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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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 Japón 1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement.
At present there are no exceptions or exemptions in place of the National Treatment and the Most Favored Nation Treatment under Fiji's Copyright and Neighbouring Right Law, although the power to do so is vested in the responsible Minister by way of regulations which he has not exercised as yet. Performers' Rights (Part X) Division 8 which governs the Extraterritorial Application of Part X of the Copyright Act 1999 (which deals with Performer's Rights), contains the relevant regulation making power. "201-(1) The Minister may by regulations apply in relation to any country or place outside the Fiji Islands, any provision of this Part specified in the regulations. (2) Regulations made under this section may - (a) apply any provision 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 performances (3) The Minister must not make regulations under this section in relation to a country or place unless satisfied (a) in the case of a country that it is a Convention country, or (b) in either case - that reciprocal provision has been or will be made under the law of the country or place in respect of the class of performances to which the regulations relate." Copyright (Part XIII - Division 3) No exemptions or exceptions to the national treatment or most favoured nation treatment have been formulated as yet since the passage of the Copyright Act 1999, although the powers are vested on the Minister under it to do so by way of regulations, pursuant to section 227 (3) which stipulates: "(3) Regulations made under this section may – (a) apply any provision of this Act subject to specified exceptions and modifications; and (b) direct that any provision of this Act applies either generally or in relation to a specified class of works, or other class of cases. Section 227(4) of the Act stipulates: (4) The Minister must not make any regulations under this section in relation to a country or place unless satisfied - (a) in the case of a country that it is a Convention country; or (b) in either case that provision has been or will be made under the law of the country or place, in respect of the class of works to which the regulation relates, giving adequate protection to copyright owners under this Act."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 1. Please explain in detail how your legislation provides protection for geographical indications.
Fiji's current legislative framework does not prescribe protections for geographical indications.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 2. Does your legislation grant patent protection to all categories of products or are there any exceptions? If so, please explain in detail what kind of exceptions exist and how they comply with Article 27 of the TRIPS Agreement.
At present, there are no exceptions, although pursuant to section 23 of the Patents Act allows the Attorney-General to make regulations for regulating procedure under this Act.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)?
At present, the legislation does not address importation of patents.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 4. Does your legislation make the granting of a compulsory license subject to all the conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of law.
At present, the legislation does not address granting of a compulsory licence.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 5. Does your legislation provide for the principle of the reversal of burden of proof in a process patent litigation? Please cite the relevant provisions of law.
At present the legislation does not make express provisions for the reversal of burden of proof.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 6. Please explain in detail if your legislation ensures that undisclosed test or other data submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agricultural chemical product is protected against disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, when applying subsequently for market authorisation for his own product. Does your legislation provide for exceptions to this? If yes, under what conditions would such exceptions apply? Does your legislation set a specific term of protection for undisclosed test or other data of the first applicant?
At present, there is no provision in the legislation for protection of undisclosed information.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 7. Please indicate remedies provided by your legislation, which constitute effective deterrents to infringements of intellectual property rights.
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 Suiza Follow-up question 7 With regard to the issue of remedies in case of infringements of intellectual property rights, you refer to the responses you gave to the checklist of issues on enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only with copyright. Please give complementary information on remedies provided by your legislation in the other fields of intellectual property, which constitute effective deterrents to infringements of these rights.
Pursuant to sections 44 and 60 of the Trademarks Act, a person may bring a claim in the Fijian Court for alleged infringement of a trademark. Under section 28 of the Patents Act, a person may bring a claim in the Fijian Court for being prejudicially affected by the issue of a certificate of registration.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Suiza 8. Please describe any new initiatives that are planned to improve enforcement of intellectual property rights in your country, particularly initiatives related to criminal enforcement.
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 Suiza Follow-up question 8 With regard to the issue of new initiatives that are planned to improve enforcement of intellectual property rights in your country, you refer to the responses you gave to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1). These answers, however, seem to deal only with copyright. Please give complementary information on new initiatives that are planned in your country to improve enforcement of rights in the other fields of intellectual property, and particularly initiatives relating to criminal enforcement.
