Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

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En el párrafo 2 del artículo 63 del Acuerdo sobre los ADPIC, se exige a los Miembros que notifiquen al Consejo de los ADPIC las leyes y los reglamentos hechos efectivos por el Miembro en cuestión y referentes a la materia del Acuerdo, con el fin de ayudar al Consejo en su examen de la aplicación del Acuerdo.

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Página 1 de 496   |   Número de documentos : 9912

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IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Canadá 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Canadá 2. What protection does your copyright legislation afford to "foreign works"?
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention, Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection. Computer programs are protected by the 1992 Copyright Law No. 40. Article 2 of this law mentions computer programs under the scope of protection. The draft amendment will introduce under the above-mentioned scope computer programs applications as well as compilations of data. The rental right is available under the existing law through the right of free exploitation provided for in the Article 14 of the 1992 Copyright Law. The draft amendment will introduce clearly the exclusive rights to exploit, under the rental right, literary works, including computer programs and cinematography work. The term of protection of copyright other than photography work is determined by the period of life of the owner and 25 years after his death. The draft amendment will extend this period to 50 years.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Canadá 3. Please describe if there are any administrative procedures which are prerequisites for obtaining copyright protection, and if so, how do they comply with TRIPS obligations.
The 1992 Copyrights and Neighbouring Rights law No. 40 stipulates in its Article 4 that the copyrights shall be registered in the Ministry of Information and Culture and non-deposit of the work does not prejudice any of the protection aspects of the rights decided by the law. Article 33 stipulates that the Ministry of Information and Culture establishes a system for registration of copyrights and any actions that will occur on them. The bylaw of the 1992 Copyrights Law indicates the administrative procedures to be followed by the owners in pursuing depositing or registering actions.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Canadá 4. Please describe under what circumstances "fair use" exceptions apply to copyright protection, and is this in line with TRIPS obligations.
The 1992 Copyrights Law No. 40 determines in its Article 14, as follows, the actions allowed without the consent of the owner of copyright: - the personal use of the work through copying or translating it. - The use of the work in the educational system with the purpose of the clarification through copies, programmes and reproductions for educational, cultural and religious purposes. The use must be in the necessary limit, provided that this will not seek any monetary profit and the name of the author and the origin of the work be indicated. - Quotation of paragraphs with the purpose of clarification, explanation and criticism and to the extent usually observed and necessary to reach the set objective, provided that the name of the author and the origin of the work be indicated. - Copying information and political, economic, social, cultural and religious press articles related to current events and their publication by newspapers as well as broadcasting works of like nature provided that the origin be mentioned. - Copying any audio or visual work relating to current events presented in broadcasting news and publishing it in the limit of the set objective and with the mention of the name of the author. - Public libraries, non-commercial documentation centers, educational and cultural and scientific institutes may copy protected works in the limit of the necessary needs, provided that this will not prejudice the author’s rights. - Newspapers and other news agencies may publish presentations made during judicial procedures and other similar works presented to the public, provided that the name of the author be mentioned. The amendments of the 1992 Copyrights law envisage reorganizing these provisions to cope with the TRIPS Agreement. The envisaged amendments are presented as follows: Without prejudice to literary rights of the author stipulated in the mentioned law, the author after the publication of his work must not prohibit a third person to perform one of the following acts: - To make a sole copy from the work for the merely non-commercial or professional but personal use, except the works of the fine and applied arts unless were located in public place. The works of architecture are also excepted. - To make a sole copy of computer programme with acknowledgement of its legitimate acquisitor who has a unit to derive from, provided that such act occurs in the limits of the licensed purpose or the purpose to retain or substitute at the time of losing the original, been damaged or became invalid to use. - Copying protected works to use them in judicial procedures or analogous to them within the limits required by such procedures provided that the source and the author name be mentioned. - Taking a sole copy of the work with acknowledgement of records house or archives, libraries, or documentation centers who do not seek direct or indirect profit all in the following two cases: (i) copying must be for the purpose of preservation of the original, or to exchange it for a lost, destroyed unsuitable to use or unobtainable copy against reasonable conditions; (ii) the purpose for copying must be in reply to application by a natural person to use it for research or study provided that it must be granted for one time or for interrupted periods of time provided that obtaining a license became impossible in accordance with the provisions of the law. - Quotation of short paragraphs, derivation or reasonable analysis of the work for the purpose of criticism, discussion, or information provided mentioning the source and the author’s name. - Performing the work in family meetings or by students in an educational institute against no direct or indirect remuneration. - Presenting the fine arts, applied and plastic arts works or architectural works in broadcasting programmes, if such works are permanently present in far places. - Reproduction of written, sound or audio-visual short excerpts for cultural, religious, educational or vocational training purposes provided that copying be in reasonable limits of its purpose and that the name of the author and the title of the work be mentioned wherever is possible and that the copying authority does not aim at direct or indirect profit and that license for copying was unobtainable in accordance with the provision of the law. Also under the same amendments, the author has no right to prohibit the copying made by newspapers, periodicals, broadcasting organizations within the limits justified by the aimed purpose to publish any of the following: - Excerpts of his available works to the public in a legal manner. This applies also on communicating excerpts from audio or visual works during current events, broadcasting or communicating them to the public by any other medium. The source and author’s name must be mentioned. - The published essays relating to discussion of issue preoccupying the public opinion in certain time, as long as no notification of prohibition was served at the time of publication provided that the source and author’s name must be mentioned. - Addresses, lectures, speeches recited in open sessions of parliamentary or judicial councils and public meetings as long as such lectures and speeches are addressed to the public and copied within the limits of copying the current news. All these restrictions on the economic rights of the authors are applied on the holders of neighbouring rights.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 1. Please describe, in relation to each form of intellectual property covered by the TRIPS Agreement, including plant variety protection, the manner in which nation treatment and most favoured nation treatment are provided to nationals of other WTO Members.
