The Court may order any party to a cause or matter and serve on any other party a list of documents which are or have been in his possession, custody or power relating to any matter in question in the cause or matter, and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party. Please also see response to question 3 of the Checklist of Issues on Enforcement.7

Please refer to response to question 5 of the Checklist of Issues on Enforcement.

Please refer to response to question 10 of the Checklist of Issues on Enforcement.8

Please refer to response to question 15 of the Checklist of Issues on Enforcement.8

None.

Please refer to response to question 18 of the Checklist of Issues on Enforcement.8

Please refer to response to question 21 of the Checklist of Issues on Enforcement.8

In criminal proceedings for cases of infringement of: (a) copyright – the court can order that the infringing copy or article be delivered to the copyright owner or to such other person as the court may direct, see section 209(1). The court can also order forfeiture of the infringing copy, section 209(5). The court can make an order as to the disposal of the infringing copy, see section 212. (b) trademarks – the court can order for the forfeiture of infringing goods material or articles as provided under section 104 of the Trademarks Act.

No provisions are available for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property.

As the main bulk of the IPR package of legislations only came into force in the middle of 2000, no statistical information is available as yet.

Please refer to response to question 33 above.

(a) The existing law as provided in the Code and the proposed law are in compliance with national treatment and most-favoured-nation treatment in respect of all forms of IP protected thereunder. (b) The proposed laws for the protection of plant varieties and layout-designs of integrated circuits will have similar provisions.

(a) The Code makes necessary provisions (Part III) with regard to all the articles referred to (including Article 6bis). (b) These provisions will be expanded under the proposed law.

(a) Computer programs are protected as literary works (Section 7). (b) Collections of works are protected as derivative works (Section 8). (c) Sections 7 and 8 of the proposed law make provision for the protection of computer programs and collections of works and databases respectively.

Section 10(1)(d) and (e) of the proposed law.

Lifetime of the author and 50 years after his death (Section 19 of the Code and Section 14 of the proposed law).

(a) The performers have the rights to: (i) broadcasting or other communication to the public of their performances; (ii) fixation of unfixed performances; (iii) reproduction of a fixation of a performance (Section 18 of the proposed law). (b) The performer's rights are protected from the moment in which the performance takes place until the end of the 50th calendar year following the year in which the performance takes place (the said section 18).

(a) The Code provides that the producer of a sound recording has the exclusive right to reproduce or authorize the reproduction of a sound recording (Section 20). (b) The proposed law guarantees the rights including the right to direct or indirect reproduction and rental of a copy of a sound recording irrespective of the ownership of the copy rented (Section 19).

Any visible sign serving to distinguish the goods or services of one enterprise from those of other enterprises (subject to Sections 99 and 100 of the Code).

(a) Presentation of the application, examination of the application for formalities and of the mark for its admissibility, hearing the applicant (if necessary), acceptance or rejection, publication if accepted (or appeal to Court if rejected), hearing opposition, if any, registration of the mark if there is no opposition (or upon the rejection of the opposition, if any), publication of the registration. (b) (i) The right to use the mark; (ii) the right to assign or transmit the registration; (iii) the right to conclude licence contracts.