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.

En esta página puede hacer búsquedas en las preguntas y respuestas de los Miembros sobre las leyes y los reglamentos notificados. Puede consultar los resultados de la búsqueda en la pantalla, descargarlos en formato Excel e imprimirlos. También puede descargar los distintos documentos.

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Página 13 de 677   |   Número de documentos : 13533

Signatura del documento Miembro que presenta la notificación Miembro que plantea la pregunta Pregunta Respuesta Fecha de distribución del documento  
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
At present, the legislation has no provisions allowing judges to indemnify a defendant in the event of abuse by a Plaintiff.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
At present, there are no provisions implementing Article 50 of the TRIPS Agreement.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 55. Please identify the competent authorities in your jurisdiction who receive requests from right holders for an application to suspend the release of counterfeit goods by the customs authorities.
Section 35 of the Copyright Act prevents the importation of infringing copies. However, at present, there is not competent authority with the power to suspend the release of counterfeit goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 56. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
At present, there are no legal provisions to suspend the export of counterfeit goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. Section 125 stipulates that: "125.-(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order under section 111 or 123 or seized pursuant to section 112 or 122 be- (a) forfeited to the copyright owner; or (b) destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order (if any) should be made under subsection (1), the court must have regard to- (a)whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner. (3) Before making an order under subsection (1), a court must issue directions as to the service of notice on persons who have an interest in the copy or other object. (4) A person who has an interest in a copy or other object which is the subject of an application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not the person appears in the proceedings. (5) An order made under subsection (1) does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any other order it thinks just. (7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 58. Please indicate whether or not your legislation provides for a de minimis imports exception.
At present, the legislation does not provide for a de minimis imports exception.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Division 5 of the Copyright Act which governs Offences addresses criminal liability for making or dealing with infringing objects. Sections 121 (1) – (3) set out the criminal acts and states: 121.-(1) A person who, other than pursuant to a copyright licence- (a) makes for sale or hire; (b) imports into the Fiji Islands otherwise than for that person's private and domestic use; (c) possesses in the course of a business with a view to committing any act infringing the copyright; (d) in the course of a business- (i) offers or exposes for sale or hire; (ii) exhibits in public; or (iii) distributes; (e) in the course of a business or otherwise, sells or lets for hire; or (f) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner, an object that is, and that the person knows or our ought reasonably to know is, an infringing copy of a copyright work, commits an offence. (2) A person who- (a) makes an object specifically designed or adapted for making copies of a particular copyright work; or (b) has such an object in the person's possession, when the person knows or ought reasonably to know that the object is to be used to make infringing copies for sale or hire or for use in the course of a business, commits an offence. (3) Subject to subsection (4), a person who- (a) causes a literary, dramatic, or musical work to be performed, if the performance infringes copyright in the work; or (b) causes a sound recording or film to be played in public or shown in public, if the playing or showing infringes copyright in the sound recording or film, and who knows or ought reasonably to know that copyright in the work or in the sound recording or visual image, as the case may be, would be infringed by the performance, playing or showing respectively, commits an offence. (4) Nothing in subsection (3) applies in respect of infringement of copyright by the reception of a broadcast or cable programme. Penalties for the above offences are prescribed under section 121(5) as follows: (5) A person who commits an offence under this section is liable on conviction- (a) in the case of an offence against subsection (1), to a fine of $5,000 for every infringing copy to which the offence relates, but not exceeding $50,000 in respect of the same transaction, and to imprisonment for 12 months; (b) in the case of an offence against subsection (2) or (3) to a fine of $50,000 and to imprisonment for 12 months, (c) in the case of a second or subsequent offence against subsection (2) or (3), to a fine of $100,000 and to imprisonment for 2 years.
20/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 1: We note that during the accession process, we had an opportunity to review Tajikistan's Copyright law, but that the Copyright law has not been notified to the WTO pursuant to TRIPS Article 63, or at least such a law is not reflected in the WTO database of such laws. Has the Copyright law been notified?
Tajikistan's reply: The Copyright Law has been notified in the meantime.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América WT/ACC/SPEC/TJK/5/Rev.2: Question 2: Page 82, paragraph 261: There is a wording/translation problem in Articles 4 and 30, that the government of Tajikistan noted would be clarified in document WT/ACC/TJK/23, questions 77, 87 and 95.
Tajikistan's reply: Paragraph 261 of WT/ACC/SPEC/TJK/5/Rev.2 does not appear to refer to "a wording/translation problem in Articles 4 and 30". However, any wording / translation issues that may have existed at time document WT/ACC/TJK/ 23 was compiled, have been corrected.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Follow-up question: This issue has still not been addressed as the final boldface paragraph in Articles 4 and 30 still says "and" instead of "or".
