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 9 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 19. 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.
At present, the IP framework does not extend to the protection of designs dictated by technical or functional considerations. No provisions are available for protection of textile designs either.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 20. Please explain how your legislation protects right holders of a design against importing of articles bearing embodied or copied design.
At present, there are no protections for rights holders against imported items bearing embodied or copied designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 21. Please state whether or not your legislation provides for the right to issue a compulsory licence for industrial designs.
The current legislation does not provide for the right to issue compulsory licenses for industrial designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 22. Please indicate for what period of time your legislation grants protection for industrial designs.
There is currently no protection for industrial designs.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 23. Please describe how your legislation defines the notions of: novelty, inventiveness and industrial application.
At present, the legislation does not define any of these terms.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 24. 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.
Section 3 of the Patents Act provides that every inventor is entitled to the sole exclusive right of and in his invention. This Act does not prescribe any exclusions to the enjoyment of patent rights.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 25. 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.
The Patents Act does not provide for the exclusion of patentability based on ordre public or morality. Please note, however, that the Trademark Act per section 10 restricts registration of "…a trade-mark or part of a trade-mark any matter the use of which would, by reason of its being calculated to deceive or otherwise, be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 26. 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.
At present, diagnostic, therapeutic, and surgical methods are not excluded from patentability in Fiji's legislation.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 27. 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.
At present, plants, animals and essentially biological processes are not excluded from patentability in Fiji's legislation.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 28. Please describe how micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are protected in your legislation. Please explain, in this respect, the relevant sections of your legislation.
At present, micro-organisms, non-essentially biological processes, microbiological processes and plant varieties are not protected in the current legislation.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 29. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
At present, there are no provision for protection of rights holders against the importing and against the offering for sale of a patented invention.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 30. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
At present, the Patents Act does not provide protection of pharmaceutical and agricultural chemical products. In fact, section 3A provides that pharmaceutical products and substances are exceptions to infringement of patent rights.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 31. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
The legislation does not cover the patent protection of a process or the product obtained directly by that process.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 32. 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 legislations and describe the additional conditions in detail.
There are no additional conditions other than the sufficient disclosure required in making the petition for a letters patent.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 33. 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.
As stated above, Section 3A provides that "it is not an infringement of patents in pharmaceuticals for any person to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance, solely for uses reasonably related to the development and submission of information required under any law of the Fiji Islands or of another country that regulates the manufacture, construction, use or sale of such pharmaceutical product or substance."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 34. Please explain whether or not your legislation provides 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.
At present, the Patents Act does not provide for compulsory licensing.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 35. 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 predominantly for the supply to the domestic market of the Member authorizing such use.
At present, the Patents Act does not provide for a proposed user to obtain authorization from a right holder.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 36. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
At present, Section 4 of the Patents Act only allows 14 years of patent protection and there are no additional protections after this period has lapsed.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 37. Please explain how your legislation provides for the enhanced patent protection of patents or patent applications pending on 1st January 1995.
The Patents Act does not provide for enhanced protection of patents or patent applications pending on 01/01/1995.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji European Union 38. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
The Patents Act does not provide for the reversal of burden of proof.
20/05/2016

Page 9 of 677   |   Number of documents : 13533

 
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