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 1 of 496   |   Number of documents : 9912

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates Canada 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates Canada 2. What protection does your copyright legislation afford to "foreign works"?
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention, Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection. Computer programs are protected by the 1992 Copyright Law No. 40. Article 2 of this law mentions computer programs under the scope of protection. The draft amendment will introduce under the above-mentioned scope computer programs applications as well as compilations of data. The rental right is available under the existing law through the right of free exploitation provided for in the Article 14 of the 1992 Copyright Law. The draft amendment will introduce clearly the exclusive rights to exploit, under the rental right, literary works, including computer programs and cinematography work. The term of protection of copyright other than photography work is determined by the period of life of the owner and 25 years after his death. The draft amendment will extend this period to 50 years.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates Canada 3. Please describe if there are any administrative procedures which are prerequisites for obtaining copyright protection, and if so, how do they comply with TRIPS obligations.
The 1992 Copyrights and Neighbouring Rights law No. 40 stipulates in its Article 4 that the copyrights shall be registered in the Ministry of Information and Culture and non-deposit of the work does not prejudice any of the protection aspects of the rights decided by the law. Article 33 stipulates that the Ministry of Information and Culture establishes a system for registration of copyrights and any actions that will occur on them. The bylaw of the 1992 Copyrights Law indicates the administrative procedures to be followed by the owners in pursuing depositing or registering actions.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates Canada 4. Please describe under what circumstances "fair use" exceptions apply to copyright protection, and is this in line with TRIPS obligations.
The 1992 Copyrights Law No. 40 determines in its Article 14, as follows, the actions allowed without the consent of the owner of copyright: - the personal use of the work through copying or translating it. - The use of the work in the educational system with the purpose of the clarification through copies, programmes and reproductions for educational, cultural and religious purposes. The use must be in the necessary limit, provided that this will not seek any monetary profit and the name of the author and the origin of the work be indicated. - Quotation of paragraphs with the purpose of clarification, explanation and criticism and to the extent usually observed and necessary to reach the set objective, provided that the name of the author and the origin of the work be indicated. - Copying information and political, economic, social, cultural and religious press articles related to current events and their publication by newspapers as well as broadcasting works of like nature provided that the origin be mentioned. - Copying any audio or visual work relating to current events presented in broadcasting news and publishing it in the limit of the set objective and with the mention of the name of the author. - Public libraries, non-commercial documentation centers, educational and cultural and scientific institutes may copy protected works in the limit of the necessary needs, provided that this will not prejudice the author’s rights. - Newspapers and other news agencies may publish presentations made during judicial procedures and other similar works presented to the public, provided that the name of the author be mentioned. The amendments of the 1992 Copyrights law envisage reorganizing these provisions to cope with the TRIPS Agreement. The envisaged amendments are presented as follows: Without prejudice to literary rights of the author stipulated in the mentioned law, the author after the publication of his work must not prohibit a third person to perform one of the following acts: - To make a sole copy from the work for the merely non-commercial or professional but personal use, except the works of the fine and applied arts unless were located in public place. The works of architecture are also excepted. - To make a sole copy of computer programme with acknowledgement of its legitimate acquisitor who has a unit to derive from, provided that such act occurs in the limits of the licensed purpose or the purpose to retain or substitute at the time of losing the original, been damaged or became invalid to use. - Copying protected works to use them in judicial procedures or analogous to them within the limits required by such procedures provided that the source and the author name be mentioned. - Taking a sole copy of the work with acknowledgement of records house or archives, libraries, or documentation centers who do not seek direct or indirect profit all in the following two cases: (i) copying must be for the purpose of preservation of the original, or to exchange it for a lost, destroyed unsuitable to use or unobtainable copy against reasonable conditions; (ii) the purpose for copying must be in reply to application by a natural person to use it for research or study provided that it must be granted for one time or for interrupted periods of time provided that obtaining a license became impossible in accordance with the provisions of the law. - Quotation of short paragraphs, derivation or reasonable analysis of the work for the purpose of criticism, discussion, or information provided mentioning the source and the author’s name. - Performing the work in family meetings or by students in an educational institute against no direct or indirect remuneration. - Presenting the fine arts, applied and plastic arts works or architectural works in broadcasting programmes, if such works are permanently present in far places. - Reproduction of written, sound or audio-visual short excerpts for cultural, religious, educational or vocational training purposes provided that copying be in reasonable limits of its purpose and that the name of the author and the title of the work be mentioned wherever is possible and that the copying authority does not aim at direct or indirect profit and that license for copying was unobtainable in accordance with the provision of the law. Also under the same amendments, the author has no right to prohibit the copying made by newspapers, periodicals, broadcasting organizations within the limits justified by the aimed purpose to publish any of the following: - Excerpts of his available works to the public in a legal manner. This applies also on communicating excerpts from audio or visual works during current events, broadcasting or communicating them to the public by any other medium. The source and author’s name must be mentioned. - The published essays relating to discussion of issue preoccupying the public opinion in certain time, as long as no notification of prohibition was served at the time of publication provided that the source and author’s name must be mentioned. - Addresses, lectures, speeches recited in open sessions of parliamentary or judicial councils and public meetings as long as such lectures and speeches are addressed to the public and copied within the limits of copying the current news. All these restrictions on the economic rights of the authors are applied on the holders of neighbouring rights.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 1. Please describe if your legislation includes measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and technological development as mentioned under Article 8 of the TRIPS Agreement. If yes, please explain how such measures are consistent with the provisions of the TRIPS Agreement.
