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 6 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Fiji provide this authorization, citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 27. Please describe in detail all of the civil remedies that are available to right holders under the laws of Fiji, citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 28. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Fiji, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 29. Please describe in detail the procedures under the laws of Fiji that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 30. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Fiji are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 32. Please describe in detail how the laws of Fiji 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 33. 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 Fiji 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 34. 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji United States of America 35. 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.
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
20/05/2016
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro United States of America 1. Article 27(3) of the TRIPS Agreement provides that Members are not required to provide patent protection for plant varieties, but that if such protection is not afforded, then an effective sui generis system is required. It is noted that Montenegro's patent law precludes patent protection for plants. How does Montenegro provide intellectual property protection for plants?
Montenegro provides protection for new plant varieties under the UPOV system of special protection (sui generis) which it has chosen in accordance with the options of the World Trade Organisation and the provisions of the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) under which it is required that all Member States of the WTO must provide the protection of plant varieties through patents or sui generis system (such as UPOV), or a combination thereof. During the process of accession to the WTO and EU, Montenegro has adopted the Law on Protection of Plant Varieties ("Official Gazette of the Republic of Montenegro", No. 48/07 and "Official Gazette of Montenegro", No. 48/08), which for the first time regulates the area of protection of intellectual property rights of breeders, creators of plant varieties, regulates the terms and procedures for the protection of plant varieties as well as rights and obligations of the holders of plant breeders’ rights. State authority in charge of direct implementation and activities in this area is Phytosanitary Administration of Montenegro, Department for Seeds and Planting Material, Protection of Plant Varieties and GMO, and is in charge of administrative activities, development of legislation and international relations in this area.
10/01/2014
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro United States of America 2. Article 51 of the TRIPS Agreement provides for the suspension of release by customs authorities of goods suspected of bearing a counterfeit trademark or of being a piratical copyright work, either at the request of a right holder. Could an update be provided on the implementation of the Regulation on TRIPS Border Measures, including applications filed by rights owners to suspend the release of suspected counterfeit and piratical goods and interdiction efforts?
The Customs Administration is dealing with the goods under suspicion of infringing the intellectual property right in accordance with the provisions of the Article 67, Paragraph 3 of the Customs Law ("Official Gazette of the Republic of Montenegro", No. 07/02, 38/02, 72/02, 21/03, 31/03, 29/05, 66/06 and "Official Gazette of Montenegro", No. 21/08) and Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11). Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11) is harmonised with the basic principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation (TRIPS). The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulates the conditions for undertaking actions with goods suspicious of infringing an intellectual property right, procedure for undertaking such actions, as well as measures for protection of intellectual property rights undertaken by the customs authority in cases when the goods are found to infringe the intellectual property rights. In accordance with the Regulation customs authority may suspend customs procedure and detained the goods based on application for action of right holder and ex-officio.The customs authority may, in accordance with the Regulation, undertake the actions when goods suspicious of infringing an intellectual property right is: declared for release for free circulation, export or re export, found during the control of goods entering or leaving the customs territory of Montenegro, placed under a suspensive customs procedure or placed in free zone or free warehouse. The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights covers the protection of trademark, copyright or related right, industrial design, patent, supplementary protection certificate, plant variety, designation of origin or geographical indication and topography of semi-conductors. Regarding the data related to the lodged applications for action for protection of intellectual property rights, please note that 44 applications for action for protection of intellectual property rights were lodged to the Customs Administration in 2011. 39 applications were adopted and five applications were rejected due to formal irregularities. In 2012, 42 applications were lodged to the Customs Administration, out of which 41 applications for action for protection of Intellectual Property Rights were adopted by the Customs Administration and 1 was rejected due to formal irregularites. In 2013, up to 31st of October, 52 applications were lodged to the Customs Administration, out of which 46 applications were adopted, three applications were rejected due to formal irregularities, while three applications are being processed. 3. Article 52 of the TRIPS Agreement provides that a right holder initiating the procedures of TRIPS Article 51 shall be required to provide adequate evidence to satisfy authorities there is a prima facie an infringement. Could information be provided as to what Montenegro requests, such as any application fee, what is the length of time for which an accepted application is valid, and whether applications are filed at a central office or at ports of entry? The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid. 4. Article 61 of the TRIPS Agreement provides for criminal procedures and penalties, sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy on a commercial scale. Could information be provided on the disposition of criminal cases involving trademark counterfeiting or copyright piracy and the criminal penalties and jail time ordered in those cases? For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.
10/01/2014
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro United States of America 3. Article 52 of the TRIPS Agreement provides that a right holder initiating the procedures of TRIPS Article 51 shall be required to provide adequate evidence to satisfy authorities there is a prima facie an infringement. Could information be provided as to what Montenegro requests, such as any application fee, what is the length of time for which an accepted application is valid, and whether applications are filed at a central office or at ports of entry?
The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid.
10/01/2014
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro United States of America 4. Article 61 of the TRIPS Agreement provides for criminal procedures and penalties, sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy on a commercial scale. Could information be provided on the disposition of criminal cases involving trademark counterfeiting or copyright piracy and the criminal penalties and jail time ordered in those cases?
