RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/320
19 November 2001
(01-5853)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Questions posed by the European Communities and their member States
By means of a communication from the Permanent Mission of the European Commission, dated
12 November 2001, the Secretariat has received copies of the following questions that the European
Communities and their member States have communicated to Barbados, Brunei Darussalam, Cuba,
Gabon, Lithuania, Malaysia, Nigeria, Pakistan, Qatar, Saint Vincent and the Grenadines, Senegal,
Sri Lanka, Swaziland, Thailand, Tunisia, Uruguay and Zimbabwe, respectively.
_______________
BARBADOS
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain the copyright protection given to au thors of databases or compilations of data as
required by Article 10.2 of the TRIPS Agreement and please also confirm where in the Act a definition of
databases and a description of the protection given is provided.
3. Please explain whether the protection for sound recordings extends to sound recordings of
musical works only or also to other types of phonogram, and if so what types? Please explain whether the
rental right enumerated in section 76 (c) of the Act applies to all cinematographic works or only to films.
Please explain the definition of films for the purposes of the Act.
4. Section 77.1 of the Act - Please explain how this provision (in relation to sound recordings and
computer programmes) as applied in practice. What conditions are applied to ensure that the right of
authors in Article 11 of the TRIPS Agreement to author ize or prohibit the commercial rental to the public
of originals or copies of their works is respected?
5. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention for the Protection of Literary and Artistic Works ( the "Berne Convention") (theIP/C/W/320
Page 2
obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS
Agreement.
6. Please define what constitutes a "reasonable extract" for the purposes of Section 72.1 of the Act.
7. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
8. Please explain whether or not your legislation provides for a mechanism to appeal final
administrative decisions to judicial bodies.
9. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
10. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
11. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
12. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
13. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
14. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
15. Please indicate the threshold of the de minimis  imports exception provided for in Section 49(5).
16. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
C. T RADEMARKS – TRADE MARKS REGULATIONS 1984 AND TRADE MARKS (AMENDMENT ) ACT
2001
17. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
18. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
19. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
20. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.IP/C/W/320
Page 3
21. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
22. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
23. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
24. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
25. Please indicate whether or not your legislation provides for a de minimis  imports exception.
26. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
D. G EOGRAPHICAL INDICATIONS – GEOGRAPHICAL INDICATIONS ACT 1998
27. Please confirm whether the same protection is given to geographical indications that are
registered and those that are not registered under the Act. Please explain any dissimilarities.
28. Please confirm the analysis that will be used in determining whether, in line with Article 22.3 the
geographical indication is identical with a term used in common language as the common name for such
goods or services in Barbados. Please provide examples of such words considered as generic in yourjurisdiction.
E. I
NDUSTRIAL DESIGNS – INDUSTRIAL DESIGN REGULATIONS 1984 AND INDUSTRIAL DESIGNS ACT
CAP. 309
29. Please explain whether there is a requirement in your legislation that an industrial design be
original.
30. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
31. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
32. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
33. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS – PATENTS ACT 2001 AND PATENT REGULATIONS 1984
34. Where exclusions to patent rights are provided for, please describe in detail how these exclusions
are applied in legal as well as practical terms.
35. Please explain whether your legislation providing for the exclusion of inventions from
patentability based on ordre public or morality has been applied in practice.IP/C/W/320
Page 4
36. Please describe whether micro-organisms, non-essentially biological processes and
microbiological processes are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
37. Please explain whether your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
38. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
39. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
40. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
41. Please explain in detail the conditions under which a compulsory licence may be granted in the
interests of the development of an essential sector of the economy of Barbados (Section 49 (iv) of the
Act).
42. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predom inantly for the supply to the domestic market.
43. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
44. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
45. Please describe how your legislation provides for effective action against infringement of patent
rights.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS – INTEGRATED CIRCUITS ACT
1998 AND INTEGRATED CIRCUITS (AMENDMENT ) ACT 2001
46. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
47. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article inco rporating such an integrated circuit that it contains
an unlawful topography.IP/C/W/320
Page 5
48. Please explain in more detail the conditions applied in determining when a Government agency or
third party may exploit a protected layout-design (Article 18 of the Act).
