Sections 23 and 179 of the Code and Section 179 of the proposed law.

Civil Procedure Code and Sections 164 and 179 of the Code of Intellectual Property Act.

The judges are empowered to make appropriate orders under Section 163(3) and 179 of the Code and Section 179(3)(b) of the proposed law.

Section 179 of the Code and Civil Procedure Code.

Section 179 of the Code and the law of injunction governed by Judicature Act No. 2 of 1978, Civil Procedure Code and Law of Equity.

Customs and Judiciary.

Yes.

Does not provide in general, but under Section 13(8) of the proposed law the importation of a copy of a protected work by a physical person for his own personal purposes is permitted.

Part VI of the Code provides for criminal sanctions and related matters. Similar provisions are also available in the proposed law (the proposed laws to amend the Code of Intellectual Property Act and for the Protection of Layout Designs).

None.

No exceptions or exemptions.

(a) Under the present Law, the well-known marks are protected (Section 100(1)(d) of the Code). (b) This section has been recast in the proposed Law to keep it in line with the relevant provisions of the TRIPS Agreement.

(a) The proposed Law (proposed Section 142(6)(b)) provides for the protection of undisclosed information, under the Law of unfair competition. (b) Any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others, of undisclosed information without the consent of the person lawfully in control of that information and in a manner contrary to honest practices constitutes an act of unfair competition. (c) Information shall be 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. 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; (1) 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 purpose of obtaining approval, of the marketing of pharmaceutical or agricultural or chemical products which utilise new chemical entities, or (2) 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 undisclosed information for the purpose of the Code shall include: (i) technical information related to the manufacture of goods or the provision of services; or (ii) business information which includes the internal information which an enterprise has developed so as to be used within the enterprise. (d) The aggrieved persons may seek civil remedies including injunctions and damages. Moreover, any unauthorized disclosure of undisclosed information also constitutes a punishable offence.

Under the proposed law the required safeguards are offered under the law of unfair competition. The proposed Section 142(6)(d) provides as follows: 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: (i) 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 (ii) 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. Thus such tests and data will be protected against unfair commercial use and disclosure as required by Article 39.3 of the TRIPS Agreement. The law of unfair competition which includes the protection of undisclosed information does not establish time limits for the protection of such information.

(a) Damages, injunctions, expenses of litigation, destruction or disposal of infringing goods, material or implements used for their production. (b) The amount of damages is a matter in the discretion of the judicial authorities. Upon the establishment of the actual damages, the judicial authorities will make the order. (c) Under the proposed Law the aggrieved party is entitled to claim either the actual damages or statutory damages.

(a) The penalties are Rs. 20,000/- or imprisonment for a period not exceeding six months or both. The punishment can be doubled upon the second or subsequent conviction (Sections 144 to 156). Under the proposed Law the fine has been enhanced to Rs.500,000/-. Moreover, there are certain newly introduced offences. (b) The crimes are mainly prosecuted when the injured party makes a formal complaint to the police. (c) The penalties are in line with the TRIPS requirements. However, as mentioned above, the fine has been increased.

(a) The Code of Intellectual Property Act No.52 of 1979, (as amended by Act No. 30 of 1980, No. 22 of 1983, No.17 of 1990, No.13 of 1997 and No.40 of 2000). (b) The proposed amendments to the Code of Intellectual Property Act No.52 of 1979.

Yes, our Patent legislation covers inventions relating to products and processes in all fields of technology. Section 13(1) defines what are patentable inventions. Section 13(2) and (3) sets out the exceptions.

Section 13(2) sets out the exceptions to patentable inventions. "Section 13(2) It is hereby declared that the following (among other things) are not inventions for the purposes of this Order, that is to say, anything which consist of: (a) a discovery, scientific theory or mathematical method (b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; (c) a scheme, rule or method of doing business, performing a purely mental act, or playing a game, or (d) the mere presentation of information, but the foregoing provisions shall prevent anything from being treated as an invention for the purposes of this Order only to the extent that a patent or an application for a patent relates to that thing as such."

Importation is considered as "working" a patent. Please refer to section 2 for the definition of "working".