For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.
10/01/2014
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Canada 1. What recourse do right holders have in respect of wilful trademark counterfeiting or copyright piracy on a commercial scale, as required by Article 61 of the TRIPS Agreement and throughout?
Article 83 of the "Law on Industrial Property" (1994) provides the right to the owner of a trademark. According to this article: The owner of a registered mark shall have the right to prevent a third party from using, without his authorization, in the course of trade, as a mark or as a trade name, an identical or similar sign for goods or services which are identical or similar to those in respect of which the mark is registered , where such use would result in a likelihood of confusion. Where the use relates to an identical sign for identical goods or services, the likelihood of confusion shall be assumed. The owner of a registered mark shall have the right to prevent a third party from using, without authorization, in the course of trade as a mark or as a trade name, an identical or similar sign for goods or services which are neither identical nor similar to those in respect of which the mark is registered, where the mark has become highly reputed and the use is detrimental to the distinctive character or reputation of the mark. Notwithstanding paragraph 1 of this Article, the owner of the registered mark shall not have the right referred to in that paragraph in respect of goods which have been put in the territory of the Republic of Albania or in any other territory determined in an bilateral or multilateral agreement of the Republic of Albania, by the owner of registered mark, or with his consent, provided that neither the goods nor the manner in which the mark is applied to the goods are altered. The holder of a trademark which is considered to be well-known in the Republic of Albania, even if it is not registered under this Law, shall have the right to prevent third parties from using in commerce without his authorization, any sign which constitutes a reproduction, an imitation or a translation of the trademark. The concept of a well-known trademark shall be established by the Patent and Trademark Office. Right holders of trademarks enjoy the option provided under articles 89 and 101 of the "Law on Industrial Property" (1994) and articles 11 and 19 of the Law "Some changes and supplements on the 'Law on Industrial Property'" (1999) in compliance with article 61 of the TRIPS Agreement. According to these Articles: The owner of the registered mark shall have the right to institute proceedings in the Court against any person who has infringed or is infringing his rights under the conditions of Article 83 of the Law. The owner shall have the same right against any person who has performed acts or is performing acts, which make it likely that such infringement will occur (imminent infringement). If the owner of the registered mark proves that an infringement has been committed or is being committed, the Court shall award compensation. In these compensations will be included the profit of the person who has performed the infringement, the damage which has incurred the owner of the mark except the one is included in the profit of the breaker and the expenses including the law costs. The Court shall grant an injunction to prevent further infringement and any other remedy provided in the general law. If the owner of the registered mark proves imminent infringement, the Court shall grant an injunction to prevent further infringement and any other remedy provided in this Law and in the Code of Civil Procedure. In addition to the measures specified in the previous paragraphs, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence of possibility to remove any illegally mark from such goods. The judicial authorities shall have the authority to order prompt and effective provisional measures: - to prevent an infringement of any intellectual property right from occurring and in particular to prevent the entry into channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; - to preserve relevant evidence in regard to the alleged infringement. The new Article 89/3 of the Law on Industrial Property states: In addition to the measures specified in paragraph 2(a) of this Article, the Court may re-establish the situation that existed before the infringement and to stop infringing actions, to proceed with an effective seizure of the goods and, when necessary, to destroy illegally used marks, tools that could be used to manufacture the goods and the goods themselves in absence of possibility to remove any illegally mark from such goods. Any natural or legal person who performs an act which he knows constitutes an infringement of the patent, mark or design shall commit an offence and shall be punishable from the Court by a fine between lek 20,000 and 100,000. Article 50 of Copyright Law as amended by the Law No. 8594 dated 6 April 2000 underlines that the translation, adaptation, sound or visual recording, reproduction, the transmission of an artistic work without the authorization of its author, which conflicts with the provisions of this law or the international conventions ratified by the Republic of Albania, when the author's moral and economic rights have been infringed, constitutes a criminal work and is penalized by fine or imprisonment up to one year. Whereas the Penal Code, as amended by the Law 7883 dated 24 January 2001, under Articles 147-149 underlines fines and imprisonment by up to four years for misappropriation of property through fraudulence by introducing a work of art and culture as the original or by changing the authenticity of the authorship; and fines and imprisonment by up to two years for partially or completely plagiarizing somebody else's work or for unauthorized reproduction of somebody's work. According to Article 82.4 of the Customs Code, the customs authorities upon request of the holder of a trademark or patent of production or other neighbouring rights specified in the Implementing Provisions of this Code, may prohibit their release in free circulation, the exportation, the re-exportation and their placing, under the suspensive procedure of the goods that are recognized to be counterfeited or pirated goods, according to the procedure provided for in the Implementing Provisions of this Code. And the Implementing Provisions on Customs Code, Article 120/1, states that the General Directorate of Customs may suspend the release of the goods or seize the goods depending on the situation. The Code of Civil Procedure authorizes judges to order the payment of monetary damages adequate to compensate for the injury done. Article 68 of this Code states: "When a sum of money or a removable thing is requested the value is determined on the basis of the amount indicated or of the value declared by the plaintiff. In the absence of indication or of declaration, it is accepted that the determination of the value is a competence of the court". And any person has the right to claim compensation of costs and damages caused by the infringer. Under Article 106 it is stated among others: "In its final decision, the court charges the party whose lawsuit has been dropped, to pay the judicial expenses in conforming with article 102 of this Code including, the payment for one advocate." Article 67 of the Law on Competition authorizes courts to impose fines not less than lek 10,000 and not more than lek 200,000 to any person or company who does not respect business secrets.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania Canada 2. What protection does your Copyright legislation afford to "foreign works"?
