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 13 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 29. Please describe in detail the procedures under the laws of Fiji that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 30. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Fiji are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 32. Please describe in detail how the laws of Fiji implement Article 61 of the TRIPS Agreement that requires Members to have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. Please cite to the relevant provisions of law and regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 33. Article 61 also requires that remedies in appropriate cases include the seizure, forfeiture and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence. Please describe the provisions in the laws of Fiji that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 34. Please provide statistical information related to civil copyright, trademark, geographical indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of cases filed; injunctions issued; infringing products seized; infringing equipment seized; cases resolved (including settlement); and the amount of damages awarded.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 35. Please provide statistical information related to criminal enforcement in the area of copyright piracy and trademark infringement for 2000, including the number of raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines were paid and whether the jail term was actually served or was suspended) and any other information establishing that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 1: We note that during the accession process, we had an opportunity to review Tajikistan's Copyright law, but that the Copyright law has not been notified to the WTO pursuant to TRIPS Article 63, or at least such a law is not reflected in the WTO database of such laws. Has the Copyright law been notified?
Tajikistan's reply: The Copyright Law has been notified in the meantime.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America WT/ACC/SPEC/TJK/5/Rev.2: Question 2: Page 82, paragraph 261: There is a wording/translation problem in Articles 4 and 30, that the government of Tajikistan noted would be clarified in document WT/ACC/TJK/23, questions 77, 87 and 95.
Tajikistan's reply: Paragraph 261 of WT/ACC/SPEC/TJK/5/Rev.2 does not appear to refer to "a wording/translation problem in Articles 4 and 30". However, any wording / translation issues that may have existed at time document WT/ACC/TJK/ 23 was compiled, have been corrected.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Follow-up question: This issue has still not been addressed as the final boldface paragraph in Articles 4 and 30 still says "and" instead of "or".
Tajikistan's reply to follow-up question: The answer requires further investigation and will be provided at a later stage.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 3: Page 83, paragraph 262: In earlier documents, the GOT had clarified that works whose term had expired and had fallen into the public domain in Tajikistan would still be protected in Tajikistan if they had not fallen into the public domain in their country of origin. WT/ACC/TJK/23, Questions 77, 87 and 95.
Tajikistan's reply: Tajikistan reconfirms that this is still the case - works whose term had expired and had fallen into the public domain in Tajikistan would still be protected in Tajikistan if they had not fallen into the public domain in their country of origin .
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 4: Page 83, paragraph 263: As noted In WT/ACC/TJK/24, question 94, this exception would not apply to books that the publisher makes available in Braille, regardless of whether the work was "originally" created in Braille or not.
Tajikistan's Reply: The exception in Article 20 (6) of the Law on Copyright and Neighboring Rights refers to reproduction of copyrighted works initially made available in a 'conventional ' manner. Such works can be reproduced using Braille, thus making them available to the blind. However, this exception does not cover the works that have been created to be published in Braille, which are protected by copyright as any other work.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Follow-up question: If a book was originally made in a "conventional manner," such as a print book, and the publisher is now also making copies of the book available in Braille, would the Article 20(6) exception apply?
Tajikistan's reply to follow-up question: Yes, it would, provided that the copies are made not for profit.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 5: Page 83, paragraph 264: We would like to understand this better. What right holders are subject to these government regulations? Can an exclusive right holder deny use or demand whatever payment or concessions it wants to license use of its works?
Tajikistan's reply: These government regulations set the minimum remuneration only. The purpose is to protect the right holders (authors), who are usually a weaker contracting party and ensure that they will receive the minimum, justified remuneration for transferring of their rights. These regulations cover all authors/ right holders, referred to in the Law on Copyright and Neighboring Rights. However, these regulations do not in any way regulate or limit the right of the exclusive right holders to freely dispose of their rights. Consequently, exclusive right holder is entitled to deny use or to demand whatever payment or concessions it wants to license use of its works.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America WT/ACC/TJK/24: Question 6: Page 27, Question 65/ 84: Please confirm that the owners of audiovisual works have the exclusive right of "in sequence" demonstrations. Does Article 16(5) include both in and out of sequence demonstrations? Please explain the difference between 16(4), presentation of works in public, and 16(5), performance of works in public.
Tajikistan's reply: Tajikistan confirms that the owners of audiovisual works have the exclusive right of "in sequence" demonstrations. The difference between 16(4) presentation of works in public, and 16(5} performance of works in public, is based on a difference among different art forms. For example, a movie director would present his work (a movie) in public, whereas a singer or musician would perform - sing or play, live in public.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 7: Page 28, Question 68/ 97: Please clarify where broadcasting organizations have the right to prohibit non-simultaneous broadcasting/communication to the public via wireless broadcasting.
Tajikistan's reply: Broadcasting organizations have the right to prohibit any simultaneous or non-simultaneous broadcasting/ communication to the public via wireless broadcasting in accordance with Berne Convention Article 11 and TRIPS. Please note that by the ratification of the Berne Convention and TRIPS, both became integral part of Tajikistan's internal legal system, which enabled their direct implementation. Furthermore, in case of any conflict between the ratified international agreement/ convention and the domestic legislation, ratified International agreement/ convention prevails.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Follow-up question: Is there a section in your copyright or communications law that provides this, or is it only by virtue of Tajikistan's adherence to international agreements?
Follow-up question: Is there a section in your copyright or communications law that provides this, or is it only by virtue of Tajikistan's adherence to international agreements?
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America WT/ACC/TJK/30: Question 8: Paragraph 264, pp. 58-59: When does Tajikistan intend to file its documents and accede to the Convention for the Protection of the Interests of Producers of Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention)?
Tajikistan's reply: Tajikistan acceded to the Convention for the Protection of the Interests of Producers of Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention) on 26 February 2013.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 9: Paragraph 273, pp. 60-61: Are foreign works that were still protected in their country of origin, but were in the public domain in Tajikistan in 1998 because the 25 year term had expired, protected in Tajikistan? For example, how long would a US work created In 1965 by an author who died in 2000 be protected in Tajikistan?
Tajikistan's reply: Amendments to the Law on Copyright and Neighboring Rights that were adopted in 2009 included provisions on retroactive effect, thus enabling the protection in Tajikistan of foreign works that were still protected in their country of origin, but were in the public domain in Tajikistan in 1998 because the 2S year term had expired. In the example above the work will be protected in Tajikistan 50 years after the death of its U.S. author, i.e. until 2050.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Follow-up question: I refer to question 2, above, which notes that Articles 4 and 30 still say "and" instead of "or"
Tajikistan's reply to follow-up question: The answer requires further investigation and will be provided a later stage.
17/05/2016

Page 13 of 677   |   Number of documents : 13533

 
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