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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IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 2. Does the legislation of Kazakhstan grant patent protection for inventions relating to products and processes in all fields of technology? Are there any exceptions? If yes, please indicate these exceptions and explain how they comply with Article 27 of the TRIPS Agreement.
According to paragraph 1 of Article 6 of the Patent Law inventions shall be protected if they are new, involve an inventive step, and are capable of industrial application. Paragraph 2 of Article 6 of the Patent Law provides that patent protection shall be available to inventions in any field of technology whether products or processes as required by Article 27 of the TRIPS Agreement. Exceptions are provided in paragraph 3 of Article 6 according to which the Patent Law does not recognize as inventions: (i) discoveries; (ii) scientific theories; (iii) mathematical methods; (iv) methods of economic organization and management; (v) symbols, schedules, and rules; (vi) rules and methods for mental activities; (vii) algorithms per se and computer programs; (viii) projects and plans of buildings and structures, and land development; (ix) proposals concerning solely the outward appearance of manufactured goods; and, (x) proposals that are contrary to the public order, humanitarian principles and morality. At the same time, diagnostic, therapeutic and surgical methods can also be protected as inventions under the Article 6 criteria. Abovementioned exceptions were discussed with the members during the process of Kazakhstan’s accession to the WTO and it was agreed that they comply with exceptions allowed under the Article 27 of the TRIPS Agreement.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 3. Does the legislation of Kazakhstan, 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?
Paragraph 2 of Article 11 of the Patent Law stipulates the requirement that a patented invention be used, while "use" is defined as manufacturing, application, importation, offer for sale, sale, as well as other means of putting the industrial property into circulation, including storage in view of subsequent use. Therefore, in the case of importation of a patented product, non-use for the purpose of compulsory licensing cannot be established under Kazakhstan's Patent Law.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 4. Does the legislation of Kazakhstan make the granting of a compulsory license subject to all the conditions enumerated in Article 31 TRIPS of the TRIPS Agreement? Please cite the relevant provisions of the legislation.
All the conditions enumerated in Article 31 of the TRIPS Agreement can be found in paragraphs 4 and 5 of Article 11 of the Patent Law of the Republic of Kazakhstan. According to the abovementioned provisions, when the patentee does not use the industrial property object and refuses to conclude a licensing agreement on acceptable commercial terms within 90 calendar days from the day of request, any person have the right to apply to a court with a claim on being granted a compulsory non-exclusive license when the object of industrial property was not continuously used after the first publication of information on the issue of the protection document on the industrial property object during any three years preceding the date of submission of such claim. If the patentee does not prove that the non-use is stipulated by good reasons, the court grant the indicated license with determination of limits of use, deadlines, amount and procedure for payments. The amount of payments is established not lower than the market price of the license as defined in accordance with the established practice. Compulsory license in respect of an invention in the field of semi-conductor technology is only granted for public non-commercial use or where a judicial body has determined that the existing practice is in violation of anti-competitive legislation of the Republic of Kazakhstan and that the grant of compulsory license can remedy such practice. Any compulsory license is issued in the first instance for providing for demands of the domestic market of the Republic of Kazakhstan, except when the compulsory license concerns a patent claiming a pharmaceutical product or a process to obtain a pharmaceutical product, and the purpose of the license is to export the patented product or the product manufactured by the patented process to a territory with no or insufficient manufacturing capacity, in accordance with international agreements, ratified by the Republic of Kazakhstan. The right to use the indicated industrial property object may be assigned by the person to whom the compulsory license was granted to other person only together with the relevant production in which this item is used. The compulsory license is subject to revocation by the court in the case of termination of the circumstances which were the reason for its issue. The patentee who cannot use the object of industrial property without infringing the right of the holder of another patent who has refused to conclude a licensing agreement on acceptable commercial terms has the right to apply to the court with application claim on being granted a compulsory non-exclusive license to use the object of industrial property in the territory of the Republic of Kazakhstan. If the patent holder who cannot use the object of industrial property without infringing the rights of the holder of another patent proves that his industrial property object represents an important technical advance and has a considerable economic significance in relation to the object of industrial property of another patent, the court may decide to grant him a compulsory license. When granting the indicated license the court determines the limits of use of the object of industrial property the patent on which belongs to other person, deadlines, amount and procedure for payments. In this respect, the amount of payments is established not lower than the market price of the license as defined in accordance with the established practice. The right to use the object of industrial property obtained on the basis of the present paragraph may be assigned only with the assignment of the protection document on this object of industrial property in connection therewith this right is granted. In the case of granting in accordance with this paragraph of a compulsory license to the patent holder of protection document the right to use on which was granted on the basis of indicated license will also have a right to receive a license to use the dependent invention in connection therewith compulsory license was granted.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 5. Does the legislation of Kazakhstan provide for the principle of the reversal of burden of proof in patent litigation? Please cite the relevant provisions of the legislation.
