Japón

Estados Unidos de América

Patentes (incluida la protección de variedades vegetales)

[Follow-up question from Japan] With respect to Article 70.4 of the TRIPS Agreement, the US Government recognizes the time period which is longer than that as provided for in Article 70.4 just because acts in such an extended period have not had a commercial effect. Please explain whether Article 70.4 which specifies the exception to a patent right should be applied superior to the general provision of Article 30. If so, please explain whether such an extension is consistent with Article 70.4.

The United States has answered question 11 clearly. We do not understand the Government of Japan’s hypothetical question regarding the superiority of Article 30 in relation to Article 70.4. We are, therefore, unable to answer.