WORLD TRADE
ORGANIZATIONIP/C/W/378
12 September 2002
(02-4818)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions by Switzerland
By means of a communication from the Permanent Mission of Switzerland, dated
12 August 2002, the Secretariat has received copies of the following questions that Switzerland hascommunicated to Ghana, Nigeria, Pakistan, Qatar, Surinam and Thailand, respectively.
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GHANA
1
A. TRADEMARKS
Ad response to question 10:
Please indicate whether the draft Trademark Act provides that the registration of a trademark
for services shall be renewable indefinitely, as set out in Article  18 of the TRIPS Agreement.  Are
trademarks for products also renewable indefinitely in your country?
F. P ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 6:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of an
agricultural chemical product, please specify whether the responsible State Agency will require thesame amount of data from a second applicant requesting market authorisation for a similar or identical
product as from the first applicant.
NIGERIA
2
A. TRADEMARKS
Ad response to question 1:
Please indicate whether your law provides that the registration of a trademark shall be
renewable indefinitely, as required by Article  18 of the TRIPS Agreement.
                                                     
1 Ghana's responses to questions posed by Switzerland have been circulated in document IP/C/W/343.
2 Nigeria's responses to initial questions posed by Switzerland have been circulated in document IP/C/W/344.IP/C/W/378
Page 2
B. PATENTS
Ad response to question 5:
In your answer you mention that " a law imposes upon any person the burden of proving a
particular fact ".  Please indicate whether this particular rule is also applied in the case of process
patent litigations or whether your law provides for this particular case, according to Article  34 of the
of the TRIPS Agreement, the principle of the reversal of burden of proof?
PAKISTAN3
A. PROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 11:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of an
agricultural chemical product, please specify whether the responsible State Agency will require the
same amount of data from a second applicant requesting market authorisation for a similar or identical
product as from the first applicant.
QATAR4
E. E NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Ad response to question 8:
In your answer you mention remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights for trademarks and copyrights.  Please
indicate the remedies provided by your law for the other fields of intellectual property rights.
SURINAM5
A. PATENTS
Ad response to question 1:
Please confirm whether, in your patent legislation, no subject matter is excluded from
patentability.  In case there should be such exceptions, please explain how they comply with Article 
27 of the TRIPS Agreement.
                                                     
3 Pakistan's responses to initial questions posed by Switzerland have been circulated in document IP/C/W/329 and
Add.1.
4 Qatar's responses to initial questions posed by Switzerland have been circulated in document IP/C/W/346.
5 Surinam's responses to initial questions posed by Switzerland have been circulated in document
IP/C/W/283/Add.2.IP/C/W/378
Page 3
Ad response to question 2:
In your answer you mention that compulsory licensing is possible even in the case that a
product is being imported to your country.  Please explain how this complies with Article  27.1 of the
TRIPS Agreement which provides that patent rights shall be enjoyable without discrimination as towhether products are imported or locally produced.
Ad response to question 4:
Please indicate whether your legislation makes the granting of compulsory license subject to
other conditions besides the ones mentioned in your answer (i. e. "in case of industrial and national
importance".  In particular are all the conditions enumerated in Article  31 of the TRIPS Agreementincorporated in your law?)
B. P
ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 5:
You mention that your legislation does not provide for the protection of undisclosed
information in your country.  Does this mean that the obligations contained in Article  39 of the
TRIPS Agreement are directly applicable in your legislation?
Please specify whether the responsible State Agency will require, in the procedure for market
authorisation of a pharmaceutical or of an agricult ural chemical product, the same amount of data
from a second applicant requesting market authorisation for a similar or identical product as from the
first applicant.
THAILAND6
B. P ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 6:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorisation of a pharmaceutical or of an
agricultural chemical product, please specify whether the responsible State Agency will require the
same amount of data from a second applicant requesting market authorisation for a similar or identical
product as from the first applicant.
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6 Thailand's responses to questions posed by Switzerland have been circulated in document IP/C/W/319/Add.1.