Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states: 121.-(1) A person who, other than pursuant to a copyright licence- (a) makes for sale or hire; (b) imports into the Fiji Islands otherwise than for that person's private and domestic use; (c) possesses in the course of a business with a view to committing any act infringing the copyright; (d) in the course of a business- (i) offers or exposes for sale or hire; (ii) exhibits in public; or (iii) distributes; (e) in the course of a business or otherwise, sells or lets for hire; or (f) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, an object that is, and that the person knows or our ought reasonably to know is, an infringing copy of a copyright work, commits an offence. (2) A person who- (a) makes an object specifically designed or adapted for making copies of a particular copyright work; or (b) has such an object in the person's possession, when the person knows or ought reasonably to know that the object is to be used to make infringing copies for sale or hire or for use in the course of a business, commits an offence. (3) Subject to subsection (4), a person who- (a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or (b) causes a sound recording or film to be played in public or shown in public, if the playing or showing infringes copyright in the sound recording or film, and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, playing or showing respectively, commits an offence. (4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a broadcast or cable programme. Penalties for the above offences are prescribed under section 121(5) as follows: (5) A person who commits an offence under this section is liable on conviction- (a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same transaction, and to imprisonment for 12 months; (b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months, (c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of $100,000 and to imprisonment for 2 years.

At present there are no exceptions or exemptions in place of the National Treatment and the Most Favored Nation Treatment under Fiji's Copyright and Neighbouring Right Law, although the power to do so is vested in the responsible Minister by way of regulations which he has not exercised as yet. Performers' Rights (Part X) Division 8 which governs the Extraterritorial Application of Part X of the Copyright Act 1999 (which deals with Performer's Rights), contains the relevant regulation making power. "201-(1) The Minister may by regulations apply in relation to any country or place outside the Fiji Islands, any provision of this Part specified in the regulations. (2) Regulations made under this section may - (a) apply any provision 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 performances (3) The Minister must not make regulations under this section in relation to a country or place unless satisfied (a) in the case of a country that it is a Convention country, or (b) in either case - that reciprocal provision has been or will be made under the law of the country or place in respect of the class of performances to which the regulations relate." Copyright (Part XIII - Division 3) No exemptions or exceptions to the national treatment or most favoured nation treatment have been formulated as yet since the passage of the Copyright Act 1999, although the powers are vested on the Minister under it to do so by way of regulations, pursuant to section 227 (3) which stipulates: "(3) Regulations made under this section may – (a) apply any provision of this Act subject to specified exceptions and modifications; and (b) direct that any provision of this Act applies either generally or in relation to a specified class of works, or other class of cases. Section 227(4) of the Act stipulates: (4) The Minister must not make any regulations under this section in relation to a country or place unless satisfied - (a) in the case of a country that it is a Convention country; or (b) in either case that provision has been or will be made under the law of the country or place, in respect of the class of works to which the regulation relates, giving adequate protection to copyright owners under this Act."

Fiji's current legislative framework does not prescribe protections for geographical indications.

At present, there are no exceptions, although pursuant to section 23 of the Patents Act allows the Attorney-General to make regulations for regulating procedure under this Act.

At present, the legislation does not address importation of patents.

At present, the legislation does not address granting of a compulsory licence.

At present the legislation does not make express provisions for the reversal of burden of proof.

At present, there is no provision in the legislation for protection of undisclosed information.

Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).

Pursuant to sections 44 and 60 of the Trademarks Act, a person may bring a claim in the Fijian Court for alleged infringement of a trademark. Under section 28 of the Patents Act, a person may bring a claim in the Fijian Court for being prejudicially affected by the issue of a certificate of registration.

Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).

At present, there have been no new initiatives to improve enforcement of patents and trademarks, however we are currently in the process of reviewing our laws on patents and trademarks.

Pursuant to s227(2), regulations may be made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: (a) persons who are citizens or subjects of a country or who ore domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji Islands. (b) in relation to bodies incorporated under the law of a country or place as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) in relation to works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) in relation to broadcasts made from, or cable programmes sent from, a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.

Computer programs are protected as any other work, with the issue of the author covered by section 5(2) (a) of the Act which stipulates: "(2) For the purposes of subsection (1), the person who creates a work is - (a) in the case of literary, dramatic, musical or artistic work that is computer-generated-the person by whom the arrangements necessary for the creation of the work are undertaken."

Section 229(o) of the Act stipulates that: "229. The Minister may make regulations for all or any of the following purposes – (o) authorising, subject to specified conditions, the rental to the public of copies of - (i) any specified class or classes of computer program; (ii) any specified class or classes of sound recording, or (iii) any audio visual work or specified class or classes of audio visual work, without the consent of the owner of the copyright in the work." Pursuant to s73 of the Act, copyright in a work (being a computer program, sound recording, or audio visual work) is not infringed by the rental of that work to any person by an educational establishment or a prescribed library if they do not rent out the work for profit or if the work has previously been put into circulation with the licence of the copyright owner

Section 22 Copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies. Section 22(3) If the work is computer generated copyright expires at the end of 50 years after the end of the calendar year of a authorized publication of the work or if there is no authorized publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making. Section 22(4) If the work is of unknown authorship copyright expires at the end of 50 years after the end of the calendar year of authorized publication of the work. Section 23(3) Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made or is first made available to the public, or is first published, whichever is the latest. Section 24 Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public. Section 25 Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.

Part X of the Copyright Act 1999 (Fiji), covers Performers' Rights, sections 166, 167 168 and 169 of which cover infringements by a person or persons, who without a performer's consent for a commercial purpose makes a recording of the whole or substantial part of a performance, by means of an illicit recording or copies of a recording knowing or having reason to believe that it was made without the performer's consent. A performer's rights are infringed by a person who without the performer's consent imports into Fiji other than for his private and domestic use or in the course of business possesses, sells or lets for hire c recording that the person knows or ought to have known is on illicit recording.

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."

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.

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.