Article 51 of the Copyright Law as changed by the Law No. 7564 dated 19 May 1992 stipulates that the provisions of this law shall apply not only to works the author of which has Albanian citizenship or lives permanently in the Republic of Albania, regardless of the country where they were published for the first time, but also to works published for the first time in Albania or in a country that is a member of an international Copyright treaty or convention to which Albania is also a signatory as well as to works published for the first time in a country that is not a member of an international Copyright treaty or convention, to which Albania is a signatory, when the works are published simultaneously in the territory of this country and in the Republic of Albania or in another country which is a signatory to the international Copyright treaty or convention.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania 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.
Albanian legislation related to socio-economic development aims in general to the protection of the public health and nutrition. It takes care of the public interest and the general well-being. In Albania, the legislation on intellectual property is not dealing directly with the protection of the public health and nutrition. However, Article 3.7 of the Law on Industrial Property stipulates that no patents shall be granted in respect of essentially biological processes for the production of plants or animals, whereas in Article 40 it is stated : "Where the national security or public safety so requires, the Minister may authorize, even without the agreement of the owner of the patent or of the applicant, by notice published in the Official Journal, a government agency or a person designated in the said notice to make, use or sell an invention to which a patent or a patent application for a patent relates, subject to payment of equitable remuneration to the owner of the patent or the applicant." The Ministry of Agriculture and Food will improve the legislation to protect public health and nutrition by regulations, which will be in compliance with international standards, especially regulations dealing with genetically modified organisms. Several decisions of the Council of Ministers establish procedures for granting compulsory licenses on public interest grounds.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania 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)).
Albanian Law on Copyright (Law No. 7564, dated 19 May 1992 and its amendments) is in compliance with Articles 1-21 of the Berne Convention. Article 1 of this Law provides for the protection of the literary, artistic, public and other works including any original intellectual creation of this nature. The protection does not depend on the manner and form of expression, neither on the quality or the aim of the work. And it is not extended to ideas, procedures, processes, systems, ways of action, concepts, expressed principles or discoveries. Article 4 deals with moral rights stating that even if the economic rights have been transferred by his desire, the author has the right to: a) claim authorship of the work, especially the right to write his name on the copies of the work. When allowed by practice and in conformity with the tradition, his name may accompany his work mentioned in public; b) remain anonymous or use a pseudonym; c) object to any distortion, mutilation or modification and to other derogatory action in relation to his work, which would be prejudicial to his honour or reputation; d) object the joint authorship put in an arbitrary way from other persons because of different reasons. And Article 5 refers to economic rights stipulating that the author shall have the exclusive right of authorizing: a) the reproduction of the work; b) the importation of the work, with the purpose of its distribution (selling, leasing, renting, loaning) to the public; c) the translation of the work; d) the preparation of adaptations, alterations or other alterations of the work; e) the public recitation of the work; f) the communication of the work to the public by broadcasting and rebroadcasting; g) the communication of the work to the public by wire or other means.
28/04/2003
IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania European Union 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
Article 1 a) of the Law on Copyright, as amended by Law No. 8594 dated 6 April 2000 stipulates that this Law protects written works including computer programs whether in source or object code. Treating derived works and collections, Article 2 underlines that the same protection as to the works is applied to: a) translations, adaptations, arrangements, and other alterations of works and folkloric materials; b) collections of works, popular sayings or data and facts as encyclopaedias, anthologies and other sources of data which, by reason of the selection and arrangement of their contents constitute original creations. As regards economic rights, Article 5 of the Law states that the author of an audiovisual work, or any other work like phonograms, computer programs, databases and of any other work readable in machine, has the exclusive right to authorize giving on lease of his work.
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IP/Q/ALB/1, IP/Q2/ALB/1, IP/Q3/ALB/1, IP/Q4/ALB/1 Albania European Union 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
Article 5 b) of Copyright Law stipulates that the author shall have the exclusive right of authorizing the importation of the work, with the purpose of its distribution (selling, leasing, renting, and loaning) to the public. And, further on: "the author of an audiovisual work, or any other work like phonograms, computer programs, databases, and of any other work readable in machine, has the exclusive right to authorize giving on lease of his work." Dealing with the producers of phonograms, Article 35 c) underlines that no one can lease or loan copy of the phonogram without the authorization of the producers of phonograms.
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