Trade-Related Aspects of Intellectual Property Rights - Laws and Regulations under TRIPS Art. 63.2

Main dedicated intellectual property law or regulation (Main laws and regulations must be notified in a WTO language (English, French or Spanish). Where an authentic national text of a law or regulation is not available in a WTO language, the authentic text of that law or regulation in a national language shall be notified, in addition to the translation into a WTO language.)

Other law or regulation (Other laws and regulations can be notified in a Member's national language)

6. Brief description

There are some provisions in laws 9.279, 9.609 and 9.610, which are specifically related to civil judicial procedures and remedies, such as: a) Law 9.279: Articles 46 to 49, 56 and 57 which regulate the nullity of patents; Article 118, which regulates the nullity of industrial designs; Articles 165 to 167, 173 to 175, which regulate the nullity of trademarks; Article 206, which contains provisions concerning "in camera proceedings" related to industrial property rights; and Articles 207 to 210 which contain general provisions concerning civil actions related to the violation of intellectual property rights. b) Law 9.609: Article 14, caput, paragraphs 1 and 5, which contains provisions concerning civil actions related to the violation of software copyright; and paragraphs 2, 3 and 4, which contain provisions concerning "in camera proceedings" and provisional remedies related to software copyright. c) Law 9.610: Articles 102, 105, 106 and 109, which contain provisions concerning various civil procedures related to copyright and related rights; and Articles 103, 104, 107, 108 and 110, which contain provisions concerning civil actions related to the violation of copyright and related rights. There are some provisions in Laws 9.279 and 9.609, that concern criminal procedures, such as: a) Law 9.279: Articles 183 to 195, which refer to violations related to industrial property rights; and Articles 196 to 206, which contain general provisions concerning procedure in case of industrial property violations. b) Law 9.609: Articles 12 and 13, which contain provisions concerning criminal actions and violations related to software copyright.

7. Date of entry into force

Date of entry into force (DD/MM/YYYY)

Please provide explanation if necessary

Law 9.609, dated 19 February 1998; Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997); Law 9.610, dated 19 February 1998 (entered into force on 20 June 1998)

8. Other date

Adoption, or

Enactment, or

Publication, or

Issuance by legislature or executive

None

DD/MM/YYYY

Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Main information

1. Notifying Member

2. Subject matter

3. Notification status

4. Title of law or regulation

5. Nature of notification

6. Brief description

7. Date of entry into force

8. Other date

9. Other information (if applicable)

10. Contact information of agency or authority responsible

11. Link to Legal text

12. Notes