The 1992 Patent Law in its Article 2 provides that the provisions of this Law shall not contravene any international convention or treaty to which the UAE is a party, and which governs the rights of the nationals of the contracting States as well as the rights of the persons who are treated as such. Foreigners to whom the preceding paragraph does not apply shall have the same rights as are the nationals under this law, provided that they have the nationality of a state which applies the reciprocity principle to the UAE.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 2. Please explain whether and how the copyright law of the United Arab Emirates complies with Article 9 of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations relating to the latter Article under the TRIPS Agreement.
The 1992 Copyrights Law, Articles 37-44, provides for preventive measures and penalty including confiscation, the closing of the institution violating copyright and prison measures and compensation. The draft amendment will provide more detailed measures to enforce copyrights as referred to in the TRIPS Agreement. The obligations arising from Article 9 of the TRIPS Agreement (Berne Convention Articles 1-21 except Article 6bis) will be met through the extension of the scope in terms of the various categories and subjects of copyright as well as the nature of the protection.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 3. Please explain how the copyright law of the United Arab Emirates protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement.
Computer programs are protected by the 1992 Copyright Law No. 40. Article 2 of this law mentions computer programs under the scope of protection. The draft amendment will introduce under the above-mentioned scope computer programs and their applications as well as compilations of data.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available. Please cite to the corresponding provision of the copyright law of the United Arab Emirates.
The rental right is available under the existing law through the right of free exploitation provided for in the Article 14 of the 1992 Copyright Law. The draft amendment will introduce clearly the exclusive rights to exploit, under the rental right, literary works, including computer programs and cinematography work.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 5. Please state the length and terms of protection the copyright law of the United Arab Emirates provides for a work other than a photographic work or a work of applied art and cite to the relevant provision of law.
The term of protection of copyright other than photography work is determined by the period of life of the owner and 25 years after he dead. The draft amendment will extend this period to 50 years.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 6. Please describe the protection the copyright law of the United Arab Emirates provides for performers, and the term of the protection.
The 1992 Copyrights and Neighboring rights law No. 40 law includes performances among protected works. To conform to the TRIPS Agreement, the amendment to this law envisages to precise the rights of performers who shall enjoy the following economic rights: - The right to transmit their unfixed performance and communicating it to the public; - The right to fix their performance on a phonogram; - The right to reproduce their fixed performance on a phonogram. In this respect, the amendment will considers prohibited any fixation of such live performance on a phonogram for direct or indirect commercial revenue, rental, transmission or availability to the public on any medium by third person without authorization of the right holder. As far as the term of the protection is concerned, the law provides for a period of fifty years protection to be calculated from the beginning of the next calendar year in which the performance was accomplished. If the performance was fixed in a phonogram, the period would be calculated from the end of the year in which the fixation was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of the United Arab Emirates implements these obligations and indicate the term of protection.
The amendment to the 1992 Copyright law will provide for the protection of the rights of producers of phonograms. It will state that the producers of phonograms shall enjoy the following rights: - The right to prohibit any exploitation of their phonograms by any means without their authorization. The law prohibits copying, rental, broadcasting, re-broadcasting, availability to the public by third parties. - The right to disseminate their recordings via wire, wireless, computer or other means. The term of the protection will be fifty calendar years calculated from the beginning of the next year in which the publication of the phonogram was done or the year in which the phonogram was fixed if it was not published.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 8. Please describe the subject matter that can comprise a trademark under the trademark law of the United Arab Emirates.
