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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IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 41. Please explain what protection your national legislation grants to right holders against the unlawful importation, sale or distribution for commercial purposes of topographies including integrated circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS Agreement.
The 1992 Copyright and Neighbouring Rights Law and the amendment foreseen provide for preventive measures, including imprisonment and payment of fine, for anyone who manufacture or import unlawfully for the purpose of sale or rental of any equipment, instruments, or apparatus designed or prepared for the purpose of fraud against any technology used by the author or the holder of the neighbouring right.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 42. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.
The Copyrights and Neighboring rights does not provide for clear provisions to deal with such situations. However, the principles of the Code Civil, which is considered to be the cornerstone of the legal system in the UAE and constitutes a basic reference for the judicial system, could be used in such situations.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 43. Please state the term of protection granted by your legislation to topographies.
Topographies are classified among the works protected under the 1992 Copyrights and neighboring law No. 40. The 1992 law, which includes layouts and topography among the works protected in the United Arab Emirates against any unlawful use or aggression. The term of protection of author rights is determined by the period his life and 25 years after his death. The term of protection of copyrights and neighbouring rights will be determined, after introducing the amendments to the 1992 Copyrights law, as follows: • As regards the author rights, the term of protection 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 as referred to in the TRIPS Agreement. • The term of protection of the rights of the joint authors is determined by their period of life and 50 years begin from the date of the death of the last surviving author. • The term of protection of the authors of collective works except the authors of applied arts is 50 years begin from the date of the first publication. • The economic rights of the works published for the first time after the death of their author expire after fifty years starting the first day of the next calendar year of their first publications. • The term of protection of the rights of the authors of the applied artwork is 25 years from the date of their publication. • The term of protection of the rights of the performers is 50 years from the date of the Accomplishment of the work performed. 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. • The term of protection of the rights of the producers of phonograms is 50 years from the date of publication or fixation if it was not published. • The term of protection of the rights of the broadcasting organisations is 20 years from the next year to the year in which the first transmission of the program was made.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 44. Please explain whether or not your legislation grants a defined period of time for the protection of undisclosed information. If so, please give the time span.
The UAE legislation does not define the period of time for the protection of undisclosed information. However, the 1992 Patent Law No. 44 in its article 41 provides that the provisions on the exploitation, surrender, transfer and licensing of the inventions shall be applicable to know-how contracts. This provision could be interpreted in such a way to link the term of protection of undisclosed information with the related patent.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 45. Please explain how your legislation defines undisclosed information.
The Patent Law in Article 39 states that know-how shall be protected against any unlawful use, disclosure or communication by third parties unless it has been published or made available to the public. The following Articles 40-42 provide for provisions related to the necessary steps to preserve the confidentiality, including the contract, which must be concluded for this purposes. The by-laws of the Patent Law provide further explanations of the conditions needed to protect undisclosed information. The Civil Service Act prevents from any disclosure of information made by public servants. The by-laws of the Patent Law provide detailed conditions to be observed by the registration agent and the Registration Committee, including the observance of the principles of the profession and the enforcement of the Law. In all cases, the holder shall take the necessary steps to preserve the confidentiality of its information.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 46. Please explain how your legislation defines data submitted to governments or governmental agencies.
The Patent and designs Law defines in its Article (1) know-how as follows: “The information, data or knowledge as a result of acquired expertise in the applicable, technical, or professional field”. The Bylaw of the Patent Law as well as the annexes of the 1985 Ministerial Decision No. 870 adopted by the Minister of Health provide for more detailed explanation. Copies of this regulations and administrative notes can be provided if requested.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 47. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
preventive measures against infringement of intellectual property rights. These provisions encompasses various measures ranging from the definition of illegal acts to preventive and punitive measures: - the 1992 Trademarks Law (Articles 37-43) - the 1992 Copyright Law (Articles 38-44) - the 1992 Patent Law (Articles 58-61) These laws provides also for remedy measures like preventive seizure, confiscation, destruction of product and equipment as well as removing of the effects of the illegal acts and compensation.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 48. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
Yes, all these laws and others provide for appeal to judicial bodies of administrative decisions. With regard especially for example to compulsory licensing, the possibility to appeal is mentioned in Article 33 of Patent Law.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 49. Please describe how your legislation authorizes judges to order production of evidence by the opposing party. Please give precise information on what measures are taken to ensure the protection of confidential information.