Tajikistan's reply to follow-up question: The answer requires further investigation and will be provided at a later stage.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 3: Page 83, paragraph 262: In earlier documents, the GOT had clarified that works whose term had expired and had fallen into the public domain in Tajikistan would still be protected in Tajikistan if they had not fallen into the public domain in their country of origin. WT/ACC/TJK/23, Questions 77, 87 and 95.
Tajikistan's reply: Tajikistan reconfirms that this is still the case - works whose term had expired and had fallen into the public domain in Tajikistan would still be protected in Tajikistan if they had not fallen into the public domain in their country of origin .
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 4: Page 83, paragraph 263: As noted In WT/ACC/TJK/24, question 94, this exception would not apply to books that the publisher makes available in Braille, regardless of whether the work was "originally" created in Braille or not.
Tajikistan's Reply: The exception in Article 20 (6) of the Law on Copyright and Neighboring Rights refers to reproduction of copyrighted works initially made available in a 'conventional ' manner. Such works can be reproduced using Braille, thus making them available to the blind. However, this exception does not cover the works that have been created to be published in Braille, which are protected by copyright as any other work.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Follow-up question: If a book was originally made in a "conventional manner," such as a print book, and the publisher is now also making copies of the book available in Braille, would the Article 20(6) exception apply?
Tajikistan's reply to follow-up question: Yes, it would, provided that the copies are made not for profit.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 5: Page 83, paragraph 264: We would like to understand this better. What right holders are subject to these government regulations? Can an exclusive right holder deny use or demand whatever payment or concessions it wants to license use of its works?
Tajikistan's reply: These government regulations set the minimum remuneration only. The purpose is to protect the right holders (authors), who are usually a weaker contracting party and ensure that they will receive the minimum, justified remuneration for transferring of their rights. These regulations cover all authors/ right holders, referred to in the Law on Copyright and Neighboring Rights. However, these regulations do not in any way regulate or limit the right of the exclusive right holders to freely dispose of their rights. Consequently, exclusive right holder is entitled to deny use or to demand whatever payment or concessions it wants to license use of its works.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América WT/ACC/TJK/24: Question 6: Page 27, Question 65/ 84: Please confirm that the owners of audiovisual works have the exclusive right of "in sequence" demonstrations. Does Article 16(5) include both in and out of sequence demonstrations? Please explain the difference between 16(4), presentation of works in public, and 16(5), performance of works in public.
Tajikistan's reply: Tajikistan confirms that the owners of audiovisual works have the exclusive right of "in sequence" demonstrations. The difference between 16(4) presentation of works in public, and 16(5} performance of works in public, is based on a difference among different art forms. For example, a movie director would present his work (a movie) in public, whereas a singer or musician would perform - sing or play, live in public.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 7: Page 28, Question 68/ 97: Please clarify where broadcasting organizations have the right to prohibit non-simultaneous broadcasting/communication to the public via wireless broadcasting.
Tajikistan's reply: Broadcasting organizations have the right to prohibit any simultaneous or non-simultaneous broadcasting/ communication to the public via wireless broadcasting in accordance with Berne Convention Article 11 and TRIPS. Please note that by the ratification of the Berne Convention and TRIPS, both became integral part of Tajikistan's internal legal system, which enabled their direct implementation. Furthermore, in case of any conflict between the ratified international agreement/ convention and the domestic legislation, ratified International agreement/ convention prevails.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Follow-up question: Is there a section in your copyright or communications law that provides this, or is it only by virtue of Tajikistan's adherence to international agreements?
Follow-up question: Is there a section in your copyright or communications law that provides this, or is it only by virtue of Tajikistan's adherence to international agreements?
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América WT/ACC/TJK/30: Question 8: Paragraph 264, pp. 58-59: When does Tajikistan intend to file its documents and accede to the Convention for the Protection of the Interests of Producers of Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention)?
Tajikistan's reply: Tajikistan acceded to the Convention for the Protection of the Interests of Producers of Phonograms from Illegal Broadcasting of their Phonograms (the Geneva Convention) on 26 February 2013.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Question 9: Paragraph 273, pp. 60-61: Are foreign works that were still protected in their country of origin, but were in the public domain in Tajikistan in 1998 because the 25 year term had expired, protected in Tajikistan? For example, how long would a US work created In 1965 by an author who died in 2000 be protected in Tajikistan?
Tajikistan's reply: Amendments to the Law on Copyright and Neighboring Rights that were adopted in 2009 included provisions on retroactive effect, thus enabling the protection in Tajikistan of foreign works that were still protected in their country of origin, but were in the public domain in Tajikistan in 1998 because the 2S year term had expired. In the example above the work will be protected in Tajikistan 50 years after the death of its U.S. author, i.e. until 2050.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tayikistán Estados Unidos de América Follow-up question: I refer to question 2, above, which notes that Articles 4 and 30 still say "and" instead of "or"
Tajikistan's reply to follow-up question: The answer requires further investigation and will be provided a later stage.
17/05/2016

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