. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/336
23 January 2002
(02-0351)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by Switzerland
By means of a communication from the Permanent Mission of Switzerland, dated
21 January 2002, the Secretariat has received a copy of the following questions that Switzerland has
communicated to Moldova.
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A. PATENTS
1. Does your legislation grant patent protection for inventions relating to products and processes
in all fields of technology?  Are there any exceptions?  If so, please explain what these exceptions areand how they comply with Article 27 of the TRIPS Agreement.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory
licensing, if a product is being imported)?
3. Does your legislation make the granting of a compulsory license subject to all the conditions
enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant provisions of law.
4. Does your legislation provide for the principle of the reversal of burden of proof in a process
patent litigation?  Please cite the relevant provisions of law.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data submitted
by an applicant to the responsible State agency in the procedure for market authorisation of a
pharmaceutical or of an agricultural chemical product is protected against disclosure and againstunfair commercial use by a competitor, for example by prohibiting a second applicant from relying
on, or from referring to the original data of the firs t applicant, when applying subsequently for market
authorisation for a similar product.
Does your legislation provide for exceptions to this?  If yes, under what conditions would
such exceptions apply?
Does your legislation set a specific term of protection for undisclosed test or other data of the
first applicant?IP/C/W/336
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C. ENFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective deterrents to
infringements of intellectual property rights.
7. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in your country, particularly initiatives related to criminal enforcement.
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