With regard to reversal of the burden of proof in civil proceedings concerning the infringement of process patents, it must be mentioned that the requirements of Article 34 of the WTO TRIPS Agreement are not covered by the Patent Law, but contained in Article 65 of the Civil Procedure Code, which stipulates that each party is responsible for providing proof for its own claims and statements. Other parties involved in the process can also provide evidence.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 6. Please explain in detail if the legislation of Kazakhstan ensures that undisclosed test or other data submitted by an applicant to the responsible State agency in the procedure for market authorization 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 authorization for their own product.
According to paragraph 19 of Article 71 of the Code of the Republic of Kazakhstan "On People's Health and Healthcare System" of 18 September 2009 (further – the Health Code) State Expert Organization as well as state body in the field of circulation of pharmaceutical products, medical devices and equipment shall not be allowed without consent of the applicant to disclose and use with commercial purpose of undisclosed information contained in application for state registration, documents on examination as well as in registration dossier of pharmaceutical product that contain new chemical entities during the period of 6 years after state registration of a pharmaceutical product. With regard to agrochemical products it must be mentioned that according to Law No. 302-III "On Safety of Chemical Products" of 21 July 2007 and Government Resolution No. 1396 "On Approval of the Rules on Registration and Production Testing and State Registration of Pesticides" of 30 November 2011, registration requirements for chemical products, pesticides and poisons are the same for every applicant and does not permit the reliance on undisclosed data developed or submitted by another applicant to obtain product registration.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 7. Does your legislation provide for exceptions to this protection of undisclosed information? If so, please explain under what conditions would such exceptions apply?
According to paragraph 19 of Article 71 of the Code of the Republic of Kazakhstan "On People's Health and Healthcare System" of 18 September 2009 State Expert Organization as well as state body in the field of circulation of pharmaceutical products, medical devices and equipment shall not be allowed without consent of the applicant to disclose and use with commercial purpose of undisclosed information contained in application for state registration, documents on examination as well as in registration dossier of pharmaceutical product that contain new chemical entities during the period of 6 years after state registration of a pharmaceutical product. Based on decision of the court, disclosure and use of undisclosed information indicated in paragraph 19 of Article 71 of the Health Code shall be allowed if: 1) supplies of pharmaceutical product are not sufficient for satisfaction of needs of population during the period of 12 month from the date of registration in the Republic of Kazakhstan; 2) it is necessary to protect health of population in emergency or guarantee national security; 3) legislation of the Republic of Kazakhstan in the field of competition was infringed".
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 8. Does your legislation provide for a specific term of protection for such undisclosed test data?
As it was mentioned above, the period of such protection is 6 years after state registration of a pharmaceutical product.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 9. Do the judicial authorities of Kazakhstan have the authority to adopt, on the request of a right holder, a provisional measure inaudita altera parte before an action leading to a decision on the merits of the case has been lodged? Please cite the relevant provisions of the legislation.
According to paragraph 2 of Article 157 of the Code of Civil Procedure the court can order any provisional measure without prior notice to the participants of the case or parties of arbitration (inaudita altera parte) and without holding court proceedings. In the cases where provisional measures had been adopted inaudita altera parte, parties affected had to be given notice without delay after the execution of the measures at the latest.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 10. Does the legislation of Kazakhstan provide for any restrictions for obtaining provisional measures? If so, what are these restrictions? Please cite the relevant provisions of the legislation.
According to Article 155 of the Code of Civil Procedure, provisional measures shall not be applied with regard to: • financial organization in the process of restructorization in cases provided by the legislation of the Republic of Kazakhstan; • suspension of validity of the contested legal acts of the National Bank of the Republic of Kazakhstan on suspension of activity at the financial market, conservation of financial organizations, as well as its written instructions; • suspension of validity of the contested legal acts of the state revenue bodies that serve as a basis for tax examinations.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 11. Please describe the provisional measures provided for in the legislation of Kazakhstan, including those for combatting counterfeiting and piracy. Please describe the procedures that must be followed and cite the relevant provisions of legislation.
