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Main information
Document symbol
IP/N/6/SUR/1
Distribution date
1. Notifying Member
Notifying Member
Suriname
On behalf of group
On behalf of other Members
Afghanistan
Albania
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Bahrain, Kingdom of
Bangladesh
Barbados
Belgium
Belize
Benin
Bolivia, Plurinational State of
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Congo
Costa Rica
Côte d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Democratic Republic of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Estonia
Eswatini
European Union
Fiji
Finland
France
Gabon
The Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Honduras
Hong Kong, China
Hungary
Iceland
India
Indonesia
Ireland
Israel
Italy
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Korea, Republic of
Kuwait, the State of
Kyrgyz Republic
Lao People's Democratic Republic
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macao, China
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Mauritania
Mauritius
Mexico
Moldova, Republic of
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Macedonia
Norway
Oman
Pakistan
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Romania
Russian Federation
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
Saudi Arabia, Kingdom of
Senegal
Seychelles
Sierra Leone
Singapore
Slovak Republic
Slovenia
Solomon Islands
South Africa
Spain
Sri Lanka
Suriname
Sweden
Switzerland
Chinese Taipei
Tajikistan
Tanzania
Thailand
Togo
Tonga
Trinidad and Tobago
Tunisia
Türkiye
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States of America
Uruguay
Vanuatu
Venezuela, Bolivarian Republic of
Viet Nam
Yemen
Zambia
Zimbabwe
2. Notification status
First notification
Addition
Revision/Replacement
Correction
Previous notification(s) referred to if known
IP/N/6/SUR/1
3. Brief introduction if applicable
4. Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
All intellectual property rights infringement cases are brought before the High Court.
2. Which persons have standing to assert IPRs? How may they be represented? Are there requirements for mandatory personal appearances before the court by the right holder?
Any stakeholder has standing to assert intellectual property rights. They may be represented by an attorney.
3. What authority do the judicial authorities have to order, at the request of an opposing party, a party to a proceeding to produce evidence which lies within its control?
There are no special provisions on enforcement for intellectual property rights.
4. What means exist to identify and protect confidential information brought forward as evidence?
There are no means to protect confidential information brought forward as evidence.
5. Describe the remedies that may be ordered by the judicial authorities and criteria, legislative or jurisprudential, for their use:
injunctions;
damages, including recovery of profits, and expenses, including attorney's fees;
destruction or other disposal of infringing goods and materials/implements for their production;
any other remedies.
The judge may order that the defendant seize all actions causing the infringement of a copyright or a trademark right.
6. In what circumstances, if any, do judicial authorities have the authority to order the infringer to inform the right holder of the identity of third persons involved in the production and distribution of the goods or services found to be infringing and of their channels of distribution?
Our legislation does not provide for the above mentioned.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined. To what extent are public authorities and/or officials liable in such a situation and what "remedial measures" are applicable to them?
Our legislation does not provide for the above mentioned.
8. Describe provisions governing the length and cost of proceedings. Provide any available data on the actual duration of proceedings and their cost.
Every case before court has to be decided in a “reasonable” period of time.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits and remedies that may result from these procedures.
Please refer to the answer to question 3 above.
5. Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the legal basis for such authority.
The above mentioned is not particularly provided for, for intellectual property matters.
11. In what circumstances may such measures be ordered inaudita altera parte?
The above mentioned is not particularly provided for, for intellectual property matters.
12. Describe the main procedures for the initiation, ordering and maintenance in force of provisional measures, in particular relevant time-limits and safeguards to protect the legitimate interests of the defendant.
The above mentioned is not particularly provided for, for intellectual property matters.
13. Describe provisions governing the length and cost of proceedings. Provide any available data on the actual duration of proceedings and their cost.
Please refer to the answer to question 8 above.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
Please refer to the answer to question 3 above.
6. Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs authorities of the release into free circulation, in particular whether these procedures are available also in respect of goods which involve infringements of intellectual property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51). Specify, together with relevant criteria, any imports excluded from the application of such procedures (such as goods from another member of a customs union, goods in transit or de minimis imports). Do the procedures apply to imports of goods put on the market in another country by or with the consent of the right holder and to goods destined for exportation?
Our legislation does not provide for the above mentioned.
16. Provide a description of the main elements of the procedures relating to the suspension of the release of goods by customs authorities, in particular the competent authorities (Article 51), the requirements for an application (Article 52) and various requirements related to the duration of suspension (Article 55). How have Articles 53 (security or equivalent assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of inspection and information) been implemented?
The Agreement on Trade-Related Aspects of Intellectual Property Rights has not yet been implemented in our legislation.
17. Describe provisions governing the length and cost of proceedings. Provide any available data on the actual duration of proceedings and their cost. How long is the validity of decisions by the competent authorities for the suspension of the release of goods into free circulation?
Please refer to the answer to question 3 above.
18. Are competent authorities required to act upon their own initiative and, if so, in what circumstances? Are there any special provisions applicable to ex officio action?
Articles 9, 10 and 11 of our Trademark Law provide for an application of the Attorney General Office for the invalidity of any trademark opposed to public order or morality.
19. Describe the remedies that the competent authorities have the authority to order and any criteria regulating their use.
Please refer to the answer to question 18 above.
7. Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
Please refer to the answer to question 1 above.
21. In respect of which infringements of which intellectual property rights are criminal procedures and penalties available?
In respect of copyright.
22. Which public authorities are responsible for initiating criminal proceedings? Are they required to do this on their own initiative and/or in response to complaints?
Please refer to the answer to question 18 above.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Please refer to our answer to question 2.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and other remedies that may be imposed:
imprisonment;
monetary fines;
seizure, forfeiture and destruction of infringing goods and materials and implements for their production;
other.
Articles 26 to 37 of our Copyright Law provide for effective action against infringement of copyright materials, such as compensation of the right holder, seizure and/or destruction of the materials and imprisonment of the offender.
25. Describe provisions governing the length and any cost of proceedings. Provide any available data on the actual duration of proceedings and their cost, if any.
Please refer to the answer to question 8 above.
8. Notes
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