Examen de la legislación de aplicación del Acuerdo sobre los ADPIC - Búsqueda

Restablecer
 
 

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.

* NO es necesario utilizar todos los campos de búsqueda que figuran a continuación (rellene solo los que sean pertinentes para su consulta).
* Tenga en cuenta que los criterios de búsqueda utilizados son acumulativos. Todos se reflejarán en los resultados de la búsqueda.


Página 672 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/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro Estados Unidos de América 2. Article 51 of the TRIPS Agreement provides for the suspension of release by customs authorities of goods suspected of bearing a counterfeit trademark or of being a piratical copyright work, either at the request of a right holder. Could an update be provided on the implementation of the Regulation on TRIPS Border Measures, including applications filed by rights owners to suspend the release of suspected counterfeit and piratical goods and interdiction efforts?
The Customs Administration is dealing with the goods under suspicion of infringing the intellectual property right in accordance with the provisions of the Article 67, Paragraph 3 of the Customs Law ("Official Gazette of the Republic of Montenegro", No. 07/02, 38/02, 72/02, 21/03, 31/03, 29/05, 66/06 and "Official Gazette of Montenegro", No. 21/08) and Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11). Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights ("Official Gazette of Montenegro", No. 33/11) is harmonised with the basic principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation (TRIPS). The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulates the conditions for undertaking actions with goods suspicious of infringing an intellectual property right, procedure for undertaking such actions, as well as measures for protection of intellectual property rights undertaken by the customs authority in cases when the goods are found to infringe the intellectual property rights. In accordance with the Regulation customs authority may suspend customs procedure and detained the goods based on application for action of right holder and ex-officio.The customs authority may, in accordance with the Regulation, undertake the actions when goods suspicious of infringing an intellectual property right is: declared for release for free circulation, export or re export, found during the control of goods entering or leaving the customs territory of Montenegro, placed under a suspensive customs procedure or placed in free zone or free warehouse. The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights covers the protection of trademark, copyright or related right, industrial design, patent, supplementary protection certificate, plant variety, designation of origin or geographical indication and topography of semi-conductors. Regarding the data related to the lodged applications for action for protection of intellectual property rights, please note that 44 applications for action for protection of intellectual property rights were lodged to the Customs Administration in 2011. 39 applications were adopted and five applications were rejected due to formal irregularities. In 2012, 42 applications were lodged to the Customs Administration, out of which 41 applications for action for protection of Intellectual Property Rights were adopted by the Customs Administration and 1 was rejected due to formal irregularites. In 2013, up to 31st of October, 52 applications were lodged to the Customs Administration, out of which 46 applications were adopted, three applications were rejected due to formal irregularities, while three applications are being processed. 3. Article 52 of the TRIPS Agreement provides that a right holder initiating the procedures of TRIPS Article 51 shall be required to provide adequate evidence to satisfy authorities there is a prima facie an infringement. Could information be provided as to what Montenegro requests, such as any application fee, what is the length of time for which an accepted application is valid, and whether applications are filed at a central office or at ports of entry? The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid. 4. Article 61 of the TRIPS Agreement provides for criminal procedures and penalties, sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy on a commercial scale. Could information be provided on the disposition of criminal cases involving trademark counterfeiting or copyright piracy and the criminal penalties and jail time ordered in those cases? For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.
10/01/2014
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro Estados Unidos de América 3. Article 52 of the TRIPS Agreement provides that a right holder initiating the procedures of TRIPS Article 51 shall be required to provide adequate evidence to satisfy authorities there is a prima facie an infringement. Could information be provided as to what Montenegro requests, such as any application fee, what is the length of time for which an accepted application is valid, and whether applications are filed at a central office or at ports of entry?