According to Article 155 of the Code of Civil Procedure, upon application of participants of the case or parties of the arbitration, the court can apply provisional measures in cases where, in their absence, the court will not be able to issue a ruling or its work will be hindered. Parties of the arbitration must provide the document confirming submission of the arbitration claim together with the application for provisional measure. According to Article 156 of the Code of Civil Procedure, provisional measures can be the following: (i) seizure of the defendant's property; (ii) prohibition for the defendant to take certain actions; (iii) prohibition for other persons to transfer property or perform certain actions in respect to the defendant; (iv) suspension of the sale of property in cases where a claim was filed to cancel the seizure of property; (v) suspension of a contested legal act issued by a State body, organization or an official; and, (vi) suspension of a penalty imposed by an executive document, contested by the debtor in court; (vii) suspension of trading on the extrajudicial sale of pledge; (viii) suspension of the contested acts and actions of the judicial executor related to foreclosure on the property, made during execution proceedings. The court could also apply other provisional measures for the purposes of Article 155 of the Code of Civil Procedure. Measures for satisfaction of a claim must be proportionate to the demand of a plaintiff, and not violate public interest and the interests of third parties.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 12. Please describe the measures provided by the legislation of Kazakhstan to combat counterfeiting and piracy at the border. Please explain whether the competent authorities are empowered to act ex officio and, if so, please indicate the enforcement actions that may be taken. Please cite the relevant provisions of the legislation.
Border measures in Kazakhstan are applied pursuant to Chapter 46 (Articles 328-333) of the Customs Code of the Customs Union of 27 November 2009 and Section 53 of the Customs Code of Kazakhstan (Articles 436 445). Consistent with the procedures set-out in Chapter 46 and Section 53, Kazakhstan's customs authorities are authorized to take action to prevent the import and export of goods containing objects of intellectual property rights. Kazakhstan's State Revenue Committee maintains a Registry of goods containing intellectual property, which is published periodically. Goods are included in the Registry free of charge, at the request of right holders. This guarantee that the rights of applicants will be protected by the customs authorities for the duration specified in the application, with the maximum period being two years from the date of inclusion in the Registry (with a possible extension, which cannot exceed the period of validity of the right itself). Although right holders can register their intellectual property with the State Revenue Committee, customs officials can exercise ex officio authority to seize suspect goods even if right holders do not have the registration. The CU Customs Code and the Customs Code of Kazakhstan authorize the national customs authorities to suspend the customs processing of goods containing intellectual property for up to ten working days if the right holder applied for such protection and if they found that the goods violated the intellectual property rights of the applicant. When such goods are discovered, the customs authorities attempt to identify right holders by consulting the Unified Customs Registry or Kazakhstan's national Customs Registry. If a right holder did not register its intellectual property rights on these registers, the customs authorities attempt to identify and contact the right holder by consulting the registries of the Ministry of Justice. After the right holder is identified, the customs authorities inform him/her about the goods under investigation and provide the right holder, or his/her representative, with the opportunity to inspect samples/specimens from the goods under customs supervision at the place of temporary storage (Article 440 of the Customs Code of Kazakhstan and CU Commission Decision No. 258 "On Customs Examination under Customs Control" of 20 March 2010). Pursuant to Article 440 of the Customs Code of Kazakhstan, the customs authorities have to provide the right holder with the name and address of the declarant, as well as provide the declarant with the name and address of the right holder. This has to be done within one day of taking a decision to suspend the release of the goods, i.e., before the matter is taken to court and before the infringement is identified by the right holder. Pursuant to the Customs Code of Kazakhstan, the customs authorities are entitled to receive compensation to cover expenses incurred in connection with the suspension of the goods (e.g., for warehouse storage). For goods that proved to be counterfeit, such compensation has to be provided by the declarant, and for goods that proved not to be counterfeit, by the applicant. For goods that proved not to be counterfeit, the right holder compensate the declarant for any damages incurred (minimum security/guarantee of €10,000 is a requirement for right holders wishing to include goods in the national Customs Registry). The exact amount of compensation can be agreed between the declarant and the right holder, or can be determined by the court.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 13. Please describe how the legislation of Kazakhstan meets the requirements of Article 41 TRIPS Agreement. Please cite the relevant provisions.
Kazakhstan fully applies the provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, including provisions for enforcement that can be found in the Civil Code, the Code of Civil Procedure, the Code of Administrative Offences, the Criminal Code and the Code of Criminal Procedure.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 14. Please indicate the authorities responsible for the application of the measures provided by the legislation of Kazakhstan to combat counterfeiting and piracy. Please explain whether the competent authorities are empowered to act ex officio and, if so, please indicate the enforcement actions that may be taken. Please cite the relevant provisions of the legislation.
Besides the customs authorities, the court, the office of the public prosecutor, the internal affairs authorities and the financial police are among those who are actively involved in the enforcement of intellectual property laws in Kazakhstan. Police units work in close cooperation with right holders as well as conduct repeated, unannounced inspections in order to examine compliance with intellectual property rights legislation. If evidence of unauthorized use of intellectual property rights protection is found, administrative or criminal proceedings are initiated.