H. P ROTECTION OF UNDISCLOSED INFORMATION
49. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
50. Please explain how your legislation defines undisclosed information.
51. Please explain how your legislation defines data submitted to governments or governmental
agencies.
52. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
53. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
54. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
55. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
56. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
BRUNEI DARUSSALAM
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the BerneConvention (1971)).IP/C/W/320
Page 6
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.IP/C/W/320
Page 7
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.IP/C/W/320
Page 8
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holders on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.IP/C/W/320
Page 9
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/320
Page 10
CUBA
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPs Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,perfumes and containers are protectable.IP/C/W/320
Page 11
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.IP/C/W/320
Page 12
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that suchefforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/320
Page 13
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/320
Page 14
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
GABON
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.IP/C/W/320
Page 15
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G
EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names consideredas generic in your jurisdiction.
E. I
NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/320
Page 16
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.IP/C/W/320
Page 17
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/320
Page 18
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
LITHUANIA
A. C OPYRIGHT AND RELATED RIGHTS – LAW ON COPYRIGHT AND RELATED RIGHTS (1999:VIII-
1185)
1. Article 4.2.1. Please explain whether the protec tion given to computer programmes includes
source and object code as required by Article 10.1 of the TRIPS Agreement.
2. Article 6 – Please expand on the legal definition of author – to what legal persons does it extend?
3. Article 15.6/7 - Please explain the scope of protection provided for rental rights under Lithuanian
copyright law. To what works does such protection apply and what does the protection consist of?
4. Please explain the basis of and the extent to which an exception for reproduction on scientific
grounds may be granted.IP/C/W/320
Page 19
5. Article 24 – Please clarify the scope of this provision in particular Article 24.1 restricting the
availability of this subsection.
6. Please explain how the enforcement provisions in Articles 64 to 71 ensure the guarantees of fair
procedure set out in Article 41.2 and 41.3 of the TRIPS Agreement are respected.
7. Please indicate whether your legislation provides for a de minimis  imports exception.
8. Article 69 – Please explain whether this provisio n ensures that, following the adoption of measure
by the court inaudita altera parte , the defendant has the right to be heard within a reasonable time after
the provisional measures have been adopted.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
B. T RADEMARKS – LAW ON TRADEMARKS (2000:VIII-1981)
10. Please confirm if elements such as sounds and tastes are protectable under your legislation.
11. Please explain in more detail the provisions regarding right of priority, in particular; where more
than one application has been filed in another member country, which application will priority date from?
12. Please explain on what basis the ‘other grounds’ set out in Article 7 will be available for the
invalidation of a registration.
13. Article 6.10 – Please explain the analysis that will be applied in determining whether a mark is of
high symbolic value or not.
14. Article 8.1 – Please explain further the scope of  this provision, in particular, what are the
circumstances in which a trademark consisting of elements ineligible for registration separately will be
denied registration itself.
C. I NDUSTRIAL DESIGNS – LAW ON INDUSTRIAL DESIGN (1995:I-1006)
1. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations. Please explain how textile designs are protected.
2. Please explain whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
D. P ATENTS – PATENT LAW 18 J ANUARY 1994 N O. IX-118
1. Please explain describe how animals, micro-orga nisms and non-essentially biological processes.
are protected in your legislation. Please explain, in this respect, the relevant section of your legislation.
2. Article 8 of the Act – Service Inventions. Please confirm whether Article 9, regarding the
requirement for mention of an inventor, applies to Article 8.IP/C/W/320
Page 20
3. Right of  priority – Article 18 – Where the right of priority is based on an application in another
Member country, and subsequent applications are also made in that other country; when, for the purposes
of your legislation, does the priority date from?
4. Please confirm whether your legislation grants additional protection for innovations after the
twenty year period of patent protection has lapsed.
5. Article 39 - Please describe the individual merits taken into consideration by the authorities in an
application for exploitation of an invention with the authorisation of the Government.
6. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents as required by Article 34 of the TRIPS Agreement?