At present, there have been no new initiatives to improve enforcement of patents and trademarks, however we are currently in the process of reviewing our laws on patents and trademarks.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 1. Please describe if your legislation includes measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to your socio-economic and technological development as mentioned under Article 8 of the TRIPS Agreement. If yes, please explain how such measures are consistent with the provisions of the TRIPS Agreement.
The Patents Act [Cap 239], as alluded to earlier, makes an exception to the protection of patent rights under section 3A which allows persons to make, construct, use or sell the patented invention in respect of 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. There is no such provision in the Trademarks Act [Cap 240]. For the Copyright Act 1999, section 58 ( 1) (b) permits the use of copyright work for the service of the State in the interest of the safety or health of the public or any member of the public.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 2. Please state how your legislation provides for the protection of the exclusive rights of authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the Berne Convention (1971).
Under section 14 of the Copyright Act 1999, literary, dramatical, musical or artistic works fall under copyright, however, rights to these works only exist when the same is recorded in writing or otherwise. The owner of the work has the exclusive right to copy, issues copies to the public, publicly perform, broadcast, communicate to the public and adapt the work. These are certain exemptions to these by virtue of Parts IV and IX of the Act. The exemptions are particularly in terms of public interest. The copyright exists at the end of 50 years after the end of the calendar year in which the author dies.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 3. Please describe the protection accorded to authors of computer programs, databases or compilations of data.
Literary works includes computer programs and compilations (which would include data – see definition of compilation) as defined in section 1 of the Copyright Act 1999. Although Part IV gives provisions for exemptions to copyright work, for instance, research on private study does not apply to literary work that is a computer program. This means that rights of the owners of literary work in relation to computer programs have strict exclusive rights to their work.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 4. Please state whether your legislation provides for a rental right and, if so, the works to which it applies.
Yes, under section 73 of the Copyright Act 1999, certain rental rights for works that include a computer program, sound recording or audio visual may be accorded to any person of an educational establishment or a prescribed library. However, this right is only applicable to such an establishment or library that does not provide rental of the work for the purpose of making profit and the work is subject the work has previously been put into circulation with the license of the copyright owner.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organisations under your legislation.
Part X of the Copyright Act 1999 provides for performers rights. Section 164 of the Act, performance means a dramatic performance, musical performance, a reading or recitation of a literary work or a performance of a variety act or any similar presentation. There are certain exception, namely, performance in the course of activities of educational establishments, a reading, recital of any items of news and information, performance of a sporting activity or a participation in a performance as a member of an audience. Accordingly, a performer has exclusive right to his/her performance. The performance shall be made, broadcasted live or communicated to the public, in whole or in part, with the performer's consent. The Act further makes provision for the infringement of the performer's right if the performance was used without specific consent for such use. This is subject to certain exceptions including the use of the performance for the purpose of criticism, reviews and news reporting. Also, the rights to performers is subject to the copying of the performance for a course of instructions, for educational establishments, for parliamentary and judicial proceedings and any acts done under statutory authority.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 6. Please state whether your legislation provides for any limitation or exception in relation to each of the rights described above in accordance with the relevant provisions of the Berne and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Yes, all the works that are accorded rights under the Copyright Act 1999 has certain exception by virtue of Part IV Copyright Act which is attached as Annex – 1 to this response.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 7. Please state the terms of protection of each right described above and the work or subject matter to which it applies.
Please refer to Part X of the Copyright Act 1999 which is attached as Annex – 2 to this response.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 8. Please state how your legislation grants the retroactive protection provided pursuant to Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.
At present, there is no specific provision for the grant of retroactive protection provided pursuant to Article 18 of the Berne Convention and Article 14.6 of the TRIPS Agreement in the Copyright Act.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Unión Europea 9. Please give the definition of a sign under your national legislation and explain under what conditions it is protectable.
There is no definition of a sign in the Trademarks Act, however, 'mark' means a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
20/05/2016

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