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 20 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/MDV/1, IP/Q2/MDV/1, IP/Q3/MDV/1, IP/Q4/MDV/1 Maldives United States of America 6. The meaning of Article 35(b), which is repeated in the Introduction, is unclear. This Article defines the "registration date, if registered, shall be the date the work was registered," but the article does not use the registration date to determine the duration of copyright. What is the purpose of the registration date?
Duration of the right is admittedly unclear. The provision was left as it was as there are different types of rights and the period of protection for each right varies in the Copyright Act itself. Before the Copyright Act, authors enjoyed a system of registration, where once a registered work is being used by an unauthorized user, they can initiate legal proceedings. Many stakeholders were concerned as to what would happen to their exiting rights once the Copyright Act came into force. In consultation with the Ministry of Economic Development and the stakeholders, it was decided that original works should enjoy the duration of protection as provided for in the Copyright Act, but the date of protection is to begin on the date that either the work was first registered or when it became available to the public. Bearing in mind the TRIPS national treatment and MFN rules, none of the articles in the Act are solely applicable to Maldivians. Where a foreign author finds that his right has been breached by a local author, the former would be entitled to prove that his right existed first and that includes proof of any registration or the date that a work first became publicly available in the country of the foreign author.
13/02/2013
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba Australia 1. How does your country provide protection for new plant varieties as required under Article 27.3(b)? If your legislation is based on the UPOV system, on which UPOV Act was it modelled? Can new plant varieties be protected by patent in your country?
Plant varieties are protected under the regime established by Decree Law No. 291 of 20 November 2011 on the protection of plant varieties, which entered into force on 2 April 2012. The list of species to which this regime applies will enter into effect upon publication in the Official Journal (Gaceta Official). Although Cuba is not a member of the UPOV system, the legislation is based on this system, with regulations modelled on provisions from the Acts of 1978 and 1991. New plant varieties cannot be protected by patents.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba Canada 1. Please describe how the enforcement obligations (Articles 41 61 of the TRIPS Agreement) have been implemented.
See replies in the Checklist of Issues on Enforcement (IP/N/6/CUB/1).
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba Canada 2. What protection does your copyright legislation afford to "foreign works"?
No legislation consistent with the TRIPS Agreement has yet been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba 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.
Decree Law No. 290 of 20 November 2011 on inventions and industrial designs and models, which entered into force on 2 April 2012, contains provisions to protect public health and nutrition and to promote the public interest in sectors of vital importance to socio economic and technological development. Consideration has been given to the flexibility provided for in Articles 7, 8, 30 and 31 of the TRIPS Agreement, which is supported by the Doha Ministerial Declaration on the TRIPS Agreement and Public Health.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba 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).
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organizations under your legislation.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba 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.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 7. Please state the terms of protection of each right described above and the work or subject-matter to which it applies.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba 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.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 9. Please explain whether the droit de suite provided for in Article 14ter of the Berne Convention is protected in your legislation.
No replies have been received to questions 2 to 9 above. As yet, no legislation consistent with the TRIPS Agreement has been adopted in this area.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 10. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
Distinctive sign: "Any sign which constitutes a trademark, a trade name, a company emblem, the title of an establishment or a commercial logo." Trademark: "Any sign or combination of signs that serves to distinguish products or services from similar products and services in the market." Article 3.1 of Decree-Law No. 203 stipulates that the following may constitute trademarks: (a) Denominative signs such as letters, words, figures and any combinations thereof; (b) figurative signs such as images, figures, drawings, symbols and graphics as well as the colour, provided it is defined by a given form, and combinations of colours; (c) mixed signs made up of a combination of denominative and figurative signs; (d) three-dimensional shapes, provided they can be delimited from the product, including wrappers, packaging, the shape of the product or the way it is presented; (e) smells; (f) sounds and combinations of sounds. The names of specific persons may constitute denominative signs, subject to authorization in the form of a public document, and provided it does not involve deception or confusion of the public. In principle, distinctive signs are protectable as long as they are not covered by any of the absolute or relative prohibitions established in Articles 16.1 and 17.1 of Decree-Law 203. In a general sense, they must have the capacity to distinguish per se and in respect of the rights of third parties.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 11. 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.
Services can be distinguished by protectable distinctive signs under Articles 2 and 45 of Decree-Law 203. Trade names and three-dimensional shapes are also protectable provided they can be distinguished from the product: these include wrappings, packaging, the shape of the product and the way it is presented as well as sound and olfactory marks (Article 3(d), (e) and (f) of Decree-law 203). However, as established in Article 2(a) with respect to Article 3.1(e) and (f), the registration of sound and olfactory marks is subject to a ruling by the Minister of Science and Technology and the Environment until such time as the necessary conditions for their registration have been established in accordance with the Second Final Provision of the said Decree-Law.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 12. 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.