09/08/2017
IP/Q/KAZ/1, IP/Q2/KAZ/1, IP/Q3/KAZ/1, IP/Q4/KAZ/1 Kazajstán Suiza 15. Please describe any new initiatives that are planned to improve the enforcement of intellectual property rights in your country. Is there a particular action plan in place?
Within the process of WTO accession Kazakhstan has increased efforts in order to improve protection and enforcement of intellectual property rights. National legislation was significantly amended in order to bring it in full compliance with the WTO rules. Statistic data for 2015-2016 shows that despite decrease in number of inspections, number of cases on infringement of intellectual property that were revealed is still growing. Every year the Ministry of Justice regularly hold the national campaign "CONTRAFACT" aimed at prevention and detection of infringements as well as persons involved in illegal production and dissemination of goods. It must be mentioned that beyond this campaign number of government bodies involved in economic, anticorruption, financial and criminal investigations also take part in everyday intellectual property rights enforcement actions. The Ministry of Justice of the Republic of Kazakhstan developed and in November 2016 submitted to the Majilis of the Parliament of the Republic of Kazakhstan a draft Law "On introducing amendments and addenda to some legislative acts of the Republic of Kazakhstan on improvement in the field of intellectual property law". The purpose of the draft Law - further improvement of the legislation in the field of intellectual property, development of scientific and technological progress and free competition, simplification of registration procedures, elimination of legal gaps and exclusion rules that create administrative barriers in the field of intellectual property. Drafting of the Law involved participation of the relevant public authorities, National Chamber of Entrepreneurs of Kazakhstan "Atameken", non-governmental organizations, representatives of the Foreign Investors Council, Members of the Council for improvement of the investment climate, patent attorneys. Preparation of the draft Law was carried upon reflection on the experiences of the OECD countries. Discussions of the proposed amendments involved participation of experts and judges from several OECD countries (Germany, Japan, France, the United States) and Russian Federation. The main new features of the draft Law are as follows: • creation of a single-level intellectual property registration system by delegating to the expert organization (RSE "National Institute of Intellectual Property") of the authority to issue registration rights on intellectual property; • expansion of the pre-trial examination possibility related to trademark registration disputes; • publication of trademark applications from the moment their arrival to the expert organization; • simplification of the registration of contracts.
09/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Canadá 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
Please see responses to the Checklist on Issues of Enforcement . The responses from Saint Kitts and Nevis to the Checklist of Issues on Enforcement are circulated in document IP/N/6/KNA/1.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Canadá 2. What protection does your Copyright legislation afford to "foreign works"?
The legislation currently does not protect "foreign works". Protection of eligible works in SKN is limited to authors who are nationals or habitual residents of SKN or if it was first published in SKN (ss. 3 and 8 of SKN Copyright Act). In its ongoing legislative review the Government has already identified this provision as inconsistent with provisions of the TRIPS Agreement and will remedy this in the very near future since it is open to the Minister, under s. 145 to pass a statutory order that would declare that copyright protection extends to the works or authors of the countries that are Members of the Berne Convention, TRIPS or any other relevant international treaty on copyright and performers' rights to which SKN is a party. This approach would not require parliamentary intervention but a legislative amendment in parliament, though more onerous to achieve, is likely to carry a higher degree of practical prudence.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Canadá 3. We understand that legislation on trademarks, patents and copyright have been passed by your Parliament, but that they are not yet in force. (a) When is such legislation likely to be effectively implemented? (b) What are the key improvements introduced by such legislation in respect of TRIPS obligations?
