to determine if it is in the interest of justice, public safety ,etc. to
hold a proceeding in camera?
Response to question No. 5
11. What criteria do courts use to determine that an issue qualifies as "serious" and subject to an
interlocutory injunction?
12. Please provide an example of a "relevant matter" sufficient to warrant additional damages
pursuant to the Copyright Act and the Lay-out Designs of Integrated Circuits Act.
Response to question No. 6
13. Please clarify whether courts also have the authority to order the infringer to provide
information on the channels of distribution.
Response to question No. 7
14. What criteria do courts use to determine the amount of compensation the infringer should pay
to the defendant if no infringement is found?
Response to question No. 8
15. Please provide information on the average costs and length of time to process intellectual
property cases.
Response to question No. 9
16. Please clarify whether any administrative procedures and remedies are available for
trademark and copyright infringement cases.IP/C/W/174
Page 55
Response to question No. 10
17. Please explain the conditions imposed on the execution of an order to prevent  possible
injustice to the defendant.
Response to question No. 11
18. Please clarify the difference between an Anton Piller order, a Mareva injunction and any other
injunctions that courts may impose.
Special Requirements Related to Border Measures
Question No. 15
19. What criteria do Customs officials use to determine that infringing goods are being imported
for personal use?
Response to question No. 16
20. List the type of information or evidence required in the application to Customs officials.
21. How is the amount of the security determined for purposes of compliance with TRIPS,
Article 53, and who determines it – customs or judicial officials?
22. In cases where the action is dismissed, how is the amount of compensation to the defendant
determined?
Response to question No. 19
23. Please describe the remedies that courts (i.e., destruction and disposal) are authorized to
impose in intellectual cases involving infringing shipments.
Criminal Procedures
24. Please provide a more detailed explanation of the procedures for investigating and
prosecuting copyright and trademark cases.
25. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1996, 1997 and 1998, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
26. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1996, 1997 1998, and 1999, including the
number of raids, prosecutions, convictions and the amount of dines 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 piracyand trademark counterfeiting.
27. Please describe any new initiatives the Government of Singapore might have planned to
improve enforcement, particularly criminal en forcement, of intellectual property rights.IP/C/W/174
Page 56
TRINIDAD AND TOBAGO
A. COPYRIGHT AND RELATED RIGHTS
1. Section 2 of Trinidad and Tobago's Copyright Act 1997 provides that "[t]his Act shall have
effect even though inconsistent with sections 4 and 5 of the Constitution".  Please explain the meaning
of this provision and by what legal means it can supersede provisions of Trinidad and Tobago's
Constitution.
B. TRADEMARKS
2. What provisions of Trinidad and Tobago's laws or regulations provide for trademark or
service mark protection for any sign, or any combination of signs, capable of distinguishing the goodsor services of one undertaking from those of othe r undertakings, as required by Article 15 of the
TRIPS Agreement?  Please provide citations to those laws and, if the texts of the laws have not been
notified to the WTO, please notify them pursuant to Article 63.2.
3. Please describe in detail the registration process for trademarks and service marks with
reference to the requirements set forth in section 2 of the TRIPS Agreement.
4. What provisions of Trinidad and Tobago's laws  provide the owners of registered trademarks
the exclusive right to prevent unauthorized use of identical or similar marks for similar goods or
services of other parties if confusion is likely to result, as required by Article 16 of the
TRIPS Agreement?  Please provide citations to those laws and, if the texts of the laws have not been
notified to the WTO, please notify them pursuant to Article 63.2.
5. Please identify the provisions of Trinidad and Tobago's laws that provide protection for
well-known marks in accordance with Article 6 bis of the Paris Convention and Article 16.2 and 16.3
of the TRIPS Agreement and describe in detail the nature of the protection provided.  If the texts of
the laws have not been notified to the WTO, please notify them pursuant to Article 63.2.
6. What term of protection does Trinidad and Tobago provide for trademark protection?
C. 
