Does not provide.

Not applicable.

No.

The proposed amendment (Section 81 (A)) provides as follows: "Where the subject matter of a patent is a process for obtaining a product, the burden of proof in a civil action of establishing that an alleged infringing product was not obtained by that patented process shall be on the alleged infringer- - if the product obtained by the patented process is new; or - if a substantial likelihood exists that the product was made by the patented process and the patent owner has been unable through reasonable efforts to determine the process actually used. In the gathering and evaluation of evidence the legitimate interests of the alleged infringer in protecting his undisclosed information shall be taken into account".

Section 80 of the Act No. 52 of 1979 is amended under the proposed law to comply with Article 33 of the TRIPS Agreement.

The Act No. 52 of 1979 does not contain any provision with regard to "the use without authorization of the right holder".

The Act No. 52 of 1979 does not contain such provision but the proposed law will make necessary provisions (Clause 17).

A law is proposed to protect lay out designs of integrated circuits under a sui generis system in line with the TRIPS Agreement.

The registered owner is given exclusive right to import, offer for sale, sell or otherwise distribute for commercial purposes the protected lay out design or integrated circuits in which the protected lay out design is incorporated or an article incorporating such an integrated circuit in so far as it does not contain an unlawfully reproduced lay out designs.

Section 4(2)(iv) of the proposed law provides as follows: The performance of any act referred to in paragraph (ii) of subsection (1) in respect of an integrated circuit incorporating an unlawfully reproduced layout-design or any article incorporating such an integrated circuit, where the person performing or ordering such an act unknowingly performs or orders such an act and has no reasonable grounds to know, when acquiring the integrated circuit or the article incorporating such an integrated circuit, that it incorporated an unlawfully reproduced layout design. Provided however, where the person performing or ordering any act under this paragraph, is notified that such layout design is an unlawful reproduction, then such person may, perform or order any act only with respect to the stock in hand or ordered before he was so notified and shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as would be payable under a freely negotiated licence in respect of such layout design.

Ten years from the date of commencement of the protection.

The Act No. 52 of 1979 does not contain any provision with regard to layout-designs of integrated circuits. A new law will be soon passed.

No.

Information is considered undisclosed information if: (i) it is not, as a body or in the precise configuration and assembly of its components, generally known among, or readily accessible to, persons within the circles that normally deal with the kind of information in question; (ii) it has actual or potential commercial value because it is secret; and (iii) it has been subject to reasonable steps under the circumstances by the rightful holder to keep it secret. The undisclosed information includes (proposed law): (i) Technical information related to manufacture of goods or the provision of services or business information which includes internal information which an enterprise has developed so as to be used within the enterprise. (ii) Business information which includes the internal information which an enterprise has developed so as to be used within the enterprise.

(a) No such definition is given. (b) The proposed law provides: Any act or practice, in the course of industrial or commercial activities, shall be considered an act of unfair competition if it consists or results in- - an unfair commercial use of secret test or other data, the origination of which involves considerable effort and which have been submitted to a competent authority for the purposes of obtaining approval, of the marketing of pharmaceutical or agricultural or chemical products which utilise new chemical entities; or - the disclosure of such data, except where necessary to protect the public, or unless steps have been taken to ensure that the data is protected against unfair commercial use.

The Act No. 52 of 1979 does not contain any provision with regard to the protection of undisclosed information but the proposed law will make necessary provisions (Section 142).

(a) The current law provides for civil remedies including provisional measures, criminal sanctions and broader measures. (b) These provisions will be expanded and strengthened under the proposed law.

The appeals are available under Section 182.

Under the law of civil procedure the Judges have authority in general to order production of evidence by opposing parties. The provisions of Section 179(4) of the proposed law makes special provisions with regard to intellectual property.

Sections 23 and 179.