The Marks, Collective Marks and Trade Names Act came into force on 28th July 2000. The Copyright Act and Patents Act came into force on 1 June 2002. Notifications of all legislation related to IPRs have been sent to the WTO and WIPO. Trademarks The prior legislation was passed in 1887 and whilst adequate at the time, did not have the benefit of the application of contemporary standards. There was no definition of a "mark" and the aspect of a mark being refused as being indistinguishable from the goods or services of one enterprise from that of another was not adequately captured. The eligibility of certain trade names has been expanded and clarified in the existing legislation. Greater specificity on infringement and offences generally under the Act has been included in the new Act. Recognition and distinction of well- known marks is provided for in the existing legislation as well as the applicability of the Nice Agreement and the Paris Convention for the Protection of Industrial Property. Patents The previous Patents Act dated from 1906. This earlier legislation failed to provide adequately for the protection of the product as opposed to the process. The patent had a maximum duration of fourteen years and more contemporary considerations such as the applicability of the Patent Cooperation Treaty were not taken account of. The prior Act failed to provide appropriately for the concept of novelty of invention and was overall very thin on procedural aspects. The various aspects and nuances of infringement were not comprehensively dealt with. All of these areas have since been remedied by the existing Patents Act. Copyright The previous legislation in this area was the Copyright Act Chapter 336 of 1919. In addition, the 1956 U.K. Act was largely applicable within the then colony (Saint Kitts and Nevis became an independent nation in 1983). The 1919 Act consisted of three sections which therefore demonstrates how extremely limited it was in scope and how ineffectual it would be in this current regime. The previous legislation created an offence for the infringement of a copyrighted work, however the kinds of work that was contemplated, the extent of the protection, the actual remedies for infringement – outside of the criminal penalty, were not provided for. The current legislation sets out a wide range of concerns in comprehensive detail, including protection for works in electronic form, licensing schemes and licensing bodies, recognizing through the creation of exceptions, the need to balance the exclusive rights of the owner against the rights of the State and certain public purposes that derive therefrom. Some of these rights include fair dealing with a performance or recording for the purpose of criticism or review or reporting on current events, parliamentary proceedings, library use and the playing of certain types of recording for charitable purposes.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Canadá 4. We understand that legislation on geographical indications, protection of plant varieties, and protection of integrated circuit topographies is being drafted. (a) What protection is currently afforded to geographical indications, protection of plant varieties, and protection of integrated circuit topographies, and how does such protection accord with TRIPS obligations? (b) When is such legislation likely to be effectively implemented? (c) What are the key improvements introduced by such legislation in respect of TRIPS obligations?
The Protection of Layout-Designs (Topographies) of Integrated Circuits Act was passed and came into force on 5th November 2007. Legislation on the protection of plant varieties has not yet been passed but a draft bill has been circulated to key stakeholders for their comments and recommendations. The Geographical Indications Act was passed in 2007 and came into effect on 1st November 2016. Geographical indications in the strictest sense were not protected prior to this legislation but collective marks are protectable under the trademark legislation. In keeping with Arts. 22 to 24 of the TRIPS provisions on geographical indications, the Act provides protection • to an indication which identifies any goods as originating in the territory of a country or a region or locality in that territory where a given quality, reputation or other characteristic of the particular goods is essentially attributable to its geographical indication; (section 2) • to a geographical indication even if it has not been registered, however registration of a GI offers a higher level of protection; (section 3) • Against a geographical indication which gives a false representation to the public that the goods originate in another territory than the one it actually derives from. This provision shall be enforceable even if the GI is literally true as to the territory, region or locality in which the goods originate; (section 3) and • in respect of homonymous geographical indications for wines, protection shall be given to each indication. Where necessary, the Registrar shall determine practical conditions for differentiating homonymous indications from each other. The Registrar shall be guided in such cases by the need to ensure equitable treatment of the producers concerned and to ensure that consumers are not misled. The right of use of a geographical indication shall be restricted to a producer carrying on activity in the geographical area specified in the Register, in the course of trade and only in respect of the products specified in the Register where such products possess the quality, reputation or other characteristic set out in the Register. Under section 12 of the Act, the level of protection extends to the possibility of • invalidating the registration of a GI on the ground that the GI does not qualify for protection, • rectifying the registration of a GI on the ground that, • the geographical area specified in the registration does not correspond to the geographical indication, and • the indication of the products for which the geographical indication is used or the indication of the quality, reputation or other characteristic of such products is missing or unsatisfactory. Section 13 allows proceedings to prevent the unlawful use of geographical indications or to prevent a use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention. The Registrar also has power to refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in Saint Kitts and Nevis is of such a nature as to mislead the public as to the true place or origin of such goods (s. 14). The Registrar additionally has power to invalidate or refuse a mark that conflicts with a GI for wines and spirits.
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis 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.
Work is being done to draft or pass legislation for plant variety protection and undisclosed information in Saint Kitts and Nevis. For patents, the law expressly provides that an applicant may apply for a declaration claiming priority of one or more earlier national, regional or international applications filed in a country or State that is party to the Paris Convention or any member of the WTO (s.20). A similar provision exists in the trademark legislation (s. 20).
10/08/2017
IP/Q/KNA/1, IP/Q2/KNA/1, IP/Q3/KNA/1, IP/Q4/KNA/1 Saint Kitts y Nevis Estados Unidos de América 2. Please explain how the copyright law of Saint Kitts and Nevis protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement.
The definition of literary works in s. 2(1) expressly includes computer programmes. Section 6(2) provides that compilations of data are also eligible for protection as a literary work
10/08/2017

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