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 5 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 United States of America 6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of Fiji implements these obligations and indicate the term of protection.
As indicated in response to question 5, the performer's rights ore protected in a number of ways, but all of which require that the performer's consent is required. For example, s166(1) of the Act stipulates: "(1) A performer's rights are infringed by a person who without the performer's consent - (a) makes, otherwise than for the person's private and domestic use, a recording of the whole or any substantial part of the performance; or (b) broadcasts live, or communicates to the public, the whole or any substantial part of a performance." The performer's right to authorize or prohibit the commercial rental to the public of originals or copies of their program may be implemented by regulations made by the Minister. Section 201(2) of the Act, (contained in Part X covering Performer's Rights) stipulates: "Regulations made under this section may - (a) apply any provisions of this Part subject to specified exceptions and modifications; and (b) direct that any provision of this Part applies either generally or in relation to a specified class of performers."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 7. Please describe the subject matter that can comprise a trademark under the trademark law of Fiji.
Under section 2 of the Trademarks Act, trade-mark included a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 8. Please describe the procedure that must be followed to register a trademark in Fiji, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
The procedure for the registration of a Trade mark is under section 11 (1) of the Trademarks Act and the prescribed manner is provided in the Second Schedule of the Act. Section 11 (1) of the Act stipulates: "11.-(1) Any person claiming to be the proprietor of a trade-mark who is desirous of registering the same shall apply in writing to the Registrar in the prescribed manner. (2) Subject to the provisions of this Act, the Registrar may refuse such application or may accept it absolutely or subject to conditions, amendments or modifications or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose. (3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the court. (4) An appeal under this section shall be made in the prescribed manner and on such appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise the application is to be accepted. (5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar other than those stated by him except by leave of the court hearing the appeal. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. (6) The Registrar or the court as the case may be may at any time, whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his application upon such terms as they may think fit." As outlined above under Section 11 (3), if the Registrar after considering the application for registration of a trademark refuses or accepts the application on conditional grounds, the applicant if he or she requires has the right to ask the Registrar to state in writing the grounds of the Registrar's decision and the materials used by the Registrar in arriving at the same, and such decision shall be subject to appeal to the court.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 9. Please provide the length and terms of protection the trademark law of Fiji provides for a trademark.
Registered trademarks are protected for 14 years from the date of registration, as per section 27 of the Act. Registration of a trademark can be renewed within the prescribed time for another period of 14 years. Section 27 stipulates that: "27. The registration of a trade-mark shall be for a period of fourteen years but may be renewed from time to time in accordance with the provisions of this Act."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 10. Please explain whether the laws of Fiji provide well-known servicemarks with the same protection as well-known trademarks under Article 6bis of the Paris Convention, as required by Article 16.2 of the TRIPS Agreement.
At present, the Trademarks Act only provides for trademarks in connection with goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 11. Please explain whether the relevant authorities in Fiji, in determining whether a mark is well-known, take account of knowledge of a trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of the trademark.
The Fiji Intellectual Property Office in receiving application for trademarks considers well known trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period for opposition will cater for any objections albeit from a well-known trademark holder or not.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 12. Please explain in detail how well-known trademarks are protected in Fiji and cite to the relevant provisions of law.
At present, there is no provision for well-known trademarks.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 13 . Please describe in detail how the laws of Fiji provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
At present, there are no provisions for the recognition and protection of geographical indicators.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 14. Please describe in detail the manner in which the additional protection required for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
At present, there are no provisions for the protection of wines and spirits.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of Fiji, and describe the nature of the protection provided.
At present there are no provisions for the protection of industrial designs however we are in the process of drafting a legislation governing industrial designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 16. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
At present, there are no provisions for the protection of textile designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 17. Please describe in detail the way in which the patent law of Fiji implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
Under section 5 of the Patent Laws, the exceptions are: (a) if the invention is of no utility; (b) if the invention at the time of presenting the petition was not a new invention; (c) if the petitioner is not the true and first inventor thereof; or (d) if the petition or any specification contains a wilfully false statement. The only other exception is pharmaceuticals as provided in section 3A of the Patents (Amendment) Act 2002.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 18. Please describe in detail the rights provided patent holders under the patent law of Fiji and cite to the relevant provisions of law.
The patent holder is granted exclusive rights to his/her invention, unless it is for making, constructing, using or selling a patented invention in respect of a pharmaceutical product or substance, as provided in section 3A.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 19. Please describe in detail any provisions in the laws of Fiji permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
As stated above, unauthorized use of a patent is provided for solely in respect of pharmaceutical products or substances.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 20. What term of protection does the patent law of Fiji provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
Under section 3 of the Patents Act, the inventor has exclusive right to his/her invention. This is further provided under section 4 which entitles the inventor to the exclusive right to use, sell or make his/her invention for a period of 14 years from the date of the grant of the letters of patent. For all patents granted in the United Kingdom, the inventor may accordingly apply to the Solicitor-General within 3 years from the date of its issue for registration of the patent in Fiji. Once granted, the patent shall continue in force in Fiji for so long as the patent remains in force in the United Kingdom. There is no specific provision in the Patents Act for the extension of the patent once the term expires, however, a person who requires an extension would normally apply for grant of a new letters of patent.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 21. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Fiji, including the term of protection, and cite to the relevant provisions of law.
At present, there are no express provisions for the protection of layout-designs of integrated circuits provided under the laws of Fiji.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 22. Please describe in detail how the laws of Fiji provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
As far as the laws pertaining to intellectual property is concerned, there are no express provision for the protection of undisclosed information in the relevant laws.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 23. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Fiji and cite to the relevant provisions of law.
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 24. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 25. Please describe in detail the manner in which the laws of Fiji provide for effective action against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016

Page 5 of 677   |   Number of documents : 13533

 
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