Review of TRIPS Implementing Legislation - Search

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Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

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Page 10 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 39. Please describe how your legislation protects Topographies.
Response to Questions 39 to 42). At present, the legislation does not provide for topographies.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 40. Please explain what protection your national legislation 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.
Response to Questions 39 to 42). At present, the legislation does not provide for topographies.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 42. Please state the term of protection granted by your legislation to topographies.
Response to Questions 39 to 42). At present, the legislation does not provide for topographies.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 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.
Response to Questions 39 to 42). At present, the legislation does not provide for topographies.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 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.
(Response to Questions 43 and 44). At present, the legislation does not address protection of undisclosed information
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 44. Please explain how your legislation defines undisclosed information.
(Response to Questions 43 and 44). At present, the legislation does not address protection of undisclosed information
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 45. Please explain how your legislation defines data submitted to governments or governmental agencies.
While sections 58 to 61 of the Copyright Act prescribe the use of copyright material by the State, rights of third parties in respect of State use, proceedings against the State, and Acts done under statutory authority, at present the legislation does not define data submitted to governments or governmental authorities.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
Pursuant to section 109 of the Trade-marks Act, an infringement of copyright is actionable by the copyright owner. Reliefs are obtained by way of damages, injunctions, accounts, or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right. Furthermore, section 111 prescribes delivery up in civil proceedings if a person has possession, custody or control of an object specifically designed or adapted for making copies of a copyright work and that object has been used or is to be used to make infringing copies. In addition, section 112 allows the copyright holder or a person authorized by the copyright owner to seize and detain an infringing copy of a work which is found exposed or otherwise immediately available for sale or hire. Section 113 extends the rights of exclusive licensee's the same right and remedies under sections 109, 110, 111 and 112, after the grant of a license, as if the license were an assignment. Please note that under the Patents Act, infringement action can only be brought to the high court for UK patents
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
The TM Act prescribes under section 11 that in the case of refusal or conditional acceptance by the Solicitor-General to register a trade-mark, shall be subject to appeal to the high court. Further, the Act provides under section 13(5) that the decision of the Solicitor-General after hearing parties on opposition to registration, shall be subject to appeal to the high court. Also, section 32 provides that where a person is entitled by assignment, transmission or other operation of law to a registered trade-mark, he or she shall make an application to the Solicitor-General to register his or her title. Any decision of the Solicitor-General under this section is also subject to appeal to the court. Under the Patents Act, section 13 provides that the Attorney-General's decision in refusing a provisional certificate can be appealed to the court. Further, under section 15, if a person opposes an application for a letters patent, if the decision of the Attorney-General is adverse to the party holding the provisional certificate, that person may appeal such decision to the court.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 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.
Section 213 of the Copyright Act allows the Tribunal to issue a witness summons to a person requiring the person to appear before the Tribunal to give evidence. Failure to attend incurs a penalty of $2000.00. At present, neither the Patent Act nor Trade-mark Act contain provisions which authorize judges to order production of evidence. The Patents Act at present has no provision on the protection of confidential information.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 49. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
Under the Copyright Act, the court can order injunctions pursuant to sections 109(2), 110(3), 115(3) and 191(a).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 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.
Under the Copyright Act, damages can be awarded pursuant to sections 80(2)(c), 101(2), 109(2), 110(2), 114(4)(a), 115(2), 169(2), and 191(3)(b) and 191(4).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 51. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
At present, there are no specific provisions for the court to order payment of the right holder's expenses by the infringer. However, as alluded in #50 above, under the Copyright Act, damages are a remedy for infringement and will cover losses suffered by the right holder.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 52. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
Division 6 of the Copyright Act prescribes the procedures relating to disposal of infringing copy or other objects. Pursuant to Division 6, Section 125 (a) and (b) of the Copyright Act allow the court to make orders for forfeiture to the copyright owner or for the infringing items to be destroyed or otherwise dealt with as the court thinks fit.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
At present, the legislation has no provisions allowing judges to indemnify a defendant in the event of abuse by a Plaintiff.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
At present, there are no provisions implementing Article 50 of the TRIPS Agreement.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 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.
Section 35 of the Copyright Act prevents the importation of infringing copies. However, at present, there is not competent authority with the power to suspend the release of counterfeit goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
At present, there are no legal provisions to suspend the export of counterfeit goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. Section 125 stipulates that: "125.-(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order under section 111 or 123 or seized pursuant to section 112 or 122 be- (a) forfeited to the copyright owner; or (b) destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order (if any) should be made under subsection (1), the court must have regard to- (a)whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner. (3) Before making an order under subsection (1), a court must issue directions as to the service of notice on persons who have an interest in the copy or other object. (4) A person who has an interest in a copy or other object which is the subject of an application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not the person appears in the proceedings. (5) An order made under subsection (1) does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any other order it thinks just. (7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 58. Please indicate whether or not your legislation provides for a de minimis imports exception.
At present, the legislation does not provide for a de minimis imports exception.
20/05/2016

Page 10 of 677   |   Number of documents : 13533

 
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