The 1992 Trademarks Law No. 37 considers as trademark the following: Names, words, signatures, letters, numbers, drawings, symbols, addresses, hallmarks, stamps, pictures, vignettes, notices, packages or any other mark or combination of marks having a distinctive form and used or meant to be used- in distinguishing goods or products of whatever origin, or in showing that the goods or products are owned by the owner of the trademark because he manufactured it or selected it or traded in it, or rendered a service under it. A sound shall be considered part of the trademark if it was accompanying it.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 9. Please describe the procedure that must be followed to register a trademark in the United Arab Emirates, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
The 1992 Trademarks Law No. 37 Article 5 provides that the Ministry of Economy and Commerce shall keep a register to be called "Trademarks Register" which shall be registered all trademarks, names and addresses of their owners, type of their activity, description of their goods or products or services and any assignment or transfer of ownership or change of license to use or any other amendments. The Law stipulates that every person may apply for a true copy of the contents of the said register upon payment of the prescribed fees. Article 6 of the same law states that the following persons shall have the right to register their trademarks: - UAE natural and moral persons who exercise any commercial, industrial, handicraft or services activity. - Non-UAE natural or moral persons who exercise any commercial, industrial, handicraft or services activity in the UAE. - Non-UAE natural or moral persons who exercise any commercial, industrial, handicraft or services activity in any country which grant the UAE reciprocal treatment. - Public moral persons. Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the 1992 Trademarks law No. 37 as well as the 1993 Ministerial Decision No. 6 lay down detailed conditions and procedures governing registration of trademarks in the UAE. Article 7 states that each person desiring to use a trademark to distinguish any goods or products or services may apply for registering it. Article 17 of the 1992 Trademarks law No. 37 considers the person who has a trademark registered in his name its exclusive owner. Article 20 provides for the owner's right to remove the trademark from the register. It provides also that if the owner of the mark has granted, by contract, to a third person a license to use the mark, the said mark may not be removed from the register except upon written consent of the licensee unless the licensee expressly renounces his right in the license agreement. Articles 27-28 and 29 lay down the holder’s right of transferring the ownership of a trademark and the conditions under which the transfer, levying a charge or seizure related to a trademark are made. Articles 30-31-32-33 and 34 organize the license contracting, which is stated by the law as a right of the trademark holder. Articles 37 defines the penalties with regard to the counterfeiting, imitating, misleading the public, fraudulent use of registered trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 10. Please provide the length and terms of protection the trademark law of the United Arab Emirates provides for a trademark. Please explain how the length and terms of trademark protection in the United Arab Emirates are consistent with Article 18 of the TRIPS Agreement.
Article 19 of the 1992 Trademarks law limits the duration of the protection of a registered trademark to ten years with the possibility of renewal for further consecutive periods of ten years each.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 11. Please explain whether the trademark law of the United Arab Emirates is consistent with Article 20 of the TRIPS Agreement, which requires that the use of a trademark shall not be unjustifiably encumbered by special requirements such as use with another trademark, use in a special form or use in a manner detrimental to the trademark's capacity to distinguish the goods or services of one undertaking from those of other undertakings. Please cite any relevant laws, regulations and judicial decisions.
The 1992 Trademarks law does not provide for any provision imposing unjustifiably requirements, which encumber the trademark. The only requirements for the registration of trademarks regarding form and use are stated out in Article 3, which prohibits the registration of some marks such as public emblems, flags, and other symbols relating to countries or international organizations unless authorized by them. Registration of marks violating public morals or public order is prohibited as well.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 12. Please explain whether the law of the United Arab Emirates complies with Article 21 of the TRIPS Agreement, which requires that the licensing of trademarks shall not be compulsory.
The Trademarks law does not provide for any provision, which laying down the compulsory licensing of trademarks. Articles 30, 31, 32 and 34, which organize trademarks licensing are fully in conformity with Article 21 of the TRIPS Agreement in the sense that they do not impose the compulsory licensing of trademarks. Article 27 of the same law conforms also with Article 21 of the Agreement while stating that transfer of the ownership of a trademark may be effected with or without the business to which the trademark belongs.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 13. Please describe in detail how the laws of the United Arab Emirates provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
Geographical indications are protected through the 1992 Trade Marks Law No 37. All the provisions contained in this law apply to geographical indications. Paragraphs 6 and 9 of Article 3 exclude from the registration (protection) geographical indications, which have the purpose to mislead the public on the veritable origin of the product or services or which contain false indications as to the origin or source of the products or services.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 14. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
Geographical Indications related to the wine and spirituous are not registered in the United Arab Emirates in pursuance of the 1992 Trade Marks Law Article 3 paragraph 2, which states that any mark which violates public morality or is contrary to public order shall not be registered as trademark.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of the United Arab Emirates, and describe the nature of the protection provided.
The industrial design must be recorded in the special Register kept by the Ministry of Industry and Finance (the Directorate). The registration application shall be filled and examined according to the procedure, and on payment of the fees, determined by the related Decree. The procedures mentioned above could be summarised in presenting an application which should be considered on the basis of prescribed requirements indicated in the 1992 Patent and Industrial Design Law No. 44 (Article 51) and 1993 related Decree No. 11 (Articles 45-49). The requirements are of formal and objective nature, providing that applicant have a right to use appeal procedures, be they administrative or judicial if needed (Patent and Industrial Design Law, Article 47). The nature of protection provided for industrial designs is reflected in Article 49 of the 1992 Patent and Industrial Design Law which accord to the holder the right of using the design in the making of any product, importing any product related to the industrial design, or processing such a product for the purpose of offering it for sale or selling it.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Estados Unidos de América 16. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
There is no specific provisions for textile designs. The 1992 Patent and Industrial Design Law apply to textiles industrial designs.
02/02/2004

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