./.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/150
30 July 1999
(99-3239)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Japan
By means of a communication from the Permanent Mission of Japan dated 27 July 1999, the
Secretariat has received a copy of the following questions addressed to Latvia.
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A. LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS1
1. Please explain how protection is provided for works, phonograms, performances and
broadcasts of other WTO Members under the Law on Copyright and Neighbouring Rights of Latvia
(hereinafter referred to as the "Copyright and Neighbouring Rights Law").
Please also describe the provisions of the Copyright and Neighbouring Rights Law which
provide for national treatment and most-favoured-nation treatment as required by Articles 3 and 4 of
the TRIPS Agreement and by Article 9.1 of the TRIPS Agreement, which incorporates Article 5(1) of
the Berne Convention.
2. Please explain exceptions to or exemptions from national treatment and most-favoured-nation
treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4
of the TRIPS Agreement.
3. With regard to Article 4.1 of the Copyright and Neighbouring Rights Law, which stipulates
the protection of "computer programs", please explain whether such protection covers computer
programs in both source code and object code, as required by Article 10.1 of the TRIPS Agreement.
4. Please explain whether "data bases and other compilations" under Article 5 of the Copyright
and Neighbouring Rights Law include compilations of data in machine-readable form.  Please also
explain how the Copyright and Neighbouring Rights Law complies with Article 10.2 of the TRIPSAgreement in this respect.
B. L
AW ON TRADEMARKS2
5. Article 23.2 of the TRIPS Agreement prohibits the "registration of a trademark for wines
which contains or consists of a geographical indi cation identifying wines or for spirits which contains
or consists of a geographical indication identifying spirits."  Please explain how the Law onTrademarks of Latvia (hereinafter referred to as the "Trademark Law") complies with Article 23.2 of
                                                     
1 Document IP/N/1/LVA/C/1.
2 Document IP/N/1/LVA/T/1.IP/C/W/150
Page 2
the TRIPS Agreement, since we have not been able to find any provisions of the Trademark Law that
correspond to that Article.
Otherwise, should we understand that such prohibition is secured by Article 22 of the
Trademark Law, which stipulates that "If an intern ational agreement, to which the Republic of Latvia
is a party, provides for provisions which differ from those in this Law, the provisions of theinternational agreement shall apply"?
C. P
ATENT LAW3
6. Article 3(4) 2) of the Patent Law of Latvia (hereinafter referred to as the "Patent Law")
provides that plant and animal varieties are unpatentable subject-matter.  Please explain how Latvia
provides protection for plant and animal varieties.
7. Article 31(4) of the Patent Law stipulates that "Exclusive rights come into force to their full
extent as of the date a patent is granted and expire no later than 20 years from the filing date of theapplication."  On the other hand, Article 33 of the TRIPS Agreement provides that "The term of
protection available shall not end before the expiration of a period of twenty years counted from the
filing date."  Please explain the compatibility of these two provisions.
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3 Document IP/N/1/LVA/P/1.