There are no requirements of use as a condition for a trademark registration. However, in order to maintain the registration of a mark and ensure that it is not revoked, ex officio or by petition, real and effective use is a requirement under Article 64, which stipulates that: "Trademarks shall be revoked when: (a) The period of validity expires without their having been renewed; and (b) the owner has not made real or effective use of the trademark in the national territory during three consecutive years following the date on which it was granted and during its validity, or when such use has been interrupted for the same amount of time prior to the action for revocation." Article 65.1, for its part, states that "when the use of a mark begins after the period mentioned in indent (b) of the previous article has elapsed, such use shall only prevent the registration from being revoked if it has begun at least three months prior to the date on which the petition for revocation was filed." Similarly, Article 53.1 of Decree-Law 203 states that: "The trademark shall be considered to be in use when the products or services that it distinguishes have been offered for sale, through channels of distribution or commerce, or are available to the end user within the national territory under that trademark, continuously, in the usual quantity and form, bearing in mind the size of the market, the nature of the products or services concerned and the conditions under which they are marketed. The definition of the use of a trademark shall also include: (a) Utilization in respect of products intended for export from the national territory or in respect of services offered abroad from the national territory; and (b) utilization in advertising, even when such utilization precedes the introduction into the market of the products or services in question, provided such introduction actually takes place no later than two months following the launching of the advertising campaign." Article 54 of the said Decree-Law states that: "A trademark shall be considered to be in use when it corresponds to the trademark registered in the Office. However, the use of the trademark in a form different from that in which it was registered only with respect to details or features that are not essential and do not alter its identity shall not constitute grounds for revocation of registration for non-use, nor shall it lessen the protection afforded". Use by the licensee shall be treated in the same way as use by the owner (Article 65.3). When the non-use of a trademark is lawfully justified in the eyes of the Office, revocation shall not be declared ex officio or by petition once the opinion of the owner has been heard (Article 66).
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 13. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Under our legislation, the initial duration is ten years from the date of the submission of the application. It is indefinitely renewable by successive periods of ten years at the request of the owner and subject to payment of the established fee (see Article 48 and 49.1 of Decree-Law 203). The procedure for the renewal of a registration is regulated by Articles 81-84 of the Regulations to the said Decree-Law, made operational by Resolution No. 63 of the Ministry of Science, Technology and the Environment.
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 14. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
Title III (Administrative Procedure before the Office), Chapter II (Processing), Section Five (Procedure for the Declaration of Nullity, Cancellation and Revocation of Registrations) of the Regulations to Decree-Law 203 on trademarks lays down the rules governing this process before the Office. Under Article 54 of the said Decree-Law, a trademark is considered to be in use when it corresponds to the trademark registered in the Office. However, the article goes on to state that the use of a trademark in a form different from that in which it was registered only with respect to details or features that are not essential and do not alter its identity shall not constitute grounds for revocation of registration for non-use, nor shall it lessen the protection afforded. Finally, Article 63.2 of the said Decree-Law, stipulates that: "In a revocation procedure for non-use, it is up to the owner to prove the use of the trademark."
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 15. Please explain whether or not your trademark registration authority refuses a trademark application if it contains a geographical indication.
The trademark registration authority, the Cuban Industrial Property Office, may refuse a trademark application, given that the regulatory provision on this industrial property measure establishes, as an absolute prohibition on trademark registration, that a sign composed exclusively of indications used in trade to designate the geographical origin of a product or service may not be registered as a trademark. This provision also states, as a relative prohibition, that a sign which contains or consists of a geographical indication protected in Cuba, and which applies to the same products, different products or services, may not be registered as a trademark if its use would result in the likelihood of mistaken association with the protected indication or would involve unfair exploitation of its reputation and renown. Finally, Article 63.2 of the said Decree-Law, stipulates that: "In a revocation procedure for non-use, it is up to the owner to prove the use of the trademark."
02/11/2012
IP/Q/CUB/1, IP/Q2/CUB/1, IP/Q3/CUB/1, IP/Q4/CUB/1 Cuba European Union 16. Please give the definition of a geographical indication in your legislation.
The existing regulatory provision defines geographical indications as those which identify a good as originating in a country, region or locality when a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Finally, Article 63.2 of the said Decree-Law, stipulates that: "In a revocation procedure for non-use, it is up to the owner to prove the use of the trademark."
02/11/2012

Page 20 of 677   |   Number of documents : 13533

 
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