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.

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).

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.

In response to Canada's first question, Fiji submits information it had compiled with regard to its copyright law in relation to the questions in the Checklist of Issues on Enforcement as it covers most issues applicable to Fiji's law arising from Articles 41 - 61 of the TRIPS Agreement. (See document IP/N/6/FJI/1)

Pursuant to s227(2), regulations maybe made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: "(a) persons who are citizens or subjects of a country or who are domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji (b) bodies incorporated under the law of a country or place - as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) broadcasts made from, or cable programmes sent from a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.

Pursuant to s227(2), regulations may be made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: (a) persons who are citizens or subjects of a country or who ore domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji Islands. (b) in relation to bodies incorporated under the law of a country or place as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) in relation to works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) in relation to broadcasts made from, or cable programmes sent from, a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.

Computer programs are protected as any other work, with the issue of the author covered by section 5(2) (a) of the Act which stipulates: "(2) For the purposes of subsection (1), the person who creates a work is - (a) in the case of literary, dramatic, musical or artistic work that is computer-generated-the person by whom the arrangements necessary for the creation of the work are undertaken."

Section 229(o) of the Act stipulates that: "229. The Minister may make regulations for all or any of the following purposes – (o) authorising, subject to specified conditions, the rental to the public of copies of - (i) any specified class or classes of computer program; (ii) any specified class or classes of sound recording, or (iii) any audio visual work or specified class or classes of audio visual work, without the consent of the owner of the copyright in the work." Pursuant to s73 of the Act, copyright in a work (being a computer program, sound recording, or audio visual work) is not infringed by the rental of that work to any person by an educational establishment or a prescribed library if they do not rent out the work for profit or if the work has previously been put into circulation with the licence of the copyright owner

Section 22 Copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies. Section 22(3) If the work is computer generated copyright expires at the end of 50 years after the end of the calendar year of a authorized publication of the work or if there is no authorized publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making. Section 22(4) If the work is of unknown authorship copyright expires at the end of 50 years after the end of the calendar year of authorized publication of the work. Section 23(3) Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made or is first made available to the public, or is first published, whichever is the latest. Section 24 Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public. Section 25 Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.

Part X of the Copyright Act 1999 (Fiji), covers Performers' Rights, sections 166, 167 168 and 169 of which cover infringements by a person or persons, who without a performer's consent for a commercial purpose makes a recording of the whole or substantial part of a performance, by means of an illicit recording or copies of a recording knowing or having reason to believe that it was made without the performer's consent. A performer's rights are infringed by a person who without the performer's consent imports into Fiji other than for his private and domestic use or in the course of business possesses, sells or lets for hire c recording that the person knows or ought to have known is on illicit recording.

As indicated in response to question 5, the performer's rights ore protected in a number of ways, but all of which require that the performer's consent is required. For example, s166(1) of the Act stipulates: "(1) A performer's rights are infringed by a person who without the performer's consent - (a) makes, otherwise than for the person's private and domestic use, a recording of the whole or any substantial part of the performance; or (b) broadcasts live, or communicates to the public, the whole or any substantial part of a performance." The performer's right to authorize or prohibit the commercial rental to the public of originals or copies of their program may be implemented by regulations made by the Minister. Section 201(2) of the Act, (contained in Part X covering Performer's Rights) stipulates: "Regulations made under this section may - (a) apply any provisions of this Part subject to specified exceptions and modifications; and (b) direct that any provision of this Part applies either generally or in relation to a specified class of performers."

Under section 2 of the Trademarks Act, trade-mark included a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.

The procedure for the registration of a Trade mark is under section 11 (1) of the Trademarks Act and the prescribed manner is provided in the Second Schedule of the Act. Section 11 (1) of the Act stipulates: "11.-(1) Any person claiming to be the proprietor of a trade-mark who is desirous of registering the same shall apply in writing to the Registrar in the prescribed manner. (2) Subject to the provisions of this Act, the Registrar may refuse such application or may accept it absolutely or subject to conditions, amendments or modifications or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose. (3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the court. (4) An appeal under this section shall be made in the prescribed manner and on such appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise the application is to be accepted. (5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar other than those stated by him except by leave of the court hearing the appeal. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. (6) The Registrar or the court as the case may be may at any time, whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his application upon such terms as they may think fit." As outlined above under Section 11 (3), if the Registrar after considering the application for registration of a trademark refuses or accepts the application on conditional grounds, the applicant if he or she requires has the right to ask the Registrar to state in writing the grounds of the Registrar's decision and the materials used by the Registrar in arriving at the same, and such decision shall be subject to appeal to the court.

Registered trademarks are protected for 14 years from the date of registration, as per section 27 of the Act. Registration of a trademark can be renewed within the prescribed time for another period of 14 years. Section 27 stipulates that: "27. The registration of a trade-mark shall be for a period of fourteen years but may be renewed from time to time in accordance with the provisions of this Act."

At present, the Trademarks Act only provides for trademarks in connection with goods.

The Fiji Intellectual Property Office in receiving application for trademarks considers well known trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period for opposition will cater for any objections albeit from a well-known trademark holder or not.

At present, there is no provision for well-known trademarks.

At present, there are no provisions for the recognition and protection of geographical indicators.

At present, there are no provisions for the protection of wines and spirits.

At present there are no provisions for the protection of industrial designs however we are in the process of drafting a legislation governing industrial designs.