The provisions of Articles 4, 5 and 6 of the The Regulation on measures of customs authority with the goods under suspicion of infringing the intellectual property rights stipulate the proofs submitted by the right holder to this Administration when addressing with the application for action for protection of intellectual property rights. Namely, the right holder who wishes to protect an intellectual property right shall submit to the Customs Administration the application for action for protection of intellectual property rights,to the address of its headquarters at Oktobarske revolucije No. 128 Podgorica. The application is lodged in two copies in the form found in the annex to the Regulation (Annex 1) and it is filled in accordance with the Instructions for filling in the form and submission of the application for action for protection of an intellectual property right, which is also an integral part of the Regulation. Application and Instructions can be downloaded from the web site of Customs Administration http://www.upravacarina.gov.me/ (in Montenegrin and English). The application must contain information that enables the customs authority to easily recognise the goods related to the application, specifically: correct and detailed technical description of the goods, all information in possession of the right holder related to the type or manner of infringement of the intellectual property right, name and address of contact persons for administrative and technical issues. The applicant can also provide other available data on: value of original goods; location of the goods or destination of the goods; details based on which the shipment or packaging of the goods can be identified; expected date of arrival or forwarding of the goods; type of transport; importer, exporter or holder of the goods; country or countries where the goods are produced, as well as transport routes; technical and other differences, if known, between the original goods and the goods suspected of infringing intellectual property rights. The right holder shall be obliged to accompany the application with the proof that its right has been registered and valid in Montenegro. Excerpt from the relevant register shall also be considered to be a proof. If the application is lodged by authorised user of the right, it shall also be obliged to lodge document that proves the acquisition of right of usage. If the application is lodged by the representative of the right holder, it shall be obliged to lodge the authorisation for representation, i.e. the power of attorney by which the right holder is explicitly authorising the agent to represent it at the customs authority of Montenegro in matters of protection of an intellectual property right. Applications for action shall be accompanied by a declaration from the right-holder, in accordance with the Article 6 of the Regulation, accepting liability regarding the damages that might occur with the procedure if the initiated procedure is terminated due to an act or omission by the right-holder or in the event that the goods in question are subsequently found not to infringe an intellectual property right. With such declaration, the right holder is obligated to bear expenses related to the storing and keeping the goods withheld under the customs control. Declaration should be made on special form found in Annex 2, making the integral part of the Regulation. No fee is paid for lodging of the application for action for protection of intellectual property rights. Customs Administration, within 30 working days following the lodging of the application, is making the decision on undertaking actions for protection of intellectual property rights and submits it to the applicant in written form. When the circumstances order for urgent undertaking of actions and when the application contains sufficient data related to the shipments, suspicious of containing goods infringing the intellectual property rights, the customs administration is adopting the decision within three working days following the day of lodging of application at the latest. Actions for protection of intellectual property rights are approved for a period not exceeding one year following the adoption of the decision. Approved period can be extended for one year, following the written request of the right-holder, which was submitted prior the expiry of approved period, and if all previous expenses, charged to the right holder have been paid.
10/01/2014
IP/Q4/MNE/1, IP/Q/MNE/1, IP/Q2/MNE/1, IP/Q3/MNE/1 Montenegro Estados Unidos de América 4. Article 61 of the TRIPS Agreement provides for criminal procedures and penalties, sufficient to act as a deterrent, for willful trademark counterfeiting or copyright piracy on a commercial scale. Could information be provided on the disposition of criminal cases involving trademark counterfeiting or copyright piracy and the criminal penalties and jail time ordered in those cases?
For the requested criminal offenses against intellectual property, in the period from 2009 to 2013, criminal proceedings were conducted before Montenegrin courts only for the criminal offense of Unauthorised Use of Copyrighted Work or an Object of a Related Right under Article 234 of the Criminal Code of Montenegro ("Official Gazette of the Republic of Montenegro", No. 70/03, 13/04, 47/06 and "Official Gazette of Montenegro", No. 40/08, 25/10, 32/11 and 40/13). We note that the Criminal Code does not stipulate the criminal offense of trademark counterfeiting for which the information is requested, as well as that using another's trademark is an act of execution of criminal offense of Abuse of Trade Name under Article 271 of the Criminal Code, but not the criminal offense itself. In relation to criminal proceedings in respect of the criminal offense under Article 234 of the Criminal Code, please note the following: In 2011, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. In 2012, the Basic Court in Niksic pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, one year on probation. In 2013, the Basic Court in Herceg Novi pronounced one guilty verdict by which the accused was found guilty and sentenced to three months in prison, two years on probation. All three verdicts are final.
10/01/2014
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Canadá 1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS Agreement and throughout) have been implemented.
In response to Canada's first question, Fiji submits information it had compiled with regard to its copyright law in relation to the questions in the Checklist of Issues on Enforcement as it covers most issues applicable to Fiji's law arising from Articles 41 - 61 of the TRIPS Agreement. (See 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 Canadá 2. What protection does your Copyright legislation afford to "foreign works"?