E. P ROTECTION OF UNDISCLOSED INFORMATION
1. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
2. Please explain how your legislation defines "undisclosed information".
3. Please explain how your legislation defines data submitted to governments or governmental
agencies.
MALAYSIA
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.IP/C/W/320
Page 21
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.IP/C/W/320
Page 22
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification forIP/C/W/320
Page 23
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that suchefforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it containsan unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.IP/C/W/320
Page 24
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
NIGERIA
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.IP/C/W/320
Page 25
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventionsand in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.IP/C/W/320
Page 26
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.IP/C/W/320
Page 27
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, pleasepoint out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowIP/C/W/320
Page 28
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.IP/C/W/320
Page 29
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
PAKISTAN
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.IP/C/W/320
Page 30
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.IP/C/W/320
Page 31
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.IP/C/W/320
Page 32
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.IP/C/W/320
Page 33
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
QATAR
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventionsand in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.IP/C/W/320
Page 34
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G
EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names consideredas generic in your jurisdiction.
E. I
NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/320
Page 35
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.IP/C/W/320
Page 36
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/320
Page 37
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
SAINT VINCENT AND THE GRENADINES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).IP/C/W/320
Page 38
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.IP/C/W/320
Page 39
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided for, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.IP/C/W/320
Page 40
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.IP/C/W/320
Page 41
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/320
Page 42
SENEGAL
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.IP/C/W/320
Page 43
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.IP/C/W/320
Page 44
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that suchefforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.IP/C/W/320
Page 45
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of TRIPS Agreement where a person has no knowledge or reasonable grounds to know when
acquiring an integrated circuit or an article incorpor ating such an integrated circuit that it contains an
unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/320
Page 46
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
SRI LANKA
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explainhow such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.IP/C/W/320
Page 47
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G
EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names consideredas generic in your jurisdiction.
E. I
NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.IP/C/W/320
Page 48
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects patent right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.IP/C/W/320
Page 49
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.IP/C/W/320
Page 50
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
SWAZILAND
A. G ENERAL PROVISIONS
4. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
5. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the BerneConvention (1971)).
6. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.IP/C/W/320
Page 51
7. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
8. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
9. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
10. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
11. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
12. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
13. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
14. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,perfumes and containers are protectable.
15. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
16. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
17. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G
EOGRAPHICAL INDICATIONS
18. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
19. Please give the definition of a geographical indication in your legislation.
20. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.IP/C/W/320
Page 52
21. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
22. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names consideredas generic in your jurisdiction.
E. I
NDUSTRIAL DESIGNS
23. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
24. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
25. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
26. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
27. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
28. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
29. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
30. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
31. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
32. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
33. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
34. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.IP/C/W/320
Page 53
35. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
36. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
37. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
38. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
39. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
40. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
41. Please explain how your legislation provides for th e reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
42. Please describe how your legislation protects topographies.
43. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
44. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowwhen acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
45. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
46. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.IP/C/W/320
Page 54
47. Please explain how your legislation defines "undisclosed information".
48. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
49. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
50. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
51. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
52. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
53. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
54. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
55. Please explain if and how judges have the author ity to order that infringing goods are placed
outside channels of commerce or destroyed.
56. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
57. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
58. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
59. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
60. Please indicate whether or not your legislation provides for a de minimis  imports exception.
61. Please explain how your legislation implements Article 61 of the TRIPS Agreement.IP/C/W/320
Page 55
THAILAND
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS – COPYRIGHT ACT B.E. 2537 (1994) ( THE "ACT")
2. Please explain the copyright protection given to au thors of databases or compilations of data as
required by Article 10.2 of the TRIPS Agreement and please also confirm where in the Act a definition of
databases and a description of the protection given is provided
3. Section 8 of the Act - Please explain the meaning of this provision as regards the requirement that
for a non-Thai resident "the residence must be at all times or most of the time spent on the creation of the
work". In particular, how does this provision comply  with Article 3(1)(b) of the Berne Convention for the
Protection of Literary and Artistic Works?