In addition to specific laws related to the protection of public health and nutrition, including the Anti-fraud and Defraud Law, Civil Law, the 1992 Patent and Design Law No. 44 in Section one on Patents and Utility Certificates (Article 6) stipulates that neither a patent nor a utility certificate shall be granted for the following: - plant or animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products thereof, - chemical inventions related to foodstuffs, drugs or pharmaceuticals, unless such products are made by means of special chemical process, in which case protection shall extend only to the process and not to the products of the processes, - scientific principles and discoveries, - inventions related to national defense, - inventions, which, if disclosed or exploited, would be contrary to public policy and morality. It is to be noted however that, in order to be consistent with the provisions of the TRIPS Agreement, the draft amendment of the 1992 Patent and Design Law No. 44 will introduce new elements by eliminating the mention of the second above-mentioned sub-paragraph (ii) as exception from granting patent. In addition, the amendment will introduce diagnostic, therapeutic and surgical methods for the treatment of humans or animals among exceptions from granting patent as provided for in Article 27 of the TRIPS Agreement. Furthermore, Section two of the 1992 Patent Law provides for compulsory licences and the reasons of obtaining them in addition to the procedure stipulated in Article 29 under which they are granted. These provisions are also amended to bring the above-mentioned Law in conformity with Articles 30 and 31 of the TRIPS Agreement and to facilitate reading and understanding thereof. The new elements introduced through the amendment are mainly related to the non-exclusivity of compulsory licenses, their restriction to the local market, and the fair compensation for the patent owner. The efforts to be exerted within reasonable period of time for obtaining voluntary license, the prohibition to transfer compulsory licenses and other conditions are also introduced through the amendment to conform to the TRIPS provisions. The public emergency, the public interest and non-commercial uses are also mentioned as grounds of granting compulsory licences.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 2. Please state how your legislation provides for the protection of the exclusive rights of authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971)).
The 1992 Copyrights Law No. 40 lays down provisions to protect the exclusive rights of authors in relation with their literary and artistic works and determine the scope of the protection. The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison and compensation. The draft amendment will provide additional measures to allow enforcement of copyrights as referred to in the TRIPS Agreement. The obligations contained in Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope of copyright in terms of categories and subjects covered as well as the nature of the protection.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
The 1992 Copyrights Law No. 40 protects computer programs. Article 2 of this law mentions computer programs under the scope of protection. As mentioned in the answer to question no. 2, Articles 37-44 provide for preventive measures and penalty in order to enforce and protect the owner rights, including computer programs. The draft amendment will bring computer programs applications as well as databases into the scope of copyright protection. It will introduce in clear terms the exclusive rights to exploit literary works, including computer programs, databases and compilation of data.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
The rental right is available under the existing law through the right of free exploitation provided for in Article 14 of the 1992 Copyright Law. The rental right applies to all copyrights except for the computer program if the program does not constitute itself the main subject of the rental. It does not apply also to cinematography works unless the rental right is affecting their normal exploitation.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organizations under your legislation.