Pursuant to s227(2), regulations maybe made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: "(a) persons who are citizens or subjects of a country or who are domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji (b) bodies incorporated under the law of a country or place - as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) broadcasts made from, or cable programmes sent from a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji 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 and cite to the relevant provisions of law.
Pursuant to s227(2), regulations may be made by the Minister (in this instance the Attorney-General), applying a specified provision of the Act in relation to: (a) persons who are citizens or subjects of a country or who ore domiciled or resident in a place - as it applies in relation to persons who are Fiji Island citizens or are domiciled or resident in the Fiji Islands. (b) in relation to bodies incorporated under the law of a country or place as it applies in relation to bodies incorporated under the law of the Fiji Islands or in the case of an audio-visual work, as it applies to a body which has its headquarters in a prescribed foreign country. (prescribed by regulations under this Act - s2) (c) in relation to works first published in a country or place - as it applies in relation to works first published in the Fiji Islands. (d) in relation to broadcasts made from, or cable programmes sent from, a country or place - as it applies in relation to broadcasts made from or cable programmes sent from, the Fiji Islands." Generally these regulations would apply to Convention countries and maybe subject to specified exceptions and modifications or maybe applied generally or to a specified class of works. These Regulations are not in place as yet.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 2. Please explain how the copyright law of Fiji protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement and cite to the relevant provisions of law.
Computer programs are protected as any other work, with the issue of the author covered by section 5(2) (a) of the Act which stipulates: "(2) For the purposes of subsection (1), the person who creates a work is - (a) in the case of literary, dramatic, musical or artistic work that is computer-generated-the person by whom the arrangements necessary for the creation of the work are undertaken."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available. Please cite to the corresponding provision of the copyright law of Fiji.
Section 229(o) of the Act stipulates that: "229. The Minister may make regulations for all or any of the following purposes – (o) authorising, subject to specified conditions, the rental to the public of copies of - (i) any specified class or classes of computer program; (ii) any specified class or classes of sound recording, or (iii) any audio visual work or specified class or classes of audio visual work, without the consent of the owner of the copyright in the work." Pursuant to s73 of the Act, copyright in a work (being a computer program, sound recording, or audio visual work) is not infringed by the rental of that work to any person by an educational establishment or a prescribed library if they do not rent out the work for profit or if the work has previously been put into circulation with the licence of the copyright owner
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 4. Please state the length and terms of protection the copyright law of Fiji provides for a work other than a photographic work or a work of applied art and cite to the relevant provision of law.
Section 22 Copyright in a literary, dramatic, musical or artistic work expires at the end of 50 years after the end of the calendar year in which the author dies. Section 22(3) If the work is computer generated copyright expires at the end of 50 years after the end of the calendar year of a authorized publication of the work or if there is no authorized publication within 50 years after the making of the work, at the end of 50 years after the end of the calendar year of its making. Section 22(4) If the work is of unknown authorship copyright expires at the end of 50 years after the end of the calendar year of authorized publication of the work. Section 23(3) Copyright in a sound recording or audio visual works expires at the end of the period of 50 years from the end of the calendar year in which the work is made or is first made available to the public, or is first published, whichever is the latest. Section 24 Copyright in a broadcast or a cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast is made or the cable programme is communicated to the public. Section 25 Copyright in a typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition is first published.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 5. Please describe the protection the copyright law of Fiji provides for performers, and the term of the protection.
Part X of the Copyright Act 1999 (Fiji), covers Performers' Rights, sections 166, 167 168 and 169 of which cover infringements by a person or persons, who without a performer's consent for a commercial purpose makes a recording of the whole or substantial part of a performance, by means of an illicit recording or copies of a recording knowing or having reason to believe that it was made without the performer's consent. A performer's rights are infringed by a person who without the performer's consent imports into Fiji other than for his private and domestic use or in the course of business possesses, sells or lets for hire c recording that the person knows or ought to have known is on illicit recording.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 6. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Article 14.2 requires that producers of phonograms are to have the right to authorize or prohibit the commercial rental to the public of originals or copies of their phonograms. Please describe how the copyright law of Fiji implements these obligations and indicate the term of protection.