4. Section 19 of the Act – Please explain the date from which the term of copyright protection for
authors begins, i.e. is it from the date that the work  was made or the date of publication? What is the
definition of the date of authorship?
5. Section 15 of the Act - Please expand on the circumstances in which licensing conditions will
constitute unfair restrictions on competition and confirm whether the ministerial regulations referred to in
this section have yet come into force?
6. Section 35.5 of the Act – Please explain the definition of a "reasonable amount" of computer
programmes that can be copied by a legitimate user so as to keep them for maintenance or prevention of
loss.
7. Section 35.8 of the Act – Please explain the scope of this section allowing for the adaptation of
computer programmes as necessary for use.
8. Section 55 – Please explain whether there is an opportunity for judicial review of Committee
decisions.
9. Section 62 – Please explain how this section complies with the requirements of Article 15.3 of the
Berne Convention so that where the author of an anonymous work is subsequently revealed, the copyright
in that work will revert back to him from the publisher of the work.
10. Section 66 of the Act - Please explain the scope and meaning of this provision.
11. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
12. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.IP/C/W/320
Page 56
13. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
14. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
15. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
16. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
17. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
18. Please quote what provisions of your legislation authorize the competent authorities to order the
destruction or disposal of infringing goods.
19. Please indicate whether your legislation provides for a de minimis  imports exception.
20. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection ofconfidential information.
C. T
RADEMARKS – TRADEMARKS ACT B.E. 2534 (1991) ( THE "ACT") AS AMENDED
21. Please confirm whether or not elements such as  sound, perfumes and containers, are protectable.
22. Section 9 of the Act - Please explain in detail whet her, and if so, how, application can be made for
trademark protection covering goods in different classes.
23. Please explain how your legislation complies with Article 16.3 of the TRIPS Agreement.
24. Please confirm whether or not your legislation pr ovides that the registration of trademarks be
indefinitely renewable.
25. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
26. Please indicate whether or not your legislation provides for a de minimis  imports exception.
27. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
D. G EOGRAPHICAL INDICATIONS
28. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
29. Please give the definition of a geographical indication in your legislation.IP/C/W/320
Page 57
30. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
31. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
32. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
33. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
34. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
35. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
36. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS – PATENT ACT B.E. 2522 (1979) AS AMENDED
37. Please explain whether or not essentially biological processes are excluded from your legislation.
38. Please describe how micro-organisms, non-essentia lly biological processes, and microbiological
processes are protected in your legislation.
39. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
40. Please state of your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.
41. Please clarify if the patent protection of a process covers the product directly obtained by that
process.
42. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
43. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement (eg. submission of justification for
access to genetic material or prior informed consent of its use). If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
44. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you defineIP/C/W/320
Page 58
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
45. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
46. Please explain whether your legislation provides for a mechanism to appeal final administrative
decisions to judicial bodies.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
47. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
48. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
H. P ROTECTION OF UNDISCLOSED INFORMATION
49. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
50. Please explain how your legislation defines "undisclosed information".
51. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT1
52. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
53. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
54. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection ofconfidential information.
55. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
                                                     
1 The following questions should be answered in relation to the folowing intellectual property rights:
geographical indications, industrial designs, layout-designs (topographies) of integrated circuits and undisclosedinformation.IP/C/W/320
Page 59
56. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
57. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
58. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
59. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
60. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
61. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
62. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
63. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
TUNISIA
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement whichrequires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.IP/C/W/320
Page 60
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.IP/C/W/320
Page 61
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevantsections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification forIP/C/W/320
Page 62
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that suchefforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it containsan unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.IP/C/W/320
Page 63
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
URUGUAY
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic andtechnological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.IP/C/W/320
Page 64
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne
Convention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventionsand in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration inthat respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.IP/C/W/320
Page 65
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.IP/C/W/320
Page 66
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, pleasepoint out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, please
explain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define
"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.
38. Please explain how your legislation provides for th e reversal of the burden of proof in relation to
process patents.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integratedcircuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to knowIP/C/W/320
Page 67
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.
