| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
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.
|
At present, there are no provisions for the protection of textile designs.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
17. Please describe in detail the way in which the patent law of Fiji implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
|
Under section 5 of the Patent Laws, the exceptions are:
(a) if the invention is of no utility;
(b) if the invention at the time of presenting the petition was not a new invention;
(c) if the petitioner is not the true and first inventor thereof; or
(d) if the petition or any specification contains a wilfully false statement.
The only other exception is pharmaceuticals as provided in section 3A of the Patents (Amendment) Act 2002.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
18. Please describe in detail the rights provided patent holders under the patent law of Fiji and cite to the relevant provisions of law.
|
The patent holder is granted exclusive rights to his/her invention, unless it is for making, constructing, using or selling a patented invention in respect of a pharmaceutical product or substance, as provided in section 3A.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
19. Please describe in detail any provisions in the laws of Fiji permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
|
As stated above, unauthorized use of a patent is provided for solely in respect of pharmaceutical products or substances.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
20. What term of protection does the patent law of Fiji provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
|
Under section 3 of the Patents Act, the inventor has exclusive right to his/her invention. This is further provided under section 4 which entitles the inventor to the exclusive right to use, sell or make his/her invention for a period of 14 years from the date of the grant of the letters of patent.
For all patents granted in the United Kingdom, the inventor may accordingly apply to the Solicitor-General within 3 years from the date of its issue for registration of the patent in Fiji. Once granted, the patent shall continue in force in Fiji for so long as the patent remains in force in the United Kingdom.
There is no specific provision in the Patents Act for the extension of the patent once the term expires, however, a person who requires an extension would normally apply for grant of a new letters of patent.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Fiji, including the term of protection, and cite to the relevant provisions of law.
|
At present, there are no express provisions for the protection of layout-designs of integrated circuits provided under the laws of Fiji.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
22. Please describe in detail how the laws of Fiji provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
|
As far as the laws pertaining to intellectual property is concerned, there are no express provision for the protection of undisclosed information in the relevant laws.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
23. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Fiji and cite to the relevant provisions of law.
|
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
24. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
|
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
|
20/05/2016 |
|
| IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
Estados Unidos de América |
25. Please describe in detail the manner in which the laws of Fiji provide for effective action against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
|
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
Estados Unidos de América |
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 |
|