As indicated in response to question 5, the performer's rights ore protected in a number of ways, but all of which require that the performer's consent is required. For example, s166(1) of the Act stipulates: "(1) A performer's rights are infringed by a person who without the performer's consent - (a) makes, otherwise than for the person's private and domestic use, a recording of the whole or any substantial part of the performance; or (b) broadcasts live, or communicates to the public, the whole or any substantial part of a performance." The performer's right to authorize or prohibit the commercial rental to the public of originals or copies of their program may be implemented by regulations made by the Minister. Section 201(2) of the Act, (contained in Part X covering Performer's Rights) stipulates: "Regulations made under this section may - (a) apply any provisions 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 performers."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 7. Please describe the subject matter that can comprise a trademark under the trademark law of Fiji.
Under section 2 of the Trademarks Act, trade-mark included a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 8. Please describe the procedure that must be followed to register a trademark in Fiji, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.
The procedure for the registration of a Trade mark is under section 11 (1) of the Trademarks Act and the prescribed manner is provided in the Second Schedule of the Act. Section 11 (1) of the Act stipulates: "11.-(1) Any person claiming to be the proprietor of a trade-mark who is desirous of registering the same shall apply in writing to the Registrar in the prescribed manner. (2) Subject to the provisions of this Act, the Registrar may refuse such application or may accept it absolutely or subject to conditions, amendments or modifications or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose. (3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the court. (4) An appeal under this section shall be made in the prescribed manner and on such appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise the application is to be accepted. (5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar other than those stated by him except by leave of the court hearing the appeal. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. (6) The Registrar or the court as the case may be may at any time, whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his application upon such terms as they may think fit." As outlined above under Section 11 (3), if the Registrar after considering the application for registration of a trademark refuses or accepts the application on conditional grounds, the applicant if he or she requires has the right to ask the Registrar to state in writing the grounds of the Registrar's decision and the materials used by the Registrar in arriving at the same, and such decision shall be subject to appeal to the court.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 9. Please provide the length and terms of protection the trademark law of Fiji provides for a trademark.
Registered trademarks are protected for 14 years from the date of registration, as per section 27 of the Act. Registration of a trademark can be renewed within the prescribed time for another period of 14 years. Section 27 stipulates that: "27. The registration of a trade-mark shall be for a period of fourteen years but may be renewed from time to time in accordance with the provisions of this Act."
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 10. Please explain whether the laws of Fiji provide well-known servicemarks with the same protection as well-known trademarks under Article 6bis of the Paris Convention, as required by Article 16.2 of the TRIPS Agreement.
At present, the Trademarks Act only provides for trademarks in connection with goods.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 11. Please explain whether the relevant authorities in Fiji, in determining whether a mark is well-known, take account of knowledge of a trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of the trademark.
The Fiji Intellectual Property Office in receiving application for trademarks considers well known trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period for opposition will cater for any objections albeit from a well-known trademark holder or not.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 12. Please explain in detail how well-known trademarks are protected in Fiji and cite to the relevant provisions of law.
At present, there is no provision for well-known trademarks.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 13 . Please describe in detail how the laws of Fiji provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
At present, there are no provisions for the recognition and protection of geographical indicators.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 14. Please describe in detail the manner in which the additional protection required for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
At present, there are no provisions for the protection of wines and spirits.
20/05/2016
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1 Fiji Estados Unidos de América 15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of Fiji, and describe the nature of the protection provided.
At present there are no provisions for the protection of industrial designs however we are in the process of drafting a legislation governing industrial designs.
20/05/2016

Página 672 de 677   |   Número de documentos : 13533

 
Restablecer