52. Please explain if and how judges have the author ity to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.IP/C/W/320
Page 68
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
ZIMBABWE
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and
technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain
how such measures are consistent with the provisions of the TRIPS Agreement.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors in
relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the BerneConvention (1971)).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
4. Please state whether your legislation provides for a rental right and, if so, the works to which it
applies.
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and
broadcasting organisations under your legislation.
6. Please state whether your legislation provides for any limitation or exception in relation to each of
the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions
and in light of Articles 13 and 14.6 of the TRIPS Agreement.
7. Please state the terms of protection of each right described above and the work or subject matter
to which it applies.
8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18
of the Berne Convention (the obligation of which de rives from Article 9 of the TRIPS Agreement) and
Article 14.6 of the TRIPS Agreement.
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne Convention is
protected in your legislation.
C. T
RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.IP/C/W/320
Page 69
11. Please confirm whether or not services are a protectable subject matter in your trademark law.
Please confirm if signs, such as trade names, are protectable.  Please describe if elements such as sound,
perfumes and containers are protectable.
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration in
that respect.
13. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation concerning the use
of a trademark.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
16. Please give the definition of a geographical indication in your legislation.
17. Please describe and explain the provisions of your legislation establishing a link, if any, between
the characteristics of an indication and its geographical origin.
18. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
19. Please explain how exceptions under Article 24  of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered
as generic in your jurisdiction.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are protected.
21. Please explain how your legislation protects right holders of a design against importing of articles
bearing embodied or copied design.
22. Please state whether or not your legislation provides for the right to issue a compulsory licence
for industrial designs.
23. Please indicate for what period of time your legislation grants protection for industrial designs.
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial
application.IP/C/W/320
Page 70
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are enjoyed
without any exclusions.  If exclusions are provided fo r, please describe in detail how these exclusions are
applied in legal as well as practical terms.
26. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded from
patentability in your legislation. If so, please explain the relevant section of your legislation and explain
its formulation.
28. Please explain whether or not plants, animals and essentially biological processes are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation and
explain its formulation.
29. Please describe how micro-organisms, non-essen tially biological processes, microbiological
processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant
sections of your legislation.
30. Please explain how your legislation protects pate nt right holders against the importing and against
the offering for sale of a patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the
product obtained directly by that process.
33. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist, please
point out the relevant legislation and describe the additional conditions in detail.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
35. Please explain whether or not your legislation pr ovides for compulsory licensing. If so, please
explain in detail the conditions under which a compulsory licence may be granted.  In particular, pleaseexplain how your national legislation considers individual merits in the authorization of such use.
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to
obtain authorization from the right holder on reasonable commercial terms and conditions and that such
efforts have not been successful within a reasonable period of time. In this context, how do you define"reasonable period of time".  Please also explain how your legislation ensures that the use of a
compulsory licence shall be authorised predominan tly for the supply to the domestic market of the
Member authorizing such use.
37. Please state if your legislation grants additional protection for innovations after the 20 years of
patent protection has lapsed.IP/C/W/320
Page 71
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to
process patents.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
40. Please explain what protection your national le gislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including integrated
circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS
Agreement.
41. Please explain how your legislation provides for the derogation from Article 36 as specified in
Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know
when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains
an unlawful topography.
42. Please state the term of protection granted by your legislation to topographies.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the protection of
undisclosed information. If so, please give the time span.
44. Please explain how your legislation defines "undisclosed information".
45. Please explain how your legislation defines data submitted to governments or governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection of
confidential information.
49. Please quote provisions of your legislation that authorize judges to order a defendant to desist
from an infringement.
50. Please quote what provisions of your legislation authorize judges to order the payment to the right
holder of adequate damages to compensate the injury he suffered.
51. Please quote what provisions of your legislation authorize judges to order the payment of the right
holder's expenses by the infringer.IP/C/W/320
Page 72
52. Please explain if and how judges have the authority to order that infringing goods are placed
outside channels of commerce or destroyed.
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the
event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit
goods.
57. Please indicate whether or not your legislation provides for a de minimis  imports exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
__________