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 677 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/Q2/KGZ/1/Add.1, IP/Q3/KGZ/1/Add.1, IP/Q4/KGZ/1/Add.1, IP/Q/KGZ/1/Add.1 Kyrgyz Republic United States of America 1. The Kyrgyz Republic responded to United States question no. 5 by saying that criteria for establishing whether a trademark is well-known are established by the Cabinet of Ministers of the Kyrgyz Republic, and that a draft Regulation is being developed that will define these criteria. Has this regulation been completed and, if so, please describe the criteria established by the regulation and provide a copy of the regulation to the WTO pursuant to Article 63 of the TRIPS Agreement.
In accordance with Article 5 of the Law of the Kyrgyz Republic On Trade Marks, Services Marks and Appellation of Origin of Goods criteria for establishing whether a trademark is well-known are established by the Government of the Kyrgyz Republic. Development of a draft regulation that will define these criteria has not been completed yet. At present the given draft was sent to the relevant ministries and agencies for their comments. As soon as comments from the relevant ministries and agencies are received, the draft will be submitted to the Government for approval.
17/05/2000
IP/Q2/KGZ/1/Add.1, IP/Q3/KGZ/1/Add.1, IP/Q4/KGZ/1/Add.1, IP/Q/KGZ/1/Add.1 Kyrgyz Republic United States of America 2. In describing the manner in which the Kyrgyz Republic provides protection for data submitted to government authorities to obtain marketing approval for pharmaceutical and agricultural chemical products, the Kygryz Republic states that when data which meet the requirements enumerated above (requirements for undisclosed information) is submitted, it shall be protected against unfair commercial use and against disclosure. Please describe, in detail, what is meant by "unfair commercial use" in this context, i.e. from what actions is the data protected and how.
The Law of the Kyrgyz Republic On Commercial Secrets (hereinafter referred to as "the Law") stipulates that unauthorized disclosure of a commercial secret shall be recognized as intentional actions: - committed by employees of an economic entity in possession of the data constituting a commercial secret, or - committed by other natural persons or legal entities who have access to commercial information, or - those, who illegally acquired information, constituting a commercial secret, that have entailed premature disclosure, uncontrolled use and distribution, which have resulted in the encroachment upon the rights of the economic entity. Therefore, according to the Law illegal acquisition by the third party of the commercial information, unknown to him/her earlier, with regard to which the owner has undertaken the appropriate measures of protection, shall constitute infringement of the right to commercial secret. Breach of the legislation on commercial secrets shall entail civil, administrative and criminal liability. Methods of enforcement of civil rights are general procedure of enforcement of violated rights to commercial secret. The given procedure is enforced within the framework of general, i.e. judicial (tort) procedure. Civil rights are enforced by means of recognition of the right to a commercial secret, by claim to restore the circumstances which existed before the right was violated, and by cessation of actions which violate the right or create the threat of its violation, by claim to indemnify losses, and by means of other methods stipulated by Article 11 of the Civil Code of the Kyrgyz Republic. Administrative liability for disclosure of a commercial secret is provided in Article 314 of the Code on Administrative Liability of the Kyrgyz Republic. Sanction in the form of a fine shall be imposed for this administrative infringement. Articles 193 and 194 of the Criminal Code of the Kyrgyz Republic stipulate for two corpora delicti related to illegal acquisition and unauthorized disclosure of the information, constituting a commercial secret. The following acts are subject to criminal punishment: - collection of data, composing a commercial secret by theft of documents, bribery and threats to the persons, owing commercial secrets or their relatives, interception of information in communication means, illegal entering the computer system or network, illegal use of special means as well as by other illegal way with the purpose of disclosure or use of these data (Article 193 Criminal Code); - illegal disclosure or use of commercial secrets without consent of their owner by the person, who knows the secret due to the professional or service-related activity, causing significant damage (Article 194 Criminal Code).
17/05/2000
IP/Q2/KGZ/1/Add.1, IP/Q3/KGZ/1/Add.1, IP/Q4/KGZ/1/Add.1, IP/Q/KGZ/1/Add.1 Kyrgyz Republic United States of America 3. The response referred to in follow-up question 2 specifies that it is only data that meets the criteria for undisclosed information that it protected against such unfair commercial use. Article 39.3 requires that "other data", the origination of which involves considerable expense, is also to be protected against unfair commercial use. Please describe the manner in which the Kyrgyz Republic provides protection for such "other data".
Data submitted for obtaining the permission/approval to sell pharmaceutical and agricultural chemical products shall be protected from unfair commercial use and unauthorized disclosure, if these data meet the requirements set forth to the data constituting a commercial secret. Therefore, protection described in the answer to follow-up question 2 fully refers to the data submitted for permission of sale of pharmaceutical and agricultural chemical products.
17/05/2000

Page 677 of 677   |   Number of documents : 13533

 
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