GEOGRAPHICAL INDICATIONS
7. Please describe the provisions of Trinidad and Tobago's laws that provide protection for
geographical indications in accordance with Article 22 of the TRIPS Agreement.  Please cite those
laws and, if the texts have not been notified to the WTO, please notify them pursuant to Article 63.2.
8. In determining whether recognition should be given a geographical indication, what criteria
are considered?
9. Please describe the manner in which the higher level of protection required for wines and
spirits under Article 23.2 of the TRIPS Agreement is  provided and provide examples of such products
and the law under which they are protected.  Please cite those laws and, if the texts have not been
notified to the WTO, please notify them pursuant to Article 63.2.
10. What are the competent authorities where the protection of a geographical indication can be
obtained?IP/C/W/174
Page 57
D. INDUSTRIAL DESIGNS
11. Please describe the provisions of Trinidad and Tobago's laws that provide for protection of
independently created industrial designs that are new or original, as required by Articles 25 and 26 of
the TRIPS Agreement?  Please cite those laws and, if the texts have not been notified to the WTO,
please notify them pursuant to Article 63.2.
12. Please describe the procedure that must be followed to obtain protection for textile designs
and cite the provisions of law under which such protection is provided.
13. What term of protection does Trinidad and Tobago provide for industrial designs?
E. PATENTS
14. Article 15(6) of the Patents Act of 1996 provides that "[t]he rights conferred on the inventor
under subsections (1), (2), (3), and (4) shall not be re stricted by contract".  Please explain in detail the
meaning and scope of this provision.
15. Article 46 of the Patents Act 1996 provides for compulsory licensing for patents.  Please
explain how the conditions under Article 31(c) of the TRIPS Agreement are fulfilled or otherwise
respected.
16. Please identify the provisions of the Patents Act 1996 that make available judicial review of
decisions related to compulsory licences, as required under Articles 31(j) and 31(k) of theTRIPS Agreement.
F. 
PROTECTION OF UNDISCLOSED INFORMATION
17. Please explain in detail the provisions of Trinidad and Tobago's laws and regulations that
provide for protection of undisclosed information as required by Article 39 of the TRIPS Agreement.
Please cite those laws and, if the texts of the laws have not been notified to the WTO, please notifythem pursuant to Article 63.2.
18. Please explain in detail the provisions of Trinidad and Tobago's laws and regulations that
ensure protection of undisclosed test data submitted as a condition of approving the marketing of
pharmaceuticals, as required by Article 39.3 of the TRIPS Agreement.  Please cite those laws and, if
the texts of the laws have not been notified to the WTO, please notify them pursuant to Article 63.2.
G. 
ENFORCEMENT
General Provisions
19. Please briefly describe how the Government of Trinidad and Tobago meets the requirements
of TRIPS, Article 41, including 41.1, 41.2, 41.3 and 41.4.  In particular, please explain how the laws
of Trinidad and Tobago provide for effective action against infringement of intellectual property
rights as required by Article 41.1 of the TRIPS Agreement.
20. Please identify which courts have original jurisdiction over intellectual property infringement
cases, and which courts have appellate jurisdiction to review their decisions.  What legal limitations
are placed on the ability of a party to have procedural rulings and final decisions reviewed by the
appellate bodies you have identified?  (TRIPS, Article 41)IP/C/W/174
Page 58
Civil and Administrative Procedures and Remedies
21. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial proceeding s have been initiated against them.  Also, describe
the type of information provided in the notice.  (TRIPS, Article 42)
22. Do parties have the right to be represented by independent legal counsel in civil judicial and
administrative intellectual property (IP) cases, and are there any limitations on that right?  Please
describe any special requirements concerning mandatory personal appearances by parties.
(TRIPS, Article 42)
23. What requirements must a foreign party meet to initiate a proceeding in the courts and
administrative bodies identified that is not required of a national or resident of your country?
