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 488 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 30. Please describe in detail how the laws of Sri Lanka 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.
(a) Part VI of the Code provides for offences and punishment - a fine not exceeding Rs. 20,000/- or imprisonment for a period not exceeding 6 months or both. This punishment can be doubled on second or subsequent conviction. (b) These provisions have been improved under the proposed law. The punishment has been increased by enhancing the fine to Rs. 500,000/-.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 31. 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 Sri Lanka 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.
(a) The provisions for forfeiture and destruction of infringing goods and any material or implements are available (Section 163). (b) These provisions have been expanded under Section 179 of the proposed law.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 32. Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property. Please describe any provisions of the laws of Sri Lanka that provide for such procedures and remedies, citing to the relevant provisions of law or regulation.
(a) Infringement of copyright, patents, trademarks and industrial designs are declared to be punishable offences (Part VI of the Code). (b) Any infringement or attempted infringement of any of the rights protected under copyright or related rights has been declared a punishable offence under the proposed law (Section 23). (c) The wilful disclosure of undisclosed information has been declared to be punishable offence under the proposed law (Section 142(8)). (d) Making a false declaration in respect of geographical indication has been declared to be a punishable offence (Section 156(A) of the proposed law). (e) Infringement of protected layout designs is a punishable offence (Section 14 of the proposed law).
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 33. 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.
The statistic information is not available for the time being. The incidence of infringement is very low.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 34. 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.
The statistical information is not available for the time being. The incidence of infringement is very low.
13/10/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Canada 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
The first question refers to issues dealt with at the following consultations with the United States within the framework of the DSU: "Argentina - Patent Protection for Pharmaceuticals and Test Data Protection for Agricultural Chemicals" (WT/DS171) and "Argentina - Certain Measures on the Protection of Patents and Test Data" (WT/DS196). In order to protect its rights at the said consultations, Argentina will not be answering the first question posed by Canada within the framework of the review of national implementing legislation by the Council for TRIPS. Argentina wishes to take this opportunity to point out to Canada that, although it confirms its willingness to fulfil its obligations with regard to the review of national implementing legislation by the Council for TRIPS, it is in its interest to ensure that the review process does not prejudice or affect either the course or outcome of the consultations being held under the DSU.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina Canada 2. What protection does your copyright legislation afford to "foreign works"?
Argentine legislation affords foreign works the same degree of protection as domestic works. With regard to administrative formalities, foreign works are actually in a better position than domestic works since they are exempt from all formalities.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina 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.
Argentina's legislation does indeed include measures to protect public health and nutrition and to promote the public interest in sectors of importance to the country's socio-economic and technological development. These principles are enshrined mainly in the National Constitution, which establishes the primacy of international treaties over domestic law.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina 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).
Copyright Law No. 11.723 remains in force, as amended by Law No. 25.036, which includes software and databases among the works protected under Article 1 (Boletín Oficial of 11 November 1998). Law No. 25.140 (Boletín Oficial of 24 September 1999) ratified the Berne Convention (Paris Act of 1971), although it should be pointed out that prior to acceding to the treaty Argentina was already applying the substantive provisions of the Convention's Brussels Act of 1948.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
Law No. 25.036 amending Law No. 11.723 incorporates, in the list of protected works in Article 1 of the latter, computer programs in the form of either source or object codes and compilations of data or other material, thus protecting them on the same terms as literary works.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
Pursuant to Article 2 of Law No. 11.723, copyright in a work listed in Article 1 of the Law includes the right to dispose of the work, which in turn includes rental rights in respect of computer programs and cinematographic works.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organizations under your legislation.
Law No. 11.723 covers phonograms on the same terms as other protected works. The protection of performers is provided under Article 56 of the Law, its Implementing Decree No. 41.233/24, Decree No. 746/73 and Decree No. 1.670/74, which grant performers exclusive rights in respect of the fixation of their performances and a right of remuneration for public use of their recorded performances. Law No. 23.921 ratified the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina 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.
Limitations on exclusive copyright are set forth in Articles 10 and 36 of Law No. 11.723, which provide for the right to quote, solely for educational or scientific purposes, commentaries, reviews or notes relating to intellectual works; the right to perform works already published, at public functions organized free of charge by teaching establishments for educational purposes; and the performance, free of charge, of musical works by orchestras, bands, fanfares and choirs belonging to national, provincial or municipal institutions.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
The term of protection for literary and artistic works, including software, databases and phonograms, is 70 years from the date of the author's death. Argentine legislation and case law deem the same term of protection to be applicable, by analogy, to performers.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina 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.
Since Argentina has acceded to the Berne Convention (Paris Act of 1971), the protection of foreign works is governed by Article 18 of the Convention. Hence, a foreign work is protected for as long as the term of protection in its country of origin has not expired.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
The following are recognized as signs under Article 1 of Law No. 22.362: one or more words, with or without meaning; drawings; emblems; monograms; engravings; stampings; seals; images; bands; combinations of colours applied to a particular place on the goods or their packaging; wrappers; containers; combinations of letters and numbers; letters and numbers insofar as they concern the special design thereof; advertising phrases; reliefs having distinctive capacity; and all other signs having such capacity. The list in Article 1 is not exhaustive and provides examples of signs that may be registered as trademarks to distinguish goods or services. Argentine case law has extended this merely indicative list of signs eligible for registration as trademarks (and therefore entitled to protection) to all signs that have distinctive capacity and that are not liable to mislead consumers. Owners of registered trademarks enjoy an exclusive right of use entitling them to prohibit third parties from using the signs in question or any other sign liable to cause confusion.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 10. 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.
Articles 1, 27, 28, 29 and 30 of the Trademark Law protect both goods and services, and any sign with distinctive capacity, including trade descriptions. To be eligible for registration under the Trademark Law, a sign does not have to be visually perceptible, which means that sound and olfactory marks may be registered inasmuch as they have distinctive capacity. Article 1 of the Law expressly specifies that containers shall be eligible for registration.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 11. 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.
Although use is not a condition for trademark registration, it is required for renewing the validity of the trademark, as specified in Article 5 of Trademark Law No. 22.362. Indeed, a trademark "may be renewed indefinitely for like periods provided that it was used, within five years preceding each expiry date … ". Use does not have to be continuous for registration to be maintained. Article 5 further states that use may be established through the marketing of a product, the performance of a service, or utilization of the trademark as part of the designation of an activity.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 12. Please confirm whether or not your legislation permits that the registration of trademarks be indefinitely renewable.
Trademarks are valid for ten years and may be renewed indefinitely for like periods.
14/12/2003
IP/Q/ARG/1, IP/Q2/ARG/1, IP/Q3/ARG/1, IP/Q4/ARG/1 Argentina European Union 13. Please describe the special requirements, if any, prescribed by your legislation concerning the use of a trademark.
Article 5 of Law No. 22.362 applies in the event of registration renewal. There are no special requirements other than the filing of a sworn declaration of use. See the reply to question 11 above.
14/12/2003

Page 488 of 677   |   Number of documents : 13533

 
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