The 1992 Copyright Law includes the rights of producers of phonograms and broadcasting organisations under the protection of copyrights. However, the broadcasting of normal news and events do not fall under the umbrella of the protection unless they are assembled an innovative way or were subject to a personal effort that deserves protection.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 6. Please state whether your legislation provides for any limitation or exception in relation to each of the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
The protection doesn’t cover just ideas, procedures, methods of work or function, concepts, principles, inventions and information as such even when they are expressed or explained or clarified or included a copyright. The protection does not cover also official documents regardless of their original language or the language to which is translated. The broadcasting of normal news and events does not benefit from the protection unless they are assembled in an innovative manner or subject to a personal effort that deserves such a protection as mentioned above.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
The term of protection of copyrights and neighbouring rights is determined as follows: - As regards the author rights, the term of protection is determined by the period of life of the owner and 25 years after his death. The draft amendment will extend this period to 50 years as referred to in the TRIPS Agreement. - The term of protection of the rights of the joint authors is determined by their period of life and 50 years begin from the date of the death of the last surviving author. - The term of protection of the authors of collective works except the authors of applied arts is 50 years begin from the date of the first publication. - The term of protection of the rights of the authors of the applied artwork is 25 years from the date of their publication. - The term of protection of the rights of the performers is 50 years from the date of the Accomplishment of the work performed. If the performance was fixed in a phonogram the period would be calculated from the end of the year in which the fixation was made. - The term of protection of the rights of the producers of phonograms is 50 years from the date of publication or fixation if it was not published. - The term of protection of the rights of the broadcasting organisations is 20 years from the next year to the year in which the first transmission of the program was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
The 1992 Copyrights Law Articles 38-44 provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection. Furthermore, the amendment envisages to state that in case of conflict of laws the provisions of the law shall apply on the works, performances, phonograms, broadcasting programs related to foreigners on conditions of reciprocity, and without prejudice to the provisions of the international agreements to which the UAE is party.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
The 1992 Trademarks Law No. 37 defines in its Article 1 a sign as a drawing which can be seen and which constitutes one element. Article 2 of the same law considers as trademark, among others, signs, which take a particular form if they are used to distinguish goods, products or services, or to indicate that the products, goods or services are the properties of the owner of the mark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 10. Please confirm whether or not services are a protectable subject matter in your trademark law. Please confirm if signs, such as trade names, are protectable. Please describe if elements such as sound, perfumes and containers are protectable.
The 1992 Trademarks Law provides for protection of services-related trademarks in the same conditions of the protection of goods-related trademarks. The sign is protected if it constitutes a trademark as explained in the answer to question no. 9. The sound constitutes an element of the trademark if it accompanies the trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 11. Please explain what the requirements of use are, if any, as a condition for a trademark registration. Please explain the definition of use and the conditions of maintenance of a registration in that respect.
Article 22 of the Trademarks Law allows the court to decide on the deletion of the registration of a trademark if it was determined that the mark has not been used effectively during five years unless the owner justifies the non-use of the trademark. The amendment of this article will further clarify this situation by adding that the non-use of the trademark should not be a reason of the deletion if it is outside of the power and the will of the owner.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Article 19 of the Trademarks Law permits that the registration of trademarks be indefinitely renewable.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
The 1992 Trademarks Law in its Article 3 prohibits the registration of marks that are contrary to the morality or to the public order. The marks aimed at confusing the public with regard to the origin of the goods or services or including counterfeit or fraud, etc are not permitted. The by-law of the 1992 Trademarks Law defines administrative requirements under which a trademark is registered.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 14. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
The Trademarks Law allows the trademarks registration authority to refuse a trademark application if it contains a geographical indication that its use leads to confuse the public with regard to the origin of the related goods or services.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 15. Please give the definition of a geographical indication in your legislation.
The Trademarks Law does not contain a definition of geographical indication as such. However, all sorts of names, including geographical indications, are considered as trademarks if they are used to distinguish goods or services with regard to their production, selection or commercialisation. The explicit exclusion of geographical indications, which lead to confusing the public with regard to the origin of the concerned goods or services, confirms that the Trademarks Law covers the geographical indications as referred to in the TRIPS Agreement.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 United Arab Emirates European Union 16. Please describe and explain the provisions of your legislation establishing a link, if any, between the characteristics of an indication and its geographical origin.
See the answer to question no. 15.
02/02/2004

Page 1 of 496   |   Number of documents : 9912

 
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