24. Please describe any limitations on a party's ability to substantiate a claim or to present
relevant evidence in civil judicial and administrative intellectual property cases.  (TRIPS, Article 42)
25. Please describe the mechanisms for identifying and protecting confidential information in
civil judicial and administrative intellectual property cases.  (TRIPS, Article 43.1)
26. What provisions ensure that intellectual property infringement cases are handled in an
expeditious manner and what provisions are available to prevent deliberate delays by the parties to aproceeding?  Under what circumstances are such provisions applied?
27. Please describe how and under what circumstances judicial and administrative officials may
order parties to produce relevant evidence in civil judicial and administrative intellectual property
cases.  What types of evidence or information may be required to be disclosed prior to trial and how
long does this pre-trial disclosure period generally last?  (TRIPS, Article 43.2)
28. Please describe the actions judicial and administrative officials may take if the party fails to
provide the necessary information?  Describe the circumstances under which those actions are
normally imposed in civil judicial and administrative enforcement actions.  (TRIPS, Article 43.2)
29. Do judges and administrative officials have the authority to issue injunctions (or equivalent
measures) to order a party to desist from an infringement and to prevent infringing goods fromentering the channels of commerce?  Please describe, in detail, the procedures for issuing such
injunctions.  (TRIPS, Article 44.1)
30. How long in practice does it generally takes to obtain the injunctive relief (or equivalent
measures) from the time of the application to its grant?  What evidence must typically be provided to
establish a party's right to each of the types of relief identified and what are the conditions imposed on
obtaining such relief?  (TRIPS, Article 44)
31. Article 44.2 provides an exception to the requirement in paragraph 44.1 for government use
or use by third parties authorized by the government, limiting the remedy for infringement to payment
of adequate remuneration as provided in Article 31(h).  Are there any such limitations on remedies in
the laws of Trinidad and Tobago?
32. Please explain whether judicial and administrative  officials have the authority to order a party
found to be infringing to pay the right holder dama ges adequate to compensate for the injury caused
by the infringement and expenses, including attorney's fees.  What factors are considered in
establishing the amount of damages?  (TRIPS, Article 45)IP/C/W/174
Page 59
33. Please describe any additional remedies (e.g., disposal of goods and destruction of materials
and implements used to create infringing goods) that judicial and administrative officials may impose
in civil judicial and administrative intellectual property cases, the circumstances under which those
remedies will be imposed.  What factors are considered in determining which kind of remedy to
impose?  (TRIPS, Article 46)
34. Do judicial and administrative officials have the authority to order infringers to provide right
holders with information on third parties involved in the production and distribution of infringing
goods or services and their channels of distribution?  Under what circumstances is this authority
exercised?  (TRIPS, Article 47)
35. Please explain whether public authorities and officials are exempt from liability for abuse of
enforcement procedures and describe the circumstances in which such limitations do not apply.
(TRIPS, Article 48)
Provisional Measures
36. Please identify the provisional measures available under the law of Trinidad and Tobago to
prevent an infringement of any intellectual property  right occurring and to preserve relevant evidence
in regard to an alleged infringement.  (TRIPS, Article 50)
37. Please briefly describe:
a) Any requirements to establish "irreparable harm" to the right holder.  (TRIPS,
Article 50.2)
b) Factors considered by judicial and administrative authorities in determining whether a
"demonstrable risk of evidence being destroyed exists".  (TRIPS, Article 50.2)
38. For each kind of intellectual property that is the subject of TRIPS, please describe the kind of
evidence right holders must present to establish ownership of the intellectual property in question and
that their right is being infringed?  (TRIPS, Article 50.3)
39. Are right holders required to provide a security or equivalent assurance to protect the
defendant and to provide against abuse and how is that amount determined?  (TRIPS, Article 50.3)
40. Please briefly describe the following:
a) The authority judicial and administrative officials have to adopt provisional measures
inaudita altera parte , and what measures may be adopted inaudita altera parte.