The Evidence Law provides the basis of the production of evidence in the light and the protection of confidentiality therein.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 50. Please quote provisions of your legislation that authorize judges to order a defendant to desist from an infringement.
Article 58 of the Patent Law provides that the owner of the patent may request the competent court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the invention or industrial design, or on the establishment or the part of establishment using or exploiting a patent, in relation to which an infringement or an unlawful act has been committed. The other IP laws provides for the same principle.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 51. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.
The Civil Transactional Law provides for compensation for the opposing party who has been subject to the injury he suffered.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 52. Please quote what provisions of your legislation authorize judges to order the payment of the right holder's expenses by the infringer.
See the answer to question no. 51.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 53. Please explain if and how judges have the authority to order that infringing goods are placed outside channels of commerce or destroyed.
See the answers to questions nos. 47 and 50.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 54. Please quote what provisions of your legislation authorize judges to indemnify a defendant in the event of abuse by the plaintiff.
Article 59 of the Patent and Designs Law states that the applicant of the precautionary seizure should deposit a bail evaluated by the court prior to issuing its order for seizure and the seizer should file the relevant action within eight days as from the date of the issuance of the court’s order otherwise the matter shall be deemed null and void. Moreover, it is permissible for the attached person to file an action for compensation within sixty days as from the date of the termination of the previous term or from the date of issuing the final decision of refusing the relevant action, which the seizor preferred. Furthermore, it isn’t permissible to cash the bail referred thereto except after the issuance of a final decision in the seizor’s action or the claim of compensation which the attached person filed. Also the Trademarks Law provides in its Article 43 for provision aimed at indemnifying the defendant through a judicial decision.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 55. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Article 58 of Patent Law provides that the owner of the patent may request the competent court, either before or during the civil or criminal proceeding, to issue a writ of attachment on the invention or industrial design, or on the establishment or the part of establishment using or exploiting a patent, in relation to which an infringement or an unlawful act has been committed. Temporary and rapid measures against any violation of intellectual property rights are provided in the other laws. Customs department is allowed to take measures at the borders to prevent any violation of intellectual property rights in accordance the above-mentioned laws as well as under Customs regulations. These measures are taken either following the demand of the right holder or on the basis of judicial order.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 56. 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.
The competent court is responsible to decide on preventive seizure. Customs are also responsible for suspension of customs release for a fixed period in response to an application by the rights holder or the public prosecution or by its own initiative.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 57. Please indicate whether or not procedures are available to suspend the exporting of counterfeit goods.
The same rules mentioned in the answer the question no. 56 are applied to this question.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 58. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
The Patent Law Article 61 allows the court to order the destruction of the equipment used in committing the act of imitation and remove the effects of any illegal act. The Copyright Law provides for the same measures. The Trademarks Law Article 43 provides for the destruction of the illegal marks and the products and packaging and tools of packaging and other articles bearing in the illegal marks.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 59. Please indicate whether or not your legislation provides for a de minimis imports exception.
There is no indication in the three intellectual property federal laws of the de minimis imports exception.
02/02/2004
IP/Q/ARE/1, IP/Q2/ARE/1, IP/Q3/ARE/1, IP/Q4/ARE/1 Emiratos Árabes Unidos Unión Europea 60. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Punishment related to illegal acts that affect intellectual property rights are provided in the three intellectual property rights laws. Imprisonment and a fine are provided as sanctions in Article 37 of the 1992 Trademarks Law No. 37, Article 60 of the 1992 Patent Law No. 44 and in the 1992 Copyright Law Article 37.
02/02/2004

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