(TRIPS, Article 50.4)
b) Does the exercise of the authorities identified above require a court order?
(TRIPS, Article 50.4)
41. For each of the measures identified above, generally how long does it take from the
application for such relief until its grant?
42. Please describe the procedures for notifying affected parties after execution of the provisional
measures and initiating a review.  (TRIPS, Article 50.4)
43. Please describe the kind of information required from applicants to identify goods which are
the subject of provisional measures.  (TRIPS, Article 50.5)IP/C/W/174
Page 60
44. Please describe the nature of the proof required from applicants before such provisional
measures are granted for each type of intellectual property protected under TRIPS.
(TRIPS, Article 50)
45. Please describe the procedures for revoking or cancelling provisional measures in judicial and
administrative enforcement actions if proceedings leading to a decision on the merits of a case are notinitiated within a reasonable time.  What constitutes a "reasonable time-period" to initiate
proceedings?  (TRIPS, Article 50.6)
46. Please explain whether judicial and administrative officials have the authority to order that the
defendant be compensated for any injury suffered as a result of a lapse or revocation of provisional
measures.  (TRIPS, Article 50.7)
Border Measures
47. Please identify the competent authority in Trinidad and Tobago authorized to accept
applications for a request to suspend release of suspected infringing goods.  (TRIPS, Article 51)
48. Please describe the procedures for protecting intellectual property at the border (e.g.,
application, required information, process and time-frame for notifying applicant of acceptance,
effective period for border enforcement action).  (TRIPS, Article 52)
49. Please describe any procedures available to stop the export of infringing goods and goods
shipped in transit.
50. Please explain what evidence constitutes prima facie infringement for purposes of TRIPS,
Article 52.
51. Please verify that the competent authorities identified above are empowered to require
security or equivalent assurance.  (TRIPS, Article 53)
52. Please identify the forms of intellectual property, if any, that are subject to provisions of
(TRIPS, Article 53.2.)
53. What procedures exist for notifying applicants of the suspension of release?
(TRIPS, Article 54)
54. Please identify the forum or fora in which an applicant/party may initiate proceedings on the
merits that will allow customs authorities to hold the goods beyond 10 working days.
(TRIPS, Article 55)
55. Do judicial and administrative officials have the authority to order the applicant to pay the
importer, consignee or owner compensation for injury caused by wrongful detention or through the
detention pursuant to Article 55?  (TRIPS, Article 56)
56. Please explain the procedures for allowing right holders an opportunity to inspect suspect
goods that have been detained by customs authorities.  (TRIPS, Article 57)
57. Please explain whether the competent authorities in Trinidad and Tobago are empowered to
act ex officio and, if so, the enforcement action that may be taken.  (TRIPS, Article 58)
58. Please describe the remedies for infringing goods (i.e., destruction, disposal or both).
(TRIPS, Article 59)IP/C/W/174
Page 61
59. Please clarify whether de minimis  imports are excluded from the border measures under the
law of Trinidad and Tobago.  What constitutes a de minimis  import?  (TRIPS, Article 60)
Criminal Procedures
60. Please explain in detail what steps are being taken to ensure that no unnecessary delays occur
in acting on criminal complaints filed by interest ed parties, in granting warrants after applications
requesting them have been presented to judges, and in general to ensure that criminal statutes are
being enforced.  Furthermore, please explain if there are any efforts under way by the enforcement
authorities to provide time-limits or guidelines for certain stages of the criminal investigation process.
61. Please explain whether and under what circumstances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in wilful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penalties wouldbe imposed.  (TRIPS, Article 61)
62. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret enforcement
for each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment se ized;  cases resolved (including settlement);  and
the amount of damages awarded.
63. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, 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 informationestablishing that the criminal system operates effectively to deter copyright piracy and trademark
counterfeiting.
64. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Trinidad and Tobago, particularly initiatives